The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S5007-S5016 on Sept. 6, 2017.
The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 789. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. ___. UPGRADE OF M113 VEHICLES.
No amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2018 may be obligated or expended to upgrade Army M113 vehicles until the Secretary of the Army submits to the congressional defense committees a report setting forth the strategy of the Army for the upgrade of such vehicles. The report shall include the following:
(1) A detailed strategy for upgrading and fielding M113 vehicles.
(2) An analysis of the manner in which the Army plans to address M113 vehicle survivability and maneuverability concerns.
(3) An analysis of the historical costs associated with upgrading M113 vehicles, and a validation of current cost estimates for upgrading such vehicles.
(4) A comparison of total procurement and life cycle costs of adding an echelon above brigade (EAB) requirement to the Army Multi-Purpose Vehicle (AMPV) with total procurement and life cycle costs of upgrading legacy M113 vehicles.
(5) An analysis of the possibility of further accelerating Army Multi-Purpose Vehicle production or modifying the current fielding strategy for the Army Multi-Purpose Vehicle to meet near-term echelon above brigade requirements.
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SA 790. Ms. DUCKWORTH (for herself, Mrs. Ernst, Mr. Durbin, and Mr. Grassley) submitted an amendment intended to be proposed by her to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. STEM(MM) JOBS ACTION PLAN.
(a) Assessments and Plan of Action.--The Secretary of Defense, in conjunction with the Secretary of each military department, shall --
(1) perform an assessment of the STEM(MM) workforce for organizations within the Department of Defense, including the numbers and types of positions and the expectations for losses due to retirements and voluntary departures;
(2) identify the types and quantities of STEM(MM) jobs needed to support future mission work;
(3) determine the shortfall between lost STEM(MM) personnel and future requirements;
(4) analyze and explain the appropriateness and impact of using reimbursable and working capital fund dollars for new STEM(MM) hires;
(5) identify a plan of action to address the STEM(MM) jobs gap, including hiring strategies and timelines for replacement of STEM(MM) employees; and
(6) submit to Congress, not later than December 31, 2018, a report specifying such plan of action.
(b) STEM(MM) Defined.--In this section, the term
``STEM(MM)'' refers to science, technology, engineering, mathematics, maintenance, and manufacturing.
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SA 791. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. ___. GOVERNMENT MICRO-PURCHASE THRESHOLD MATTERS.
(a) Increase in Threshold.--Section 1902(a)(1) of title 41, United States Code, is amended by striking ``$3,000'' and inserting ``$10,000''.
(b) Convenience Checks.--A convenience check may not be used for an amount in excess of one half of the micro-purchase threshold under section 1902(a) of title 41, United States Code, or a lower amount set by the head of the agency. Use of convenience checks shall comply with controls prescribed in Office of Management and Budget Circular A-123, Appendix B.
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SA 792. Mr. JOHNSON (for himself, Mrs. Ernst, Mr. Grassley, and Mr. Paul) submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. ___. REPORT ON THE AUDIT OF THE FULL FINANCIAL
STATEMENTS OF THE DEPARTMENT OF DEFENSE.
Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following:
(1) A description of the work undertaken and planned to be undertaken by the Department of Defense, and the military departments, Defense Agencies, and other organizations and elements of the Department, to test and verify transaction data pertinent to obtaining an unqualified audit of their financial statements, including from feeder systems.
(2) A projected timeline of the Department in connection with the audit of the full financial statements of the Department, to be submitted to Congress annually not later than six months after the submittal to Congress of the budget of the President for a fiscal year, including the following:
(A) The date on which the Department projects the beginning of an audit of the full financial statements of the Department, and the military departments, Defense Agencies, and other organizations and elements of the Department, for a fiscal year.
(B) The date on which the Department projects the completions of audits of the full financial statements of the Department, and the military departments, Defense Agencies, and other organizations and elements of the Department, for a fiscal year.
(C) Beginning with fiscal year 2019, the dates on which the Department expects to obtain an unqualified audit opinion on the full financial statements of the Department, the military departments, the Defense Agencies, and other organizations and elements of the Department for a fiscal year.
(D) The anticipated total cost of future audits as described in subparagraphs (A) through (C).
(3) The anticipated annual costs of maintaining an unqualified audit opinion on the full financial statements of the Department, the military departments, the Defense Agencies, and other organizations and elements of the Department for a fiscal year after an unqualified audit opinion on such full financial statements for a fiscal year is first obtained.
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SA 793. Mr. YOUNG submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. __. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL OF
THE UNITED STATES RECOMMENDATIONS FOR THE
DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, AND
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Report.--
(1) In general.--Concerned that, by avoiding full implementation of recommendations made by the Comptroller General of the United States, agencies are missing opportunities to operate more efficiently and effectively, not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report summarizing the assessment of the Comptroller General of each open recommendation made to an agency specified in paragraph (2) that has not been fully implemented.
(2) Agencies.--The agencies referred to in this paragraph are as follows:
(A) The Department of Defense.
(B) The Department of State.
(C) The United States Agency for International Development.
(b) Elements.--The report required by subsection (a) shall include a detailed description of the following:
(1) The initial response of the agency concerned to each recommendation described in subsection (a)(1) at the time such recommendation was made.
(2) The actions taken by the agency concerned to implement such recommendation.
(3) The rationale provided by the agency concerned for not implementing, or partially implementing, such recommendation.
(c) Form.--Any information included in a report under this section shall, to the extent practicable, be submitted in unclassified form, but may be set forth in a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
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SA 794. Ms. WARREN (for herself and Mr. Tillis) submitted an amendment intended to be proposed by her to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORT ON SIGNIFICANT SECURITY RISKS OF THE NATIONAL
ELECTRIC GRID.
(a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Director of National Intelligence and the Secretary of Energy, submit to the congressional defense committees a report setting forth the following:
(1) Identification of significant security risks to defense critical electric infrastructure posed by significant malicious cyber-enabled activities.
(2) An assessment of the potential effect of the security risks identified pursuant to paragraph (1) on the readiness of the Armed Forces.
(3) An assessment of the strategic benefits derived from, and the challenges associated with, isolating military infrastructure from the national electric grid and the use of microgrids by the Armed Forces.
