[Congressional Record Volume 164, Number 50 (Thursday, March 22, 2018)]
[House]
[Pages H2045-H2695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPLANATORY STATEMENT SUBMITTED BY MR. FRELINGHUYSEN, CHAIRMAN OF THE
HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO
SENATE AMENDMENT ON H.R. 1625
The following is an explanation of the Consolidated
Appropriations Act, 2018.
This Act includes 12 regular appropriations bills for
fiscal year 2018. The divisions contained in the Act are as
follows:
Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2018
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2018
Division C--Department of Defense Appropriations
Act, 2018
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2018
Division E--Financial Services and General
Government Appropriations Act, 2018
Division F--Department of Homeland Security
Appropriations Act, 2018
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2018
Division H--Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2018
Division I--Legislative Branch Appropriations Act,
2018
Division J--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2018
Division M--Extensions
Division N--BUILD ACT
Division O--Wildfire Suppression Funding and
Forest Management Activities Act
Division P--Ray Baum's Act of 2018
Division Q--Kevin and Avonte's Law
Division R--TARGET Act (This is the original
subject matter of H.R. 1625.)
Division S--Other Matter
Division T--Revenue Provisions
Division U--Tax Technical Corrections
Division V--CLOUD Act
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act states that this explanatory statement
shall have the same effect with respect to the allocation of
funds and implementation of this legislation as if it were a
joint explanatory statement of a committee of conference.
Section 5 of the Act provides a statement of
appropriations.
Section 6 of the Act states that each amount designated by
Congress as being for Overseas Contingency Operations/Global
War on Terrorism (OCO/GWOT) is contingent on the President so
designating all such OCO/GWOT amounts and transmitting such
designations to Congress. The provision is consistent with
the requirements in the Budget Control Act of 2011.
Section 7 of the Act addresses salaries and compensation
rates and provides for a death gratuity.
The Act does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
by clause 9 of rule XXI of the Rules of the House of
Representatives.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
CONGRESSIONAL DIRECTIVES
The explanatory statement is silent on provisions that were
in both the House Report (H. Rpt. 115-232) and Senate Report
(S. Rpt. 115-131) that remain unchanged by this agreement,
except as noted in this explanatory statement.
The agreement restates that executive branch wishes cannot
substitute for Congress's own statements as to the best
evidence of congressional intentions, which are the official
reports of the Congress. The agreement further points out
that funds in this Act must be used for the purposes for
which appropriated, as required by section 1301 of title 31
of the United States Code, which provides: ``Appropriations
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by
law.''
The House and Senate report language that is not changed by
the explanatory statement is approved and indicates
congressional intentions. The explanatory statement, while
repeating some report language for emphasis, does not intend
to negate the language referred to above unless expressly
provided herein.
In cases in which the House or the Senate have directed the
submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations no
later than 60 days after enactment of this Act, unless
otherwise directed.
Hereafter, in division A of this statement, the term the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this agreement
are reminded that the Committees use the definitions for
transfer, reprogramming, and program, project, and activity
as defined by the Government Accountability Office (GAO) in
GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP
Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2018, accompanying Committee
reports, explanatory statements, the Statement of Managers,
and budget justifications. Program activity structures are
intended to provide a meaningful representation of the
operations financed by a specific budget account by project,
activity, or organization.
For fiscal year 2018, the Committees continue to include
bill language requiring advanced notification of certain
agency actions. Notification will be required at least
[[Page H2046]]
30 days in advance of any action if (1) a major capital
investment is modified; (2) an office is realigned or
reorganized; and (3) activities are carried out that were not
described in the budget request.
The agreement directs the Office of Budget and Program
Analysis (OBPA) of the U.S. Department of Agriculture (USDA)
to provide an organizational chart for each agency funded by
this Act to the division and subdivision level, as
appropriate, by May 1, 2018. The agreement also directs the
Food and Drug Administration (FDA), the Commodity Futures
Trading Commission (CFTC), and the Farm Credit Administration
(FCA) to provide an organizational chart of each agency
respectively to the division and subdivision level, as
appropriate, by May 1, 2018.
Further, USDA, CFTC, and FDA should be mindful of
Congressional authority to determine and set final funding
levels for fiscal year 2019. Therefore, the agencies should
not presuppose program funding outcomes and prematurely
initiate action to redirect staffing prior to knowing final
outcomes on fiscal year 2019 program funding. The agreement
directs OBPA to provide the Committees with the number of
staff years and employees on board for each agency funded by
this Act on a quarterly basis.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $46,532,000 for the Office of the
Secretary.
The agreement directs the Secretary to provide the report
on the Commodity Credit Corporation in H. Rpt. 115-232 under
this heading on May 16, 2018 and November 15, 2018.
The agreement recognizes the Department has statutory
authorities and programs designed to help break the multi-
generational trap of poverty in rural counties and supports
USDA's utilization of existing programs and funding within
Rural Development (RD) and the Food and Nutrition Service
(FNS) in order to assist families, create jobs, and develop a
path towards self-sufficiency. Other existing resources such
as the extension service and public universities can be used
for coordination and outreach activities. The Committees
still await the detailed plan required to be submitted by the
Secretary detailing all funding resources and bundled
services to combat rural poverty.
The agreement includes $600,000,000 for a rural broadband
pilot program to assist in further closing the digital
divide. Lack of adequate broadband is an impediment to rural
economic development, and deployment of broadband service
yields a multitude of socio-economic benefits including:
economic growth, improved educational opportunities, and
increased access to healthcare options. The agreement
reiterates that funding should be prioritized to areas
currently lacking access to broadband service, and
investments in broadband shall consider any technology that
best serves the goals of broadband expansion. Lastly, the
agreement restates the importance of coordination among
federal agencies in expanding broadband deployment and
adoption and expects the Department to take caution to
maximize these limited resources and not overbuild or
duplicate existing broadband capable infrastructure.
The agreement acknowledges that the United States
Department of Homeland Security (DHS) will continue to be
responsible for the construction of the National Bio and
Agro-Defense Facility (NBAF). The agreement provides an
additional $4,000,000 to USDA to support operational
activities of the NBAF.
In addition to $10,000,000 in mandatory funding available
to assist socially disadvantaged and veteran farmers and
ranchers, the agreement includes an additional $3,000,000 in
discretionary funding for these activities.
It was the intent of Congress that the Secretary consider
the views of all producers who suffered losses related to the
consequences of Hurricanes Harvey, Irma, Maria, and other
hurricanes and wildfires occurring in calendar year 2017 in
determining eligibility for assistance provided in Title I of
Public Law No: 115-123.
The agreement provides an additional $500,000,000 for Water
and Waste grants and loans to address infrastructure needs in
Rural America, and directs the Secretary to prioritize
communities that have the greatest infrastructure needs.
On February 3, 2017, USDA restricted the public's access to
the search tool for the Animal Care Inspection System, saying
it needed to conduct a comprehensive review of the
information on its website. USDA is now posting heavily
redacted inspection reports that make it difficult in certain
cases for the public to understand the subject of the
inspection, assess USDA's subsequent actions, and to evaluate
the effectiveness of its enforcement. USDA's actions to date
do not meet the requirements in H. Rpt. 115-232 that the
online searchable database should allow analysis and
comparison of data and include all inspection reports, annual
reports, and other documents related to enforcement of animal
welfare laws. USDA is directed to comply with these
requirements and is reminded that as part of its oversight
responsibilities, Congress has the right to make any inquiry
it wishes into litigation in which USDA is involved. USDA is
directed to respond to any such inquiries fully.
The following table reflects the agreement:
OFFICE OF THE SECRETARY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $5,051
Assistant to the Secretary for Rural Development........... 800
Office of Homeland Security................................ 1,496
Office of Partnerships and Public Engagement \1\........... 4,711
Office of Assistant Secretary for Administration........... 804
Departmental Administration................................ 22, 301
Office of Assistant Secretary for Congressional Relations.. 3,869
Office of Communications................................... 7,500
------------
Total, Office of the Secretary......................... $46,532
------------------------------------------------------------------------
\1\ Previously the Office of Tribal Relations and Office of Advocacy and
Outreach
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $19,786,000 for the Office of the
Chief Economist. This includes $2,869,000 for the Office of
Pest Management Policy, previously funded through the
Agricultural Research Service.
OFFICE OF HEARINGS AND APPEALS
The agreement provides $15,222,000 for the Office of
Hearings and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $9,525,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $58,950,000 for the Office of the
Chief Information Officer.
Office of the Chief Financial Officer
The agreement provides $6,028,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $901,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $24,206,000 for the Office of Civil
Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $64,414,000 for Agriculture
Buildings and Facilities.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $3,503,000 for Hazardous Materials
Management.
Office of Inspector General
The agreement provides $98,208,000 for the Office of
Inspector General.
Office of the General Counsel
The agreement provides $44,546,000 for the Office of
General Counsel.
The Office of General Counsel (OGC) and the Committees have
had a longstanding tradition of working together to ensure
that legislation is properly drafted and effectuates the
Committees' intent. This greatly benefits the Committees as
well as USDA. OGC is directed to provide such assistance
promptly when requested.
Office of Ethics
The agreement provides $4,136,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $800,000 for the Office of the Under
Secretary for Research, Education, and Economics.
Economic Research Service
The agreement provides $86,757,000 for the Economic
Research Service.
National Agricultural Statistics Service
The agreement provides $191,717,000 for the National
Agricultural Statistics Service (NASS), including up to
$63,350,000 for the Census of Agriculture.
The agreement directs NASS to calculate and report in the
monthly Agricultural Prices Report on the average price of
premium or better alfalfa sold in the United States.
Additionally, NASS should work with the Agricultural
Marketing Service to develop more robust price discovery
mechanisms for alfalfa.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,202,766,000 for the Agricultural
Research Service (ARS), Salaries and Expenses.
The agreement does not accept the President's budget
request regarding the termination of research programs,
redirections of research programs, or closure of research
locations. The agreement expects extramural research to be
funded at no less than the fiscal year 2017 levels. The
agreement provides funding increases for cotton ginning,
alfalfa, small grains genomics, falling wheat, the National
Agricultural Library, the National Arboretum, high
performance computing, pear genetics, sustainable water use,
warmwater aquaculture, poultry, the U.S. Wheat and Barley
Scab Initiative, the Pulse Crop Health Initiative, rangeland
research, floriculture, hops research, oriental fruit fly,
cattle fever tick, UAS precision agriculture, plant and
animal genomic research preservation, sorghum sugarcane
aphid, cranberry and blueberry research, greenhouse research,
molecular potato breeding, whitefly research, and human
nutrition.
The agreement includes no less than the fiscal year 2017
level for ARS to develop the necessary mechanisms to ensure a
viable and qualified scientific workforce is available upon
completion of NBAF. The agreement
[[Page H2047]]
supports implementation of a program to recruit and train
scientists, and other technical positions, focused on
pathology, virology, immunology, entomology, epidemiology,
microbiology, and computational biology for productive USDA
careers at NBAF.
The agreement directs ARS to work with the Animal and Plant
Health Inspection Service (APHIS) and stakeholders to develop
an integrated management program for control of the scale
insect pest infestation that is destroying Roseau cane in the
Mississippi River's Delta region along the Gulf of Mexico.
The whitefly (Bemisia tabaci) epidemic is severely
impacting vegetable and cotton production in the Southeast
U.S., particularly in Georgia, Mississippi and Alabama.
Therefore, the agreement includes $1,250,000 for whitefly
research and directs ARS and the National Institute of Food
and Agriculture (NIFA), in cooperation with land-grant
universities located in the impacted states, to develop and
submit a plan of action which addresses the whitefly problem
to the Committees no later than 90 days after the date of
enactment of this Act.
The agreement supports additional funding for plant disease
research to improve the quality of sugar beet production.
BUILDINGS AND FACILITIES
For ARS Buildings and Facilities, the agreement provides an
appropriation of $140,600,000 for the next highest priorities
identified in the USDA ARS Capital Investment Strategy, April
2012.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $887,171,000 for the National
Institute of Food and Agriculture, Research and Education
Activities.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act.......................... 7 U.S.C. 361a-i....... $243,701
McIntire-Stennis Cooperative 16 U.S.C. 582a through 33,961
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 54,185
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 3,439
Education Grants for 1890 7 U.S.C. 3152(b)...... 19,336
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241......... 9,219
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 3,194
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 3,801
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 5,000
Grant Colleges of Agriculture.
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000
and 3363.
Agriculture and Food Research 7 U.S.C. 450i(b)...... 400,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 8,000
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 2,500
Continuing Animal Health and 7 U.S.C. 3195......... 4,000
Disease Research Program.