(4) Recommendations on actions to be taken--
(A) to eliminate or mitigate the security risks identified pursuant to paragraph (1); and
(B) to address the effect of those security risks on the readiness of the Armed Forces identified pursuant to paragraph (2).
(b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Definitions.--In this section:
(1) The term ``defense critical electric infrastructure''--
(A) has the meaning given such term in section 215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a)); and
(B) shall include any electric infrastructure located in any of the 48 contiguous States or the District of Columbia that serves a facility--
(i) designated by the Secretary of Defense as--
(I) critical to the defense of the United States; and
(II) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider; and
(ii) that is not owned or operated by the owner or operator of such facility.
(2) The term ``security risk'' shall have such meaning as the Secretary of Defense shall determine, in coordination with the Director of National Intelligence and the Secretary of Energy, for purposes of the report required by subsection
(a).
(3) The term ``significant malicious cyber-enabled activities'' include--
(A) significant efforts--
(i) to deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or
(ii) to exfiltrate, degrade, corrupt, destroy, or release information from such a system or network without authorization for purposes of--
(I) conducting influence operations; or
(II) causing a significant misappropriation of funds, economic resources, trade secrets, personal identifications, or financial information for commercial or competitive advantage or private financial gain;
(B) significant destructive malware attacks; and
(C) significant denial of service activities.
______
SA 795. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the following:
SEC. 2826. LAND CONVEYANCE, MOUNTAIN HOME AIR FORCE BASE,
IDAHO.
(a) Conveyance Authorized.--The Secretary of the Air Force may convey to the City of Mountain Home, Idaho (in this section referred to as the ``City''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 4.25 miles of railroad spur located near Mountain Home Air Force Base, Idaho, as further described in subsection (c), for the purpose of economic development.
(b) Consideration.--
(1) Consideration required.--As consideration for the land conveyed under subsection (a), the City shall pay to the Secretary an amount equal to the fair market value of the land, as determined by an appraisal approved by the Secretary. The City shall provide an amount that is acceptable to the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided by the City under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facility or infrastructure under the jurisdiction of the Secretary.
(3) Treatment of consideration received.--Consideration in the form of cash payment received by the Secretary under paragraph (1) shall be deposited in the separate fund in the Treasury described in section 572(a)(1) of title 40, United States Code.
(c) Map and Legal Description.--
(1) Finalizing legal descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Air Force shall finalize a map and the legal description of the property to be conveyed under subsection (a).
(2) Minor errors.--The Secretary of the Air Force may correct any minor errors in the map or the legal description.
(3) Availability.--The map and legal description shall be on file and available for public inspection.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under this section, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e) Use Reservation.--The Secretary may reserve a right to temporarily use, for urgent reasons of national defense and at no cost to the United States, all or a portion of the railroad spur conveyed under subsection (a).
(f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
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SA 796. Mr. CORNYN (for himself, Mr. Blumenthal, and Mr. Warner) submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPORT ON AIRPORTS USED BY MAHAN AIR.
(a) In General.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter through 2020, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, the Secretary of State, the Secretary of the Treasury, and the Director of National Intelligence, shall submit to Congress a report that includes--
(1) a list of all airports at which aircraft owned or controlled by Mahan Air have landed during the 2 years preceding the submission of the report; and
(2) for each such airport--
(A) an assessment of whether aircraft owned or controlled by Mahan Air continue to conduct operations at that airport;
(B) an assessment of whether any of the landings of aircraft owned or controlled by Mahan Air were necessitated by an emergency situation;
(C) a determination regarding whether additional security measures should be imposed on flights to the United States that originate from that airport; and
(D) an explanation of the rationale for that determination.
(b) Form of Report.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
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SA 797. Mr. PETERS (for himself, Mr. Sullivan, Ms. Cantwell, and Mr. Wicker) submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. __. ELECTRONIC HEALTH RECORDS SYSTEM FOR THE COAST
GUARD.
(a) In General.--The Secretary of the department in which the Coast Guard operating is authorized to procure an electronic health records system for the Coast Guard that is the same as the electronic health records system of the Department of Defense.
(b) Competition in Contracting.--Procurement of an electronic health records system under this section shall be exempt from the competition requirements of section 2304 of title 10, United States Code.
(c) Authorized Procurement Actions.--The authority of the Secretary to procure an action to procure an electronic health records system under this section includes the following:
(1) Authority for task orders under the Department of Defense electronic health records contract.
(2) Authority for a sole source contract award.
(3) Authority for agreements made pursuant to sections 1535 and 1536 of title 31, United States Code (commonly known as the ``Economy Act'').
(4) Any other procurement authority the Secretary considers appropriate.
(d) Support Services.--
(1) In general.--The Secretary may procure, in addition to the electronic health records system, such support services for the system as the Secretary considers appropriate to ensure the electronic health records system is fully interoperable and integrated with the electronic health records system of the Department of Defense.
(2) Support service.--Support services procurable pursuant to this subsection may include services for the following:
(A) System integration support.
(B) Hosting support.
(C) Training, testing, technical, and data migration support.
(D) Hardware.
(E) Any other support the Secretary considers appropriate.
(3) Manner of procurement.--The Secretary may procure support services pursuant to this subsection using the authorities provided in subsection (c).
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SA 798. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. ___. ASSESSMENT OF THE EXPANDING GLOBAL INFLUENCE OF
CHINA AND ITS IMPACT ON THE NATIONAL SECURITY
INTERESTS OF THE UNITED STATES.
(a) Assessment.--The Secretary of Defense shall enter into a contract or other agreement with an appropriate entity independent of the Department of Defense to conduct an assessment of the foreign military and non-military influence of the People's Republic of China which could affect the regional and global national security and defense interests of the United States.
(b) Elements.--The assessment required by subsection (a) shall include an evaluation of the following:
(1) The expansion by China of military and non-military means of influence in the Indo-Asia-Pacific region and globally, including, infrastructure investments, influence campaigns, loans, access to military equipment, military training, tourism, media, and access to foreign ports and military bases, and whether such means of influence could affect United States national security or defense interests, including operational access.
(2) The implications, if any, of such means of influence for the military force posture, access, training, and logistics of the United States and China.
(3) The United States policy and strategy for mitigating any harmful effects resulting from such means of influence.