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 825
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 9,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 900
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 35,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,000
Sun Grant Program.................. 7 U.S.C. 8114......... 3,000
Alfalfa and Forage Research Program 7 U.S.C. 5925......... 2,250
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(c)...... 11,913
Special Research Grants:........... 7 U.S.C. 450i(c)...... ...........
Global Change/UV Monitoring.... ...................... 1,405
Potato Research................ ...................... 2,500
Aquaculture Research........... ...................... 1,350
Total, Special Research Grants. ...................... 5,255
------------------------------------
Necessary Expenses of Research and
Education Activities:
Grants Management System........... ...................... 7,830
Federal Administration--Other ...................... 11,862
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses.. ...................... 19,692
------------------------------------
Total, Research and ...................... $887,171
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $483,626,000 for the National
Institute of Food and Agriculture, Extension Activities.
The agreement provides $3,000,000 for the Rural Health and
Safety Education Program to address the opioid abuse epidemic
and to combat opioid abuse in rural communities.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $300,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 45,620
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 6,446
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 19,730
Institutions.
Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,060
Rural Health and Safety Education 7 U.S.C. 2662(i)...... 3,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,500
Database Program.
Women and Minorities in STEM Fields 7 U.S.C. 5925......... 400
Food Safety Outreach Program....... 7 U.S.C. 7625......... 7,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 1,000
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d)....... ...........
Food and Nutrition Education... ...................... 67,934
Farm Safety and Youth Farm ...................... 4,610
Safety Education Programs.
New Technologies for ...................... 1,550
Agricultural Extension.
Children, Youth, and Families ...................... 8,395
at Risk.
Federally Recognized Tribes ...................... 3,039
Extension Program.
------------------------------------
Total, Section 3(d)........ ...................... 85,528
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 552
Federal Administration--Other ...................... 7,790
Necessary Expenses for Extension
Activities.
Total, Necessary Expenses.. ...................... 8,342
------------------------------------
Total, Extension Activities ...................... $483,626
------------------------------------------------------------------------
[[Page H2048]]
INTEGRATED ACTIVITIES
The agreement provides $37,000,000 for the National
Institute of Food and Agriculture, Integrated Activities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 5,000
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,000
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 20,000
Program.
------------------------------------
Total, Integrated Activities... ...................... $37,000
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $901,000 for the Office of the Under
Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $981,893,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and
Expenses.
The agreement includes a net increase of $35,681,000 for
high priority initiatives in order to protect the plant and
animal resources of the Nation from pests and diseases. The
agreement provides increases within the total funding level
of: $7,500,000 for Avian Health to help pay for losses due to
low pathogenic avian influenza; $5,000,000 for Cattle Health
in support of the Cattle Fever Tick Eradication Program;
$2,000,000 for Agricultural Quarantine Inspection; $500,000
for Field Crop and Rangeland Ecosystems Pests in order to
control or eradicate pests destroying Roseau cane in wetlands
near the Mississippi River Delta; $11,670,000 for Specialty
Crop Pests, including $5,000,000 for the control or
eradication of the spotted lanternfly and $2,500,000 for
oriental fruit fly port detection; $2,000,000 for Tree and
Wood Pests; $2,000,000 for Animal Welfare; and, $5,000,000
for the Wildlife Damage Management program.
The agreement provides $30,810,000 for the Animal Welfare
program. The agreement directs that APHIS continue its
inspections of registered ARS research facilities to ensure
their adherence to the Animal Welfare Act.
To address the cattle fever tick infestation in South
Texas, the agreement provides an additional $5,000,000 for
all activities under the Cattle Fever Tick Eradication
Program (CFTEP) for research and scientific tools
concentrating on the following: new systematic cattle fever
tick treatment products with longer treatment intervals for
cattle; new cattle fever tick treatment products for
wildlife, especially nilgai antelope; and new or improved
cattle fever tick preventative therapies, such as vaccines,
for both cattle and wildlife hosts. APHIS and ARS are urged
to collaborate with Mexican National Animal Health Officials,
Mexican State Animal Health Officials from the Mexican states
that border Texas, and Mexican livestock and wildlife
industry representatives to develop and implement a fever
tick control or eradication program that will reduce or
eliminate the fever tick population along the Mexican side of
the Rio Grande River, and thus the threat of fever tick
incursion presented by wildlife and livestock populations
across the Rio Grande from the permanent quarantine zone in
Texas.
The agreement includes no less than $3,500,000 for cervid
health activities. Within the funds provided, APHIS should
give consideration to indemnity payments if warranted.
The agreement directs APHIS to complete the requirements
under the Foreign Market Access Requests heading in H.Rpt.
115-232 by July 15, 2018.
The agreement includes a $6,170,000 increase to help states
and producers address the damaging effects of citrus greening
disease within the Specialty Crop Pests program as well as a
one-time increase of $7,500,000 for the Huanglongbing Multi-
Agency Coordination (HLB-MAC) group.
The agreement includes $28,000,000 under Wildlife Damage
Management for national rabies management, surveillance, and
eradication efforts and $2,000,000 for Wildlife Services
education and training. The agreement also provides
$1,600,000 for combatting wildlife depredation to production
aquaculture and an additional $5,000,000 for increased feral
swine surveillance. Additionally, no less than $250,000
should be available for the agency to reduce blackbird
depredation in the Northern Great Plains.
The agreement notes that assessing AQI treatment monitoring
fees on a per-enclosure basis imposes disproportionate
impacts on industry and user groups at certain key ports of
entry, including ports along the southeast United States. The
agreement encourages USDA to conduct a new study that
specifically outlines the actual costs of treatments,
examines the disproportionate impact the fee has on airports
and seaports in different regions of the U.S., and evaluates
alternative and equitable funding mechanisms. Such report
should also incorporate due consideration of the
recommendations of the Treatment Fee Working Group's
September 27, 2016 ``Report to APHIS''. USDA shall brief the
Committees on the status of such study and other efforts to
ensure equitable collection of revenues for vital AQI
treatment monitoring efforts no later than 120 days after
enactment of this Act.