(4) The resources required to implement the policy and strategy, and the plan to address and mitigate any gaps in capabilities or resources necessary for the implementation of the policy and strategy.
(5) Measures to bolster the roles of allies, partners, and other countries to implement the policy and strategy.
(6) Any other matters the Secretary considers appropriate.
(c) Report.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the assessment required pursuant to subsection (a).
(2) Form.--The report required shall be submitted unclassified form, but may contain a classified annex.
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SA 799. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. ___. PLAN TO ENHANCE THE EXTENDED DETERRENCE AND
ASSURANCE CAPABILITIES OF THE UNITED STATES IN
THE ASIA-PACIFIC REGION.
(a) Finding.--Congress recognizes that North Korea's first successful test of an intercontinental ballistic missile
(ICBM) constitutes a grave and imminent threat to United States security and to the security of United States allies and partners in the Asia-Pacific region.
(b) Plan.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Commander of the United States Pacific Command and the Commander of the United States Strategic Command, shall submit to the congressional defense committees a plan to enhance the extended deterrence and assurance capabilities of the United States in the Asia-Pacific region.
(c) Matters To Be Included.--The plan shall include consideration of actions that will enhance United States security by strengthening deterrence of North Korean aggression and providing increased assurance to United States allies in the Asia-Pacific region, including the following:
(1) Increased visible presence of key United States military assets, such as missile defenses, long-range strike assets, and intermediate-range strike assets, to the region that do not violate existing treaties.
(2) Increased military cooperation, exercises, and integration of defenses with allies in the region.
(3) Increased foreign military sales to allies in the region.
(4) Planning for, exercising, or deploying dual-capable aircraft to the region.
(5) Any necessary modifications to the United States nuclear force posture.
(6) Such other actions the Secretary considers appropriate to strengthen extended deterrence and assurance in the region.
(d) Form.--The plan shall be submitted in unclassified form, but may contain a classified annex.
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SA 800. Mr. BOOZMAN (for himself and Mr. Cotton) submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. ___. RECOGNITION OF THE AVIATION CADET MUSEUM IN EUREKA
SPRINGS, ARKANSAS, AS THE NATIONAL AVIATION
CADET MUSEUM OF THE UNITED STATES.
(a) Findings.--The Senate makes the following findings:
(1) The Aviation Cadet Museum was founded in 1994 by former aviation cadet and Air Force First Lieutenant Errol Severe.
(2) From 1917 until 1965, the flying cadet and succeeding aviation cadet programs served as the primary production source for nearly 500,000 joint service pilots, navigators, and bombardiers.
(3) The bravery, courage, dedication, and heroism of aviators and supporting ground crews from the Army Air Corps and the Army Air Forces were critical factors in defeating the enemies of the United States during World War I and World War II.
(4) The Aviation Cadet Museum in Eureka Springs, Arkansas, is the only museum in the United States that exists exclusively to preserve and promote an understanding of the role of aviation cadets in the 20th century.
(5) The Aviation Cadet Museum is dedicated to--
(A) celebrating the spirit of the United States; and
(B) recognizing the teamwork, collaboration, patriotism, and courage of the men who trained for and fought in, as well as those individuals on the home front who mobilized and supported, the national aviation effort.
(b) Recognition.--The Senate recognizes the Aviation Cadet Museum in Eureka Springs, Arkansas, as the national aviation cadet museum of the United States.
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SA 801. Mrs. GILLIBRAND (for herself, Mrs. Capito, Ms. Baldwin, Ms. Klobuchar, Ms. Collins, Mr. King, Mr. Moran, and Mr. Blumenthal) submitted an amendment intended to be proposed by her to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. ___. PROGRAM TO DESIGNATE AND SUPPORT MANUFACTURING
COMMUNITIES.
(a) Short Title.--This section may be cited as the ``Made in America Manufacturing Communities Act of 2017''.
(b) Definitions.--In this section:
(1) Manufacturing community support program.--The term
``Manufacturing Community Support Program'' means the program established under section 3(a).
(2) Participating agency.--The term ``participating agency'' means a Federal agency that elects to participate in the Manufacturing Community Support Program.
(3) Participating program.--The term ``participating program'' means a program identified by a participating agency under section 3(c)(1)(C).
(4) Secretary.--The term ``Secretary'' means the Secretary of Commerce.
(c) Program Authorized.--The Secretary shall establish a program to improve the competitiveness of United States manufacturing--
(1) by designating consortiums as manufacturing communities under subsection (d); and
(2) by supporting manufacturing communities, as so designated, under subsection (e).
(d) Designation of Manufacturing Communities.--
(1) In general.--Except as provided in paragraph (7), for purposes of the Manufacturing Community Support Program, the Secretary shall designate eligible consortiums as manufacturing communities through a competitive process.
(2) Eligible consortiums.--
(A) In general.--An eligible consortium is a consortium that--
(i) represents a region defined by the consortium in accordance with subparagraph (B);
(ii) includes at least one--
(I) institution of higher education;
(II) private sector entity; or
(III) government entity;
(iii) may include one or more--
(I) private sector partners;
(II) institutions of higher education;
(III) government entities;
(IV) economic development and other community and labor groups;
(V) financial institutions; or
(VI) utilities; and
(iv) has, as a lead applicant--
(I) a district organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation);
(II) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) or a consortium of Indian tribes;
(III) a State or a political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions;
(IV) an institution of higher education or a consortium of institutions of higher education; or
(V) a public or private nonprofit organization or association that has an application that is supported by a State, a political subdivision of a State, or a native community.
(B) Regions.--Subject to approval by the Secretary, a consortium may define the region that it represents if the region--
(i) is large enough to contain critical elements of the key technologies or supply chain prioritized by the consortium; and
(ii) is small enough to enable close collaboration among members of the consortium.
(3) Duration.--Each designation under paragraph (1) shall be for a period of two years.
(4) Renewal.--
(A) In general.--Upon receipt of an application submitted under subparagraph (B), the Secretary may renew a designation made under paragraph (1) for up to two additional two-year periods. Any designation as a manufacturing community or renewal of such designation that is in effect before the date of the enactment of this Act shall count toward the limit set forth in this subparagraph.
(B) Application for renewal.--An eligible consortium seeking a renewal under subparagraph (A) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(C) Modifications authorized.--The Secretary may renew a designation under subparagraph (A) for an eligible consortium that--
(i) has changed its composition, either by adding or removing members; or
(ii) as part of its application under subparagraph (B), submits a revision to the plan submitted under paragraph
(5)(B)(iv) or the strategy submitted under paragraph
(5)(B)(v).
(D) Evaluation for renewal.--In determining whether to renew a designation of an eligible consortium under paragraph
(1), the Secretary shall assess the eligible consortium based upon--
(i) the performance of the consortium against the terms of the consortium's most recent designation under paragraph (1) and any post-designation awards the consortium may have received;
(ii) the progress the consortium has made with respect to project-specific metrics the consortium proposed in the consortium's application for the most recent designation under paragraph (1), particularly with respect to those metrics that were designed to help communities track their own progress;
(iii) whether any changes to the composition of the eligible consortium or revisions to the plan or strategy described in subparagraph (C)(ii) would improve the competitiveness of United States manufacturing; and
(iv) such other criteria as the Secretary considers appropriate.
(5) Application for designation.--
(A) In general.--An eligible consortium seeking a designation under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
(B) Contents.--Each application submitted to the Secretary under subparagraph (A) include--
(i) a description of the regional boundaries of the consortium;
(ii) a description of the manufacturing concentration of the consortium, including an assessment of how the manufacturing concentration of the consortium competitively ranks nationally according to measures relating to employment, sales, location quotients for an industry's level of concentration, or such other measures as the Secretary considers appropriate;
(iii) an integrated assessment of the local industrial ecosystem of the region of the consortium, which may include assessment of workforce and training, such as that involving women and underrepresented minorities, supplier network, research and innovation, infrastructure or site development, trade and international investment, operational improvements, and capital access components needed for manufacturing activities in such region;
(iv) an evidence-based plan for developing components of such ecosystem (selected by the consortium)--
(I) by making specific investments to address gaps in such ecosystem; and
(II) by making the manufacturing of the region of the consortium uniquely competitive;
(v) a description of the investments the consortium proposes and the implementation strategy the consortium intends to use to address gaps in such ecosystem;
(vi) a description of the outcome-based metrics, benchmarks, and milestones that the consortium will track and the evaluation methods the consortium will use while designated as a manufacturing community to gauge performance of the strategy of the consortium to improve the manufacturing in the region of the consortium; and
(vii) such other matters as the Secretary considers appropriate.
(6) Evaluation of applications.--The Secretary shall evaluate each application received under paragraph (5) to determine--
(A) whether the applicant demonstrates a significant level of regional cooperation in their proposal; and
(B) how the manufacturing concentration of the applicant competitively ranks nationally according to measures described in paragraph (5)(B)(ii).
(7) Certain communities previously recognized.--Each consortium that was designated as a manufacturing community by the Secretary in carrying out the Investing in Manufacturing Communities Partnership initiative of the Department of Commerce before the date of the enactment of this Act shall be deemed a manufacturing community designated under this subsection if such consortium is still designated as a manufacturing community by the Secretary as part of such initiative.
(e) Support for Designated Manufacturing Communities.--
(1) Preferential consideration.--
(A) In general.--Except as provided in subparagraph (D), if a member of a consortium designated as a manufacturing community under subsection (d) seeks financial or technical assistance under a participating program of a participating agency, the head of such agency may give preferential consideration to such member with respect to the awarding of such financial or technical assistance if--
(i) such head considers the award of the financial or technical assistance consistent with the economic development strategy of the consortium; and
(ii) the member otherwise meets all applicable requirements for the financial or technical assistance.
(B) Participating agencies.--The Secretary shall invite other Federal agencies to become participating agencies of the Manufacturing Community Support Program.
(C) Participating programs.--The head of each participating agency shall identify all programs administered by such participating agency that are applicable to the Manufacturing Community Support Program.
(D) Multiple members of the same consortium seeking the same financial or technical assistance.--
(i) In general.--If a participating agency receives applications for the same financial or technical assistance from more than one member of the same consortium designated as a manufacturing community under subsection (d), the head of such agency may determine how preference will be given under subparagraph (A), including by requiring the consortium to select which of the members should be given preference.
(ii) Coordination.--If the head of a participating agency determines that more than one member of a consortium should be given preference for financial or technical assistance under subparagraph (A), he or she may require such members to demonstrate coordination with each other in developing their applications for the financial or technical assistance.
(E) Report.--Not later than 90 days after the date of the enactment of this Act, the head of each participating agency shall submit a report to the Secretary that specifies how the head will give preferential consideration under subparagraph
(A).
(2) Technical assistance.--The Secretary may make a Federal point of contact available to each consortium designated as a manufacturing community under subsection (d) to help the members of the consortium access Federal funds and technical assistance.
(3) Financial and technical assistance.--
(A) In general.--Under the Manufacturing Community Support Program, the head of a participating agency may award financial or technical assistance to a member of a consortium designated as a manufacturing community under subsection (d) as he or she considers appropriate for purposes of such program and consistent with the economic development strategy of the consortium.
(B) Use of funds.--
(i) In general.--A recipient of financial or technical assistance under subparagraph (A) may use such financial or technical assistance to support an investment in an ecosystem that will improve the competitiveness of United States manufacturing.
(ii) Investments supported.--Investments supported under this subparagraph may include--
(I) infrastructure;
(II) access to capital;
(III) promotion of exports and foreign direct investment;
(IV) equipment or facility upgrades;
(V) workforce training, retraining, or recruitment and retention, including that of women and underrepresented minorities;
(VI) energy or process efficiency;
(VII) business incubators;
(VIII) site preparation;
(IX) advanced research;
(X) supply chain development; and
(XI) small business assistance.
(4) Coordination.--
(A) Coordination by secretary of commerce.--The Secretary shall coordinate with the heads of the participating agencies to identify programs under paragraph (1)(C).
(B) Inter-agency coordination.--The heads of the participating agencies shall coordinate with each other--
(i) to leverage complementary activities, including from non-Federal sources, such as philanthropies; and
(ii) to avoid duplication of efforts.
(f) Receipt of Transferred Funds.--The Secretary may accept amounts transferred to the Secretary from the head of another participating agency to carry out this section.