The following table reflects the agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $37,857
Aquatic Animal Health...................................... 2,253
Avian Health............................................... 62,840
Cattle Health.............................................. 96,500
Equine, Cervid & Small Ruminant Health..................... 20,000
National Veterinary Stockpile.............................. 5,725
Swine Health............................................... 24,800
Veterinary Biologics....................................... 16,417
Veterinary Diagnostics..................................... 39,540
Zoonotic Disease Management................................ 16,523
Subtotal, Animal Health................................ 322,455
------------
Agricultural Quarantine Inspection (Appropriated).......... 31,330
Cotton Pests............................................... 11,520
Field Crop & Rangeland Ecosystems Pests.................... 9,326
Pest Detection............................................. 27,446
Plant Protection Methods Development....................... 20,686
Specialty Crop Pests....................................... 178,170
Tree & Wood Pests.......................................... 56,000
Subtotal, Plant Health................................. 334,478
------------
Wildlife Damage Management................................. 108,376
Wildlife Services Methods Development...................... 18,856
Subtotal, Wildlife Services............................ 127,232
------------
Animal & Plant Health Regulatory Enforcement............... 16,224
Biotechnology Regulatory Services.......................... 18,875
Subtotal, Regulatory Services.......................... 35,099
Contingency Fund........................................... 470
Emergency Preparedness & Response.......................... 40,966
Subtotal, Emergency Management......................... 41,436
------------
Agriculture Import/Export.................................. 15,599
Overseas Technical & Trade Operations...................... 22,115
Subtotal, Safe Trade................................... 37,714
------------
Animal Welfare............................................. 30,810
Horse Protection........................................... 705
Subtotal, Animal Welfare............................... 31,515
------------
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,146
Rent and DHS Security Payments............................. 42,567
Subtotal, Agency Management............................ 51,964
------------
Total, Direct Appropriation........................ $981,893
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The agreement provides $151,595,000 for Agricultural
Marketing Service.
The agreement includes $3,000,000 for the Acer Access and
Development Program; $43,482,000 for grain inspection and
packers and stockyards activities; $4,944,000 for U.S.
Warehouse Act activities; and $13,236,000 for international
food procurement.
The agreement provides an increase of $3,000,000 for the
National Organic Program (NOP) and directs the Department to
focus these resources on robust fraud detection and oversight
to ensure the USDA organic seal remains verified and trusted.
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation on administrative
expenses of $61,227,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $20,705,000 for Funds for
Strengthening Markets, Income, and Supply.
The following table reflects the status of this fund for
fiscal year 2018:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)................. $10,370,878
Less Transfers:
Food and Nutrition Service.......................... -8,872,010
Commerce Department................................. -154,868
Total, Transfers................................ -9,026,878
---------------
Prior Year Appropriation Available, Start of Year....... 125,000
Transfer of Prior Year Funds to FNS (F&V)............... -125,000
Budget Authority, Farm Bill..................... 1,344,000
---------------
Rescission of Current Year Funds........................ - - -
Appropriations Temporarily Reduced--Sequestration....... -77,418
Unavailable for Obligations (F&V Transfer to FNS)....... - - -
[[Page H2049]]
Budget Authority, Appropriations Act............ 1,266,582
---------------
Less Obligations:....................................... - - -
Child Nutrition Programs (Entitlement Commodities).. 465,000
State Option Contract............................... 5,000
Removal of Defective Commodities.................... 2,500
Emergency Surplus Removal........................... - - -
Disaster Relief..................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases... 206,000
Fresh Fruit and Vegetable Program................... 172,000
Estimated Future Needs.............................. 354,524
Total, Commodity Procurement........................ 1,210,024
---------------
Administrative Funds:
Commodity Purchase Support.......................... 35,853
Marketing Agreements and Orders..................... 20,705
Total, Administrative Funds..................... 56,558
---------------
Total Obligations........................... $1,266,582
---------------
Unobligated Balance, End of the Year.................... - - -
Unavailable for Obligations (F&V Transfer to FNS) - - -
Balances, Collections, and Recoveries Not Available..... - - -
Total, End of Year Balances................. - - -
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The agreement provides $1,235,000 for Payments to States
and Possessions.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The agreement includes a limitation on inspection and
weighing services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The agreement provides $800,000 for the Office of the Under
Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,056,844,000 for the Food Safety
and Inspection Service (FSIS).
The agreement provides $7,500,000 for public health
veterinarian recruitment and retention incentives, and
$8,000,000 to fully implement Siluriformes fish and fish
product inspection.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.................................................... $943,824
State...................................................... 61,682
International.............................................. 16,758
Public Health Data Communications Infrastructure System.... 34,580
------------
Total, Food Safety and Inspection Service.............. $1,056,844
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $901,000 for the Office of the Under
Secretary for Farm Production and Conservation.
Within 90 days of enactment of this Act, USDA is directed
to provide to the Committees and the House and Senate
Agriculture Committees its reorganization and implementation
plans for the new Farm Production and Conservation (FPAC)
Mission Area. The reorganization plan should include any
cost-benefit analysis, workforce and staffing assessment, and
customer service assessments. The implementation plan shall
include projected budget and staffing trends for the agencies
and business center. --The Department shall also provide a
detailed spending plan for the FY 2019 budget request to
transfer to the FPAC Business Center $60,228,000 appropriated
pursuant to 16 U.S.C. 3841(a). Thereafter, the Department is
directed to provide quarterly staffing reports for the FPAC
agencies.
Farm Production and Conservation Business Center
The agreement provides $1,028,000 for the Farm Production
and Conservation Business Center.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,202,146,000 for Farm Service
Agency, Salaries and Expenses. Included in this amount is
$6,850,000 for reports and analytics for field operations;
$1,776,000 for National Agriculture Imagery Program;
$5,000,000 for Oriental Fruit Fly as referenced in H. Rpt.
115-232; and $6,315,000 for rent.
The following table reflects the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,202,146
Transfer from P.L. 480................................. 149
Transfer from export loans............................. 2,463
Transfer from ACIF..................................... 314,998
------------
Total, FSA Salaries and expenses................... $1,519,756
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $3,904,000 for State Mediation
Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The agreement provides $6,500,000 for the Grassroots Source
Water Protection Program.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $500,000 for the Dairy Indemnity
Program.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $8,000,000 for the hiring of
additional farm loan officers to meet program demand.