______
SA 802. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT THAT MILITARY ACTIONS ARE
NOT INFLUENCED BY FINANCIAL OR BENEFICIAL
INTERESTS HELD BY THE PRESIDENT.
The United States Armed Forces may not take any military action in any country in which the President or the President's close relatives (immediate family, including spouse, children, and sons- and-daughters-in-law) have assets or businesses in which they hold an ownership interest, financial interest, or beneficial interest unless the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff jointly certify to Congress that the proposed military action is not influenced in any way by any financial or beneficial interest held by the President.
______
SA 803. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EMOLUMENT CLAUSE VIOLATIONS.
(a) Findings.--Congress makes the following findings:
(1) Article I, section 9, clause 8 of the United States Constitution (commonly known as the ``Emoluments Clause'') declares, ``No title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.''.
(2) According to the remarks of Governor Edmund Randolph at the 1787 Constitutional Convention, the Emoluments Clause
``was thought proper, in order to exclude corruption and foreign influence, to prohibit any one in office from receiving or holding any emoluments from foreign states''.
(3) The issue of foreign corruption greatly concerned the Founding Fathers of the United States, such that Alexander Hamilton in Federalist No. 22 wrote, ``In republics, persons elevated from the mass of the community, by the suffrages of their fellow-citizens, to stations of great pre-eminence and power, may find compensations for betraying their trust, which, to any but minds animated and guided by superior virtue, may appear to exceed the proportion of interest they have in the common stock, and to overbalance the obligations of duty. Hence it is that history furnishes us with so many mortifying examples of the prevalency of foreign corruption in republican governments.''.
(4) The President of the United States is the head of the executive branch of the Federal Government and is expected to have undivided loyalty to the United States, and clearly occupies an ``office of profit or trust'' within the meaning of article I, section 9, clause 8 of the Constitution, according to the Office of Legal Counsel of the Department of Justice.
(5) The Office of Legal Counsel of the Department of Justice opined in 2009 that corporations owned or controlled by a foreign government are presumptively foreign states under the Emoluments Clause.
(6) President Donald J. Trump has a business network, the Trump Organization, that has financial interests around the world and negotiates and concludes transactions with foreign states and entities that are extensions of foreign states.
(7) The very nature of a ``blind trust'', as defined by former White House Ethics Counsels Richard Painter and Norm Eisen in an opinion piece in the Washington Post entitled,
``Trump's `blind trust' is neither blind nor trustworthy'', dated November 15, 2016, and the Congressional Research Service report ``The Use of Blind Trusts By Federal Officials'', is such that the official will have no control over, will receive no communications about, and will have no knowledge of the identity of the specific assets held in the trust, and that the manager of the trust is independent of the owner.
(8) On January 11, 2017, President-elect Donald J. Trump and his lawyers held a press conference to announce that he would be placing his assets in a trust and turning over management of the Trump Organization to his two adult sons, Donald Trump, Jr., and Eric Trump, and executive Allen Weisselberg; that there will be no communication with President Trump and no new overseas business deals; that an ethics advisor will be appointed to the management team to fully vet any new proposed domestic deals; and that the Trump Organization will donate any profits from any foreign governments that use Trump hotels to the Department of the Treasury.
(9) This arrangement is not sufficient because of its utter lack of independent accountability and transparency, such that the director of the Office of Government Ethics has stated that ``[t]he plan the [President] has announced doesn't meet the standards that the best of his nominees are meeting and that every president in the last four decades have met''.
(10) The director of the Office of Government Ethics has characterized the promise to limit President Trump's direct communication about the Trump Organization as ``wholly inadequate'' because President Trump would still be well-aware of the specific assets held and could receive communications about and take actions to affect the value of those assets, especially when those running the business are his own children, whom Trump will see often.
(11) The promise that no new overseas business deals will be agreed to by the Trump Organization fails to explain what constitutes a deal, and whether expansions to existing properties, licensing or permitting fee agreements, or loans from foreign banks like Deutsche Bank AG would qualify as
``deals''.
(12) The promise that the Trump Organization will donate profits from any foreign governments that use Trump hotels does not include Trump golf courses and other properties; does not explain whether the promise covers foreign government officials who register under their own names or third-party vendors hired by foreign governments to do business with the Trump Organization; does not explain whether foreign organizations signing tenant agreements with domestic Trump businesses, such as the Industrial and Commercial Bank of China, which is Trump Tower's biggest tenant, qualifies; does not define what constitutes
``profits''; does not address the fact that revenue received by a failing business still provides value to that business even if there is no net profit; and has no mechanism for the public to verify that the promise is being fulfilled.
(13) President Trump's lawyer claimed that ``it would be impossible to find an institutional trustee that would be competent to run the Trump Organization'' when there are dozens if not hundreds of highly qualified trustees who handle complicated business situations like the disposition of the Trump Organization.
(14) At the January 11, 2017, press conference, President-elect Trump's lawyer implied that the only reason people have raised the Emoluments Clause is over ``routine business transactions like paying for hotel rooms'' and claimed that
``[p]aying for a hotel room is not a gift or a present, and it has nothing to do with an office. It's not an emolument.''.
(15) A comprehensive study of the Emoluments Clause written by Richard Painter, Norman Eisen, and Lawrence Tribe, two of whom are former ethics counsels to past Presidents, has concluded that ``since emoluments are properly defined as including `profit' from any employment, as well as `salary,' it is clear that even remuneration fairly earned in commerce can qualify''.
(16) Numerous legal and constitutional experts, including several former White House ethics counsels, have also made clear that the arrangement announced on January 11, 2017, in which the President fails to exit the ownership of his businesses through use of a blind trust or equivalent, will leave the President with a personal financial interest in businesses that collect foreign government payments and benefits, which raises both constitutional and public interest concerns.
(17) Presidents Ronald Reagan, George H.W. Bush, William J. Clinton, and George W. Bush have set the precedent of using true blind trusts, in which their holdings were liquidated and placed in new investments unknown to them by an independent trustee who managed them free of familial bias.
(18) The continued intermingling of the business of the Trump Organization and the work of government has the potential to constitute the foreign corruption so feared by the Founding Fathers and to betray the trust of America's citizens.