The following table reflects the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................. $1,500,000
Guaranteed............................................. 2,750,000
Subtotal, Farm Ownership Loans..................... 4,250,000
------------
Farm Operating Loans:
Direct................................................. 1,530,000
Unsubsidized Guaranteed................................ 1,960,000
Subtotal, Farm Operating Loans..................... 3,490,000
------------
Emergency Loans............................................ 25,610
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans-Guaranteed.............................. 150,000
Indian Highly Fractionated Land............................ 10,000
Boll Weevil Eradication.................................... 60,000
Total, Loan Authorizations......................... 8,005,610
------------
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................. 61,812
Unsubsidized Guaranteed................................ 21,756
Subtotal, Farm Operating Subsidies................. 83,568
------------
Emergency Loans............................................ 1,260
Indian Highly Fractionated Land............................ 2,272
Total, Loan Subsidies.............................. 87,100
------------
ACIF Expenses:
Salaries and Expenses.................................. 314,998
Administrative Expenses................................ 10,070
------------
Total, ACIF Expenses............................... $325,068
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The agreement provides $74,829,000 for the Risk Management
Agency (RMA), Salaries and Expenses.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $874,107,000 for Conservation
Operations.
The agreement provides $9,380,000 for the Snow Survey and
Water Forecasting Program; $9,481,000 for the Plant Materials
Centers; $80,802,000 for the Soil Surveys Program; and
$774,444,000 for Conservation Technical Assistance.
The agreement directs NRCS to provide flexibility to State
Conservation officers in determining human resource needs.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The agreement provides $150,000,000 for Watershed and Flood
Prevention Operations.
WATERSHED REHABILITATION PROGRAM
The agreement provides $10,000,000 for the Watershed
Rehabilitation Program.
CORPORATIONS
Federal Crop Insurance Corporation Fund
The agreement provides an appropriation of such sums as may
be necessary for the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides an appropriation of such sums as may
be necessary for Reimbursement for Net Realized Losses of the
Commodity Credit Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $5,000,000 for
Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $230,835,000 for Rural Development,
Salaries and Expenses.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total subsidy of $483,716,000 for
activities under the Rural Housing Insurance Fund Program
Account.
The agreement notes that the Department has traditionally
had difficulties in effectively delivering housing programs
on tribal lands and directs the Secretary to pursue
innovative ways to address this problem.
The agreement includes a $100,000,000 increase over fiscal
year 2017 in direct rural single family housing loans, from
$1,000,000,000 to $1,100,000,000. The Secretary is encouraged
to prioritize this increase to areas that have recently
experienced natural disasters, including hurricanes and
wildfires.
The following table indicates loan, subsidy, and grant
levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502)...........................
Direct................................................. $1,100,000
Unsubsidized guaranteed................................ 24,000,000
Housing repair (sec. 504).................................. 28,000
Rental housing (sec. 515).................................. 40,000
Multi-family guaranteed (sec. 538)......................... 230,000
Site development loans (sec. 524).......................... 5,000
Credit sales of acquired property.......................... 10,000
Self-help housing land development (sec. 523).............. 5,000
Farm labor housing......................................... 23,855
Total, Loan authorizations......................... $25,441,855
------------
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)...........................
Direct................................................. $42,350
Housing repair (sec. 504).................................. 3,452
Rental housing (sec. 515).................................. 10,524
Farm labor housing (sec. 514).............................. 6,374
Site development loans (sec. 524).......................... 58
Self-help land development (sec. 523)...................... 368
Total, loan subsidies.............................. 63,126
------------
[[Page H2050]]
Farm labor housing grants.................................. 8,336
Total, loan subsidies and grants................... 71,462
------------
Administrative expenses (transfer to RD)................... 412,254
------------
Total, Loan subsidies, grants, and administrative $483,716
expenses..........................................
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,345,293,000 for the Rental
Assistance Program.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
The agreement provides $47,000,000 for the Multi-Family
Housing Revitalization Program Account.
MUTUAL AND SELF-HELP HOUSING GRANTS
The agreement provides $30,000,000 for Mutual and Self-Help
Housing Grants.
RURAL HOUSING ASSISTANCE GRANTS
The agreement provides $40,000,000 for Rural Housing
Assistance Grants.
The following table reflects the grant levels provided by
the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants...................... $30,000
Housing preservation grants................................ 10,000
Total, grant program............................... $40,000
------------------------------------------------------------------------
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $48,627,000 for the Rural Community
Facilities Program Account.
The following table reflects the loan, subsidy, and grant
amounts provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans........................................ $2,800,000
CF guaranteed loans.................................... 148,287
Loan subsidies and grants:
CF guaranteed loans.................................... 4,849
CF grants.............................................. 30,000
Rural Community Development Initiative................. 4,000
Economic Impact Initiative............................. 5,778
Tribal college grants.................................. 4,000
------------
Total, subsidy and grants.......................... $48,627
------------------------------------------------------------------------
Rural Business-Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $77,342,000 for the Rural Business
Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................. $919,765
Loan subsidy and grants:
Business and industry guaranteed loans................. 37,342
Rural business development grants...................... 34,000
Delta Regional Authority and Appalachian Regional 6,000
Commission............................................
------------
Total, Rural Business Program subsidy and grants... $77,342
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $8,829,000 for the Intermediary
Relending Program Fund Account.
The following table reflects the loan and subsidy levels
provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level................................... $18,889
Subsidies and administrative expenses:
Direct loan subsidy level.............................. 4,361
Administrative expenses................................ 4,468
------------
Subtotal, subsidies and administrative expenses.... $8,829
------------------------------------------------------------------------
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
The agreement provides $45,000,000 for the Rural Economic
Development Loans Program Account.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The agreement provides $27,550,000 for Rural Cooperative
Development Grants.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $293,000 for the Rural Energy for
America Program.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $560,263,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans........................... $1,200,000
Water and waste guaranteed loans....................... 50,000
Subsidies and grants:
Direct subsidy......................................... 2,040
Guaranteed loan subsidy................................ 230
Water and waste revolving fund......................... 1,000
Water well system grants............................... 993
Grants for Colonias, Native Americans and Alaska....... 68,000
Water and waste technical assistance grants............ 40,000
Circuit Rider program.................................. 19,000
Solid waste management grants.......................... 4,000
High energy cost grants................................ 10,000
Water and waste disposal grants........................ 400,000
306A(i)(2) grants...................................... 15,000
------------
Total, subsidies and grants........................ $560,263
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $34,133,000 for activities under the
Rural Electrification and Telecommunications Loans Program
Account. The agreement provides for a transfer of $33,270,000
to the Rural Development, Salaries and Expenses account.