(19) On January 20, 2017, President Trump swore an oath to preserve, protect, and defend the Constitution of the United States, the rights, privileges and limitations of which are defined and guarded by the Federal judiciary of the United States.
(20) Congress has an institutional, constitutional obligation to ensure that the President of the United States does not violate the Emoluments Clause of the Constitution, Federal law, or fundamental principles of ethics, and is discharging the obligations of office based on the national interest, not based on personal interest.
(b) Sense of Congress.--Congress--
(1) finds the promised actions outlined by President Donald J. Trump at his January 11, 2017, press conference wholly inadequate and insufficient to ensure compliance with the Emoluments Clause of the United States Constitution;
(2) calls upon President Trump to follow the precedent established by prior Presidents and convert his assets to simple, conflict-free holdings, adopt blind trusts managed by an independent trustee with no relationship to Donald J. Trump or his businesses, or take other equivalent measures;
(3) calls upon President Trump not to use the powers or opportunities of his position as President of the United States for any purpose related to the Trump Organization; and
(4) regards, in the absence of express affirmative authorization by Congress, dealings that Donald J. Trump, as President of the United States, may have through his companies with foreign governments or entities owned or controlled by foreign governments as potential violations of the Emoluments Clause.
______
SA 804. Mrs. FISCHER (for herself and Mr. Donnelly) submitted an amendment intended to be proposed by her to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
In section 1651(c), strike paragraph (2).
______
SA 805. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
On page 85, between lines 23 and 24, insert the following:
``(7)(A) The base commander of a military installation impacted by a proposed wind turbine project shall submit to the Clearinghouse a statement of objection or non-objection regarding the impact of proposed project.
``(B) The statement shall include the following elements:
``(i) An analysis of the impact on pilot safety, training, military operations, and readiness.
``(ii) A detailed description of any potential negative impacts on pilot safety, training, military operations, and readiness.
``(iii) Any additional information the base commander determines relevant for consideration in the evaluation process.
``(iv) A statement of objection or non-objection.
``(C) The base commander's recommendation shall be incorporated into the Clearinghouse analysis and made a matter of permanent record.
``(D) Any decision by the Clearinghouse that contradicts the base commander recommendation shall be accompanied by a report addressing all the points made in the base commander's statement, and describe how the impacts on pilot safety, training, military operations, and readiness will be prevented.''.
______
SA 806. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the following:
SEC. 2803. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS
APPLICABLE TO UNSPECIFIED MINOR MILITARY
CONSTRUCTION AUTHORITIES.
Section 2805 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(f) Adjustment of Dollar Limitations for Location.--Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project inside the United States to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project.''.
______
SA 807. Mr. GARDNER (for Mrs. Shaheen) proposed an amendment to the bill S. 920, to establish a National Clinical Care Commission; as follows:
On page 5, line 12, strike ``and''.
On page 5, line 20, strike the period and insert ``; and''.
On page 5, between lines 20 and 21, insert the following:
(5) whether there are opportunities for consolidation of inappropriately overlapping or duplicative Federal programs related to the diseases and complications described in subsection (a).
______
SA 809. Mr. McCONNELL proposed an amendment to amendment SA 808 proposed by Mr. McConnell to the bill H.R. 601, to enhance the transparency and accelerate the impact of assistance provided under the Foreign Assistance Act of 1961 to promote quality basic education in developing countries, to better enable such countries to achieve universal access to quality basic education and improved learning outcomes, to eliminate duplication and waste, and for other purposes; as follows:
At the end add the following:
``This act shall be effective 1 day after enactment.''
______
SA 808. Mr. McCONNELL proposed an amendment to the bill H.R. 601, to enhance the transparency and accelerate the impact of assistance provided under the Foreign Assistance Act of 1961 to promote quality basic education in developing countries, to better enable such countries to achieve universal access to quality basic education and improved learning outcomes, to eliminate duplication and waste, and for other purposes; as follows:
In lieu of the matter proposed to be inserted by House amendment __, insert the following:
(C) there is the greatest opportunity to reduce childhood and adolescence exposure to or engagement in violent extremism or extremist ideologies.
DIVISION B--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF
REQUIREMENTS
The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2017, and for other purposes, namely:
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief fund
For an additional amount for ``Disaster Relief Fund'' for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $7,400,000,000, to remain available until expended:
Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the amount designated under this heading as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress.
SMALL BUSINESS ADMINISTRATION
disaster loans program account
(including transfer of funds)
For an additional amount for the ``Disaster Loans Program Account'' for the cost of direct loans authorized by section 7(b) of the Small Business Act, $450,000,000, to remain available until expended: Provided, That up to $225,000,000 may be transferred to and merged with ``Salaries and Expenses'' for administrative expenses to carry out the disaster loan program authorized by section 7(b) of the Small Business Act: Provided further, That none of the funds provided under this heading may be used for indirect administrative expenses: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the amount designated under this heading as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'', $7,400,000,000, to remain available until expended, for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared in 2017 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to the State or unit of general local government at the discretion of the Secretary: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That prior to the obligation of funds a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306): Provided further, That a State or subdivision thereof may use up to 5 percent of its allocation for administrative costs: Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That the Secretary shall publish via notice in the Federal Register any waiver, or alternative requirement, to any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That of the amounts made available under this heading, up to
$10,000,000 may be transferred, in aggregate, to ``Department of Housing and Urban Development--Program Office Salaries and Expenses--Community Planning and Development'' for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the amount designated under this heading as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress.
This division may be cited as the ``Supplemental Appropriations for Disaster Relief Requirements, 2017''.
DIVISION C--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
Sec. 101. (a) In General.--Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of enactment of this Act and ending on December 8, 2017.
(b) Special Rule Relating to Obligations Issued During Extension Period.--Effective on December 9, 2017, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that--
(1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on December 9, 2017, exceeds
(2) the face amount of such obligations outstanding on the date of the enactment of this Act.
(c) Restoring Congressional Authority Over the National Debt. (1) Extension limited to necessary obligations.--An obligation shall not be taken into account under section 101(a) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before December 9, 2017.
(2) Prohibition on creation of cash reserve during extension period.--The Secretary of the Treasury shall not issue obligations during the period specified in section 101(a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period.
DIVISION D--CONTINUING APPROPRIATIONS ACT, 2018
The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2018, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2017 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2017, and for which appropriations, funds, or other authority were made available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017
(division A of Public Law 115-31) and section 193 of Public Law 114-223, as amended by division A of Public Law 114-254.
(2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 (division B of Public Law 115-31), except section 540.
(3) The Department of Defense Appropriations Act, 2017
(division C of Public Law 115-31).
(4) The Energy and Water Development and Related Agencies Appropriations Act, 2017 (division D of Public Law 115-31).
(5) The Financial Services and General Government Appropriations Act, 2017 (division E of Public Law 115-31).
(6) The Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115-31), except section 310.
(7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017 (division G of Public Law 115-31), except that the language under the heading ``FLAME Wildfire Suppression Reserve Fund'' in the Departments of Agriculture and the Interior shall be applied by adding at the end the following: ``Provided further, That notwithstanding the first proviso under the heading and notwithstanding the FLAME Act of 2009, 43 U.S.C. 1748a(e), such funds shall be available to be transferred to and merged with other appropriations accounts to fully repay amounts previously transferred for wildfire suppression''.
(8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017
(division H of Public Law 115-31) and sections 171, 194, and 195 of Public Law 114-223, as amended by division A of Public Law 114-254.
(9) The Legislative Branch Appropriations Act, 2017
(division I of Public Law 115-31) and section 175 of Public Law 114-223, as amended by division A of Public Law 114-254.
(10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 (division A of Public Law 114-223), except for appropriations for fiscal year 2017 in the matter preceding the first proviso under the heading ``Medical Community Care'', and division L of Public Law 115-31.
(11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115-31).
(12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 (division K of Public Law 115-31), except sections 420 and 421.
(13) The Security Assistance Appropriations Act, 2017
(division B of Public Law 114-254).
(b) The rate for operations provided by subsection (a) is hereby reduced by 0.6791 percent.
Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2017 or prior years;
(2) the increase in production rates above those sustained with fiscal year 2017 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P-1 line item in a budget activity within an appropriation account and an R-1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2017.
(b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2017.
Sec. 105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2018, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs:
(1) the enactment into law of an appropriation for any project or activity provided for in this Act;
(2) the enactment into law of the applicable appropriations Act for fiscal year 2018 without any provision for such project or activity; or
(3) December 8, 2017.
Sec. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2018 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2017, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2017, to be continued through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2017 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2017, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of such Act or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) The reduction in section 101(b) of this Act shall not apply to--
(1) amounts designated under subsection (a) of this section;
(2) amounts made available by section 101(a) by reference to the second paragraph under the heading ``Social Security Administration--Limitation on Administrative Expenses'' in division H of Public Law 115-31; or
(3) amounts made available by section 101(a) by reference to the paragraph under the heading ``Centers for Medicare and Medicaid Services--Health Care Fraud and Abuse Control Account'' in division H of Public Law 115-31.
(c) Section 6 of Public Law 115-31 shall apply to amounts designated in subsection (a) for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement.
Sec. 115. During the period covered by this Act, discretionary amounts appropriated for fiscal year 2018 that were provided in advance by appropriations Acts shall be available in the amounts provided in such Acts, reduced by the percentage in section 101(b).
Sec. 116. Notwithstanding section 101, amounts are provided for ``Department of Agriculture--Domestic Food Programs--Food and Nutrition Service--Commodity Assistance Program'' at a rate for operations of $317,139,000, of which
$238,120,000 shall be for the Commodity Supplemental Food Program.
Sec. 117. The final proviso in section 715 of division A of Public Law 115-31 shall be applied during the period covered by this Act by adding ``from amounts first made available for fiscal year 2018'' after ``unobligated balances'' and as if the following were struck from such proviso: ``the carryover amounts authorized in the first proviso of this section for section 32 and''.
Sec. 118. Amounts made available by section 101 for
``Department of Commerce--Bureau of the Census--Periodic Censuses and Programs'' may be apportioned up to the rate for operations necessary to maintain the schedule and deliver the required data according to statutory deadlines in the 2020 Decennial Census Program.
Sec. 119. Section 1215(f)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 113 note), as most recently amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), shall be applied by substituting
``2018'' for ``2017'' through the earlier of the date specified in section 106(3) of this Act or the date of the enactment of an Act authorizing appropriations for fiscal year 2018 for military activities of the Department of Defense.
Sec. 120. (a) Funds made available by section 101 for
``Department of Energy--Energy Programs--Uranium Enrichment Decontamination and Decommissioning Fund'' may be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities funded in this appropriation.
(b) The Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 3 days after each use of the authority provided in subsection (a).
Sec. 121. Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting the date specified in section 106(3) for ``September 30, 2017''.
Sec. 122. (a) Notwithstanding section 101, the third proviso under the heading ``Power Marketing Administrations--Operation and Maintenance, Southeastern Power Administration'' in division D of Public Law 115-31 shall be applied by substituting ``$51,000,000'' for ``$60,760,000''.
(b) Notwithstanding section 101, the third proviso under the heading ``Power Marketing Administrations--Operation and Maintenance, Southwestern Power Administration'' in division D of Public Law 115-31 shall be applied by substituting
``$10,000,000'' for ``$73,000,000''.
(c) Notwithstanding section 101, the third proviso under the heading ``Power Marketing Administrations--Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration'' in division D of Public Law 115-31 shall be applied by substituting ``$179,000,000'' for
``$367,009,000''.
Sec. 123. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds under the heading ``District of Columbia Funds'' for such programs and activities under the District of Columbia Appropriations Act, 2017 (title IV of division E of Public Law 115-31) at the rate set forth under ``Part A--Summary of Expenses'' as included in the Fiscal Year 2018 Local Budget Act of 2017 (D.C. Act 22-99), as modified as of the date of the enactment of this Act.
Sec. 124. (a) Notwithstanding section 101, amounts are provided for ``General Services Administration--Allowances and Office Staff for Former Presidents'' to carry out the provisions of the Act of August 25, 1958 (3 U.S.C. 102 note), at a rate for operations of $4,754,000.
(b) Notwithstanding section 101, no funds are provided by this Act for ``General Services Administration--Expenses, Presidential Transition'' and ``Executive Office of the President and Funds Appropriated to the President--Presidential Transition Administrative Support''.