The following table indicates loan levels provided by the
agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB........................................ $5,500,000
Guaranteed underwriting............................ 750,000
Subtotal, electric................................. 6,250,000
------------
Telecommunications:
Direct, treasury rate.............................. 345,000
Direct, FFB........................................ 345,000
Subtotal, telecommunications....................... 690,000
Loan subsidy:
Direct, treasury rate.............................. 863
Total, loan authorizations......................... 6,940,000
------------
Administrative expenses............................ 33,270
------------
Total, budget authority............................ $34,133
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $67,000,000 for the Distance
Learning, Telemedicine, and Broadband Program.
The following table indicates loan levels provided by the
agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorization:
Broadband telecommunications........................... $29,851
Total, loan authorization.......................... 29,851
------------
Subsidy and grants:
Distance learning and telemedicine grants.............. 32,000
Broadband telecommunications program:
Direct (treasury rate loans)........................... 5,000
Grants................................................. 30,000
------------
Total, subsidies and grants........................ $67,000
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $800,000 for the Office of the Under
Secretary for Food, Nutrition, and Consumer Services.
Some state contracted electronic benefit transfer (EBT)
processors are charging switching or routing fees in
connection with the routing of SNAP benefits. These fees
require retailers and/or those routing transactions on behalf
of retailers (often referred to as third party processors) to
pay for EBT transaction switching and routing to the State
EBT processor that handles the client EBT account. In
addition, these fees may seek to offset artificially low
cost-per-case-month fees that are bid as part of State
contracts, and therefore adversely affect competition among
existing or new EBT Processors. Therefore, in the interest of
maintaining competitiveness for EBT transaction routing,
Section 750 extends existing statutory prohibitions against
the charging of fees by State contracted EBT processors in
connection with the redemption of USDA domestic food
assistance benefits to include the charging of gateway
switching or routing fees to SNAP authorized retailers or
their third party processors.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
The agreement provides $24,254,139,000 for Child Nutrition
Programs. Included in the total is an appropriated amount of
$15,382,129,000 and a transfer from Section 32 of
$8,872,010,000.
The agreement provides an increase of $5,000,000 for the
Summer Electronic Benefits Transfer for Children
Demonstration and directs USDA to expand the program into new
States and areas.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................... $13,133,155
School breakfast program................................ 4,807,380
Child and adult care food program....................... 3,832,748
Summer food service program............................. 563,817
Special milk program.................................... 8,767
State administrative expenses........................... 297,278
Commodity procurement................................... 1,461,755
Food safety education................................... 2,880
Coordinated review...................................... 10,000
Computer support and processing......................... 11,921
CACFP training and technical assistance................. 13,702
Child Nutrition Program studies and evaluations......... 21,277
Child Nutrition payment accuracy........................ 11,016
Farm to school tactical team............................ 3,439
Team Nutrition.......................................... 15,504
Healthier US Schools Challenge.......................... 1,500
School meals equipment grants........................... 30,000
Summer EBT demonstration................................ 28,000
---------------
Total............................................... $24,254,139
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The agreement provides $6,175,000,000 for the Special
Supplemental Nutrition Program for Women, Infants, and
Children.
The agreement fully funds estimated WIC participation in
fiscal year 2018. The agreement includes $60,000,000 for
breastfeeding
[[Page H2051]]
support initiatives; $14,000,000 for infrastructure; and an
increase of $25,000,000 for the contingency reserve.
The work of the National Academies of Science (NAS) to
review and make recommendations for updating the WIC food
packages to reflect current science and cultural factors is
recognized. The agreement notes, however, that while all
revised packages now allow some fish, the amounts remain low
compared to the recommendations of other authoritative health
agencies. The agreement strongly encourages the Department to
consider the health and cultural benefits of fish consumption
as the NAS recommendations are reviewed and used to inform
the Department's next course of action. The agreement also
strongly encourages the Department to continue to allow
states to submit cultural food package proposals to respond
to the cultural preferences of WIC participants in states
like Alaska.
supplemental nutrition assistance program
The agreement provides $74,013,499,000 for the Supplemental
Nutrition Assistance Program (SNAP).
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits................................................... $63,038,952
Contingency reserve........................................ 3,000,000
Administrative costs:
State administrative costs............................. 4,483,411
Nutrition Education and Obesity Prevention Grant 421,000
Program...............................................
Employment and Training................................ 476,706
Mandatory other program costs.......................... 186,429
Discretionary other program costs...................... 998
Administrative subtotal.................................... 5,568,544
------------
Nutrition Assistance for Puerto Rico (NAP)................. 1,929,646
American Samoa............................................. 7,709
Food Distribution Program on Indian Reservations........... 153,000
TEFAP commodities.......................................... 289,500
Commonwealth of the Northern Mariana Islands............... 12,148
Community Food Projects.................................... 9,000
Program access............................................. 5,000
Subtotal............................................... 2,406,003
------------
Total.............................................. $74,013,499
------------------------------------------------------------------------
commodity assistance program
The agreement provides $322,139,000 for the Commodity
Assistance Program. The agreement includes $238,120,000 for
the Commodity Supplemental Food Program; $18,548,000 for the
Farmers' Market Nutrition Program; and $64,401,000 for the
Emergency Food Assistance Program.
nutrition programs administration
The agreement provides $153,841,000 for Nutrition Programs
Administration. The agreement includes $2,000,000 to continue
the Congressional Hunger Center Fellows Program and
$1,825,000 for decentralized rent and security payments.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement includes $875,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
Office of Codex Alimentarius
The agreement provides $3,796,000 for the Office of Codex
Alimentarius. Funding was previously provided through the
Food Safety and Inspection Service.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
The agreement provides $199,666,000 for the Foreign
Agricultural Service, Salaries and Expenses and a transfer of
$6,382,000.
The agreement includes $3,600,000 for International
Cooperative Administrative Support Services; an increase of
$1,200,000 for the Cochran Fellowship Program; an increase of
$850,000 for Borlaug Fellows Program; and an increase of
$2,160,000 for Country Strategy Support Fund.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $149,000 for administrative expenses
for the Food for Peace Title I Direct Credit and Food for
Progress Program Account to be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,600,000,000 for Food for Peace
Title II Grants. The agreement also includes an additional
one-time increase of $116,000,000, for a total level of
$1,716,000,000.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $207,626,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $8,845,000 for the Commodity Credit
Corporation Export Loans Credit Guarantee Program Account.
TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department Of Health and Human Services
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
The agreement provides specific amounts by Food and Drug
Administration (FDA) activity as reflected in the following
table:
FOOD AND DRUG ADMINISTRATION--SALARIES & EXPENSES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods.................................................. $1,041,615
Center for Food Safety and Applied Nutrition........... 316,106
Field Activities................................... 725,509
Human Drugs............................................ 495,603
Center for Drug Evaluation and Research................ 359,396
Field Activities................................... 136,207
Biologics.............................................. 215,443
Center for Biologics Evaluation and Research........... 174,052
Field Activities................................... 41,391
Animal Drugs and Feeds................................. 172,552
Center for Veterinary Medicine......................... 107,905
Field Activities................................... 64,647
Devices and Radiological Products...................... 330,064
Center for Devices and Radiological Health............. 246,319
Field Activities................................... 83,745
National Center for Toxicological Research................. 63,331
Other Activities/Office of the Commissioner................ 196,275
Office of the Commissioner............................. 56,178
Office of Foods and Veterinary Medicine................ 20,031
Office of Medical and Tobacco Products................. 11,259
Office of Global Regulatory Operations and Policy...... 23,564
Office of Operations................................... 38,015
Office of the Chief Scientist.......................... 30,728
Transfer to the HHS Office of Inspector General........ 1,500
Oncology Center of Excellence.......................... 15,000
White Oak Consolidation.................................... 43,044
Other Rent and Rent Related Activities..................... 71,943
GSA Rent................................................... 170,208
Subtotal, Budget Authority............................. 2,800,078
------------
User Fees:
Prescription Drug User Fee Act......................... 911,346
Medical Device User Fee and Modernization Act.......... 193,291
Human Generic Drug User Fee Act........................ 493,600
Biosimilar User Fee Act................................ 40,214
Animal Drug User Fee Act............................... 18,093
Animal Generic Drug User Fee Act....................... 9,419
Tobacco Product User Fees.............................. 672,000
Subtotal, User Fees................................ 2,337,963
------------
Total, FDA Program Level....................... $5,138,041
------------------------------------------------------------------------
The agreement provides $2,800,078,000 in new discretionary
budget authority and $2,337,963,000 in definite user fees for
a total of $5,138,041,000 for Food and Drug Administration,
Salaries and Expenses. This total does not include permanent,
indefinite user fees for the Mammography Quality Standards
Act; Color Certification; Export Certification; Priority
Review Vouchers Pediatric Disease; Food and Feed Recall; Food
Reinspection; Voluntary Qualified Importer Program; the Third
Party Auditor Program; Outsourcing Facility; and Medical
Countermeasure Priority Review Vouchers. The agreement
expects the FDA to continue all projects, activities,
laboratories, and programs as included in fiscal year 2017
unless otherwise specified.
The agreement includes increases of $1,000,000 to review
botanical drug and dietary supplement interactions; $400,000
to support the Critical Path Initiative; $2,800,000 to
support intramural work and extramural collaborations
necessary to begin developing the appropriate lab methods to
detect evidence of seafood decomposition; $300,000 to help
expedite the clearance at ports and distribution hubs of
critically important medical products; $15,000,000 for the
Oncology Center of Excellence; $10,500,000 to support produce
safety cooperative agreements with states; and $9,700,000 for
the animal drugs and feeds program to manage increased
workloads. The agreement also includes $1,500,000 for the HHS
Office of Inspector General specifically for oversight of FDA
activities, and $1,500,000 for consumer education and
outreach regarding biotechnology.
The agreement includes a one-time increase of $2,500,000 to
assist the agency in obtaining information from medical
specialists and medical specialty groups concerning clinical
use of each of the substances nominated for the list
developed by the FDA of bulk drug substances for which there
is a clinical need (``503B Bulks List''). Additionally, the
agreement directs the FDA to follow congressional intent as
it relates to human drug compounded medicines and the
standards set forth under current Good Manufacturing
Practices (CGMP). Given the need for high quality control and
patient safety, the agency is instructed to prohibit
outsourcing facilities from compounding drug products from
bulk ingredients when outsourcing facilities could otherwise
be compounding from an FDA approved drug product.
The agreement also includes a general provision providing
$94,000,000 for the FDA to expand its efforts related to
addressing the opioid crisis. According to the FDA, there is
an increasing trend in the number of deaths involving
fentanyl, a synthetic opioid, being used in combination with
other drugs, including cocaine, heroin, and methamphetamine.
A significant amount of illicit fentanyl is entering the
country as part of the hundreds of millions of parcels that
come through International Mail Facilities (IMF) annually.
This funding will allow the FDA to strategically strengthen
the agency's presence at IMFs to increase its overall
operational capacity to inspect more incoming packages.
Specifically, this funding is for the FDA to purchase
equipment and information
[[Page H2052]]
technology to identify unapproved and counterfeit
pharmaceuticals, and to upgrade laboratory facilities used in
this effort. Additionally, funding is provided to better
identify and target firms and organizations importing into
the United States; increase the staff inspecting packages and
to increase the number of packages they are inspecting;
increase criminal investigation resources; and increase staff
and equipment to efficiently screen imported products.
Additionally, the agreement encourages the FDA to continue
implementing the Opioid Action Plan to determine how changes
in opioid packaging, distribution, and medication disposal
procedures can help mitigate the national opioid crisis,
including working to support ongoing efforts at the state and
regional level.
The agreement notes that the FDA has not finalized the rule
to extend the compliance date for manufacturers for the
Nutrition Facts Label Final Rule and the Serving Size Final
Rule, which is causing significant confusion and market
disruptions, and directs the agency to finalize the rule
before July 26, 2018. Further, the agreement directs the
agency to issue its conclusions on the status of pending
dietary fiber ingredients expeditiously.
The agreement directs the FDA to make the report on Tobacco
Product User Fees described in H. Rpt. 115-232 publicly
available on its website within 60 days of enactment of the
Act.
The agreement notes that the FDA initiated studies
concerning glass products for injectable products and directs
the FDA to evaluate the agency's study data and any other
appropriate available data and report back to the Committees
within 45 days on whether it plans to update the 2011
Advisory to reflect recent science.
Concerns remain about the FDA's ability to meet its legal
obligation to protect trade secrets and confidential
commercial information the agency obtains from its regulated
industries. FDA is overdue in providing a detailed
description of its systems to ensure protection of such
information and is directed to provide this plan within 60
days of enactment of this Act.
The agreement fully supports the requirement for all
covered facilities to have food defense plans but concerns
have been raised that the final rule entitled ``Mitigation
Strategies to Protect Food Against Intentional
Adulteration,'' dated May 27, 2016 (81 Fed. Reg. 34165) is
overly prescriptive, costly, and inconsistent with current
successful practices that have been used to protect the
nation's food supply. In order to address the fundamental
concerns with the final rule, the agreement urges the Agency
to consider providing more time for further collaborative
dialogue with stakeholders.
BUILDINGS AND FACILITIES
The agreement provides $11,788,000 for the Food and Drug
Administration Buildings and Facilities.
FDA Innovation Account, Cures Act
The agreement provides $60,000,000 for the FDA as
authorized in the 21st Century Cures Act.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
The agreement provides $249,000,000 for the CFTC, of which
$48,000,000 is for the purchase of information technology and
of which $2,700,000 is for the Office of Inspector General
(OIG). Of this amount for OIG, not less than $350,000 should
be for overhead expenses.
The agreement directs the CFTC to submit, within 30 days of
enactment, a detailed spending plan for the allocation of the
funds made available, displayed by discrete program, project,
and activity, including staffing projections, specifying both
FTEs and contractors, and planned investments in information
technology.
The agreement hereby restates the language under the
headings Swap Dealer de Minimis and Internal Risk Management
Transactions in H.Rpt.115-232.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $70,600,000 on
administrative expenses of the Farm Credit Administration.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The agreement includes language regarding
motor vehicles.
Section 702.--The agreement includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The agreement includes language limiting
funding provided in the bill to one year unless otherwise
specified.
Section 704.--The agreement includes language regarding
nonprofit institutions.
Section 705.--The agreement includes language regarding
Rural Development programs.
Section 706.--The agreement includes language regarding
information technology systems.
Section 707.--The agreement includes language regarding
conservation programs.
Section 708.--The agreement includes language regarding
Rural Utilities Service program eligibility.
Section 709.--The agreement includes language regarding
funds for information technology expenses.
Section 710.--The agreement includes language prohibiting
first-class airline travel.
Section 711.--The agreement includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The agreement includes language regarding
funding for advisory committees.
Section 713.--The agreement includes language regarding
NIFA grants.
Section 714.--The agreement includes language regarding IT
system regulations.
Section 715.--The agreement includes language regarding
Section 32 activities.
Section 716.--The agreement includes language regarding
user fee proposals without offsets.
Section 717.--The agreement includes language regarding the
reprogramming of funds and notification requirements.
Section 718.--The agreement includes language regarding
fees for the guaranteed business and industry loan program.
Section 719.--The agreement includes language regarding the
appropriations hearing process.
Section 720.--The agreement includes language regarding
government-sponsored news stories.
Section 721.--The agreement includes language regarding
details and assignments of Department of Agriculture
employees.
Section 722.--The agreement includes language regarding FDA
Working Capital Fund.
Section 723.--The agreement includes language requiring
spend plans.
Section 724.--The agreement includes language regarding the
special supplemental nutrition program.
Section 725.--The agreement includes language regarding
Rural Development programs.
Section 726.--The agreement includes language regarding
USDA loan programs.
Section 727.--The agreement includes language regarding the
Working Capital Fund.
Section 728.--The agreement includes language regarding
SNAP variety.
Section 729.--The agreement includes language regarding
industrial hemp.
Section 730.--The agreement includes language regarding the
Agriculture and Food Research Initiative.
Section 731.--The agreement includes language regarding
tree assistance programs.
Section 732.--The agreement includes language regarding
housing loan programs.
Section 733.--The agreement includes language regarding
consumer information.
Section 734.--The agreement includes language regarding
tissue regulation.
Section 735.--The agreement includes language regarding
animal feed.
Section 736.--The agreement includes language regarding
Food for Peace.
Section 737.--The agreement includes language regarding
geographically disadvantaged farmers.
Section 738.--The agreement includes language regarding FDA
regulation.
Section 739.--The agreement includes language regarding
loan refinancing.
Section 740.--- The agreement includes language regarding
nutrition research.
Section 741.--The agreement includes language regarding
Rural Development programs.
Section 742.--The agreement includes language regarding
agricultural trade.
Section 743.--The agreement includes language regarding
conservation programs.
Section 744.--The agreement includes language regarding
animal welfare.
Section 745.--The agreement includes language regarding the
Water Bank Act.
Section 746.--The agreement includes language regarding
domestic preference.
Section 747.--The agreement includes language regarding
Rural Development programs.
Section 748.--The agreement includes language regarding
Rural Development program assistance.
Section 749.--The agreement includes language regarding
family housing programs.
Section 750.--The agreement includes language regarding
domestic food assistance program fees.
Section 751.--The agreement includes language regarding
lobbying.
Section 752.--The agreement includes language regarding the
Agriculture Risk Coverage program.
Section 753.--The agreement includes language regarding the
National Institute of Food and Agriculture.
Section 754.--The agreement includes language regarding
housing programs.
Section 755.--The agreement includes language regarding
child nutrition programs.
Section 756.--The agreement includes language regarding
purchases made through child nutrition programs.
Section 757.--The agreement includes language regarding
potable water supplies.
Section 758.--The agreement includes language regarding
lending fees.
Section 759.--The agreement includes language regarding
rural poverty.
Section 760.--The agreement includes language regarding
poultry regulations.
Section 761.--The agreement includes language regarding
watershed and flood prevention.
Section 762.--The agreement includes language regarding
Food for Peace.
Section 763.--The agreement includes language regarding
Farm to School programs.
Section 764.--The agreement includes language regarding
sodium reduction.
Section 765.--The agreement includes language regarding
flood assistance.
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Section 766.--The agreement includes language regarding
conservation programs.
Section 767.--The agreement includes language regarding
hardwood trees.
Section 768.--The agreement includes language regarding
school lunch programs.
Section 769.--The agreement includes language regarding
Rural Development programs.
Section 770.--The agreement includes language regarding
genetically altered salmon.
Section 771.--The agreement includes language regarding
citrus greening.
Section 772.--The agreement includes language regarding
farm production and conservation programs