(c) Notwithstanding section 101, the matter preceding the first proviso under the heading ``District of Columbia--Federal Payment for Emergency Planning and Security Costs in the District of Columbia'' in division E of Public Law 115-31 shall be applied by substituting ``$14,900,000'' for
``$34,895,000'' and the first proviso under that heading shall not apply during the period covered by this Act.
(d) Notwithstanding section 101, the matter preceding the first proviso under the heading ``National Archives and Records Administration--Operating Expenses'' in division E of Public Law 115-31 shall be applied by substituting
``$375,784,000'' for ``$380,634,000''.
(e) Notwithstanding section 101, the matter preceding the first proviso under the heading ``Department of the Interior--National Park Service--Operation of the National Park System'' in division G of Public Law 115-31 shall be applied by substituting ``$2,420,818,000'' for
``$2,425,018,000''.
Sec. 125. Amounts made available by section 101 for
``Department of Homeland Security--Office of the Secretary and Executive Management--Operations and Support'',
``Department of Homeland Security--Management Directorate--Operations and Support'', and ``Department of Homeland Security--Intelligence, Analysis, and Operations Coordination--Operations and Support'' may be apportioned up to the rate for operations necessary to carry out activities previously funded under ``Department of Homeland Security--Working Capital Fund'', consistent with the fiscal year 2018 President's Budget.
Sec. 126. Amounts made available by section 101 for ``U.S. Customs and Border Protection--Operations and Support'',
``U.S. Immigration and Customs Enforcement--Operations and Support'', ``Transportation Security Administration--Operations and Support'', and ``United States Secret Service--Operations and Support'' accounts of the Department of Homeland Security may be apportioned at a rate for operations necessary to maintain not less than the number of staff achieved on September 30, 2017.
Sec. 127. The authority provided by section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 128. Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111-281; 124 Stat. 2950), as amended, shall be applied in subsection (b) by substituting the date specified in section 106(3) for ``September 30, 2017''.
Sec. 129. Amounts made available by section 101 for
``Department of Homeland Security--Federal Emergency Management Agency--Disaster Relief Fund'' may be apportioned up to the rate for operations necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
Sec. 130. Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2017''.
Sec. 131. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2018'' and inserting ``September 30, 2019''.
Sec. 132. The authority provided by subsection (m)(3) of section 8162 of the Department of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 133. In addition to the amounts otherwise provided by section 101, an additional amount is provided for
``Environmental Protection Agency--Water Infrastructure Finance and Innovation Program Account'' for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, at a rate for operations of $3,000,000.
Sec. 134. (a) The following sections of the Federal Insecticide, Fungicide, and Rodenticide Act shall continue in effect through the date specified in section 106(3) of this joint resolution--
(1) subparagraphs (C) through (E) of section 4(i)(1) (7 U.S.C. 136a-1(i)(1)(C)-(E));
(2) section 4(k)(3) (7 U.S.C. 136a-1(k)(3));
(3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and
(4) section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
(b)(1) Section 4(i)(1)(I) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(1)(I)) shall be applied by substituting the date specified in section 106(3) of this joint resolution for ``September 30, 2017''.
(2) Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w-8(m)(1)) shall be applied by substituting the date specified in section 106(3) of this joint resolution for ``September 30, 2017''.
(c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting the date specified in section 106(3) of this joint resolution for ``September 30, 2017''.
Sec. 135. Section 114(f) of the Higher Education Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by substituting the date specified in section 106(3) of this Act for
``September 30, 2017''.
Sec. 136. The second proviso under the heading
``Department of Health and Human Services--Administration for Children and Families--Children and Families Services Programs'' in title II of division H of Public Law 115-31 shall be applied during the period covered by this Act as if the following were struck from such proviso: ``, of which
$80,000,000 shall be available for a cost of living adjustment notwithstanding section 640(a)(3)(A) of such Act''.
Sec. 137. The proviso at the end of paragraph (1) under the heading ``Department of Labor--Employment and Training Administration--State Unemployment Insurance and Employment Service Operations'' in title I of division G of Public Law 113-235 shall be applied through the date specified in section 106(3) of this Act by substituting ``seven'' for
``six''.
Sec. 138. In making Federal financial assistance, the National Institutes of Health shall continue through the date specified in section 106(3) of this Act to apply the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, to the same extent and in the same manner as the National Institutes of Health applied such provisions in the third quarter of fiscal year 2017. None of the funds appropriated in this Act may be used to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in such quarter.
Sec. 139. (a) Section 529 of division H of Public Law 115-31 shall be applied by substituting ``prior to the beginning of fiscal year 2018 under section 2104(n)(2)'' for ``from the appropriation to the Fund for the first semiannual allotment period for fiscal year 2017 under section 2104(n)(2)(A)(ii)''; and
(b) section 532 of division H of Public Law 115-31 shall be applied by substituting ``2,652,000,000'' for
``1,132,000,000''.
Sec. 140. Notwithstanding 2 U.S.C. 4577, amounts made available by section 101 for ``Legislative Branch--Senate--Salaries, Officers and Employees--Office of the Sergeant at Arms and Doorkeeper'' may be apportioned up to the rate for operations necessary to maintain current Senate cybersecurity capabilities.
Sec. 141. (a) The remaining unobligated balances of funds made available under the heading ``Department of Veterans Affairs--Departmental Administration--Construction, Major Projects'' in division A of the Disaster Relief Appropriations Act of 2013 and Sandy Recovery Improvement Act of 2013 (Public Law 113-2) are hereby rescinded: Provided, That the amounts rescinded pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to that section of that Act.
(b) In addition to the amount otherwise provided by section 101 for ``Department of Veterans Affairs--Departmental Administration--Construction, Major Projects'', there is appropriated for an additional amount for fiscal year 2017, to remain available until September 30, 2022, an amount equal to the unobligated balances rescinded pursuant to subsection
(a), for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(c) Each amount designated in this section by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.
(d) This section shall become effective immediately upon enactment of this Act.
Sec. 142. Sections 579(a)(1) and (b) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) shall be applied by substituting the date specified in section 106(3) for ``October 1, 2017''.
This division may be cited as the ``Continuing Appropriations Act, 2018''.
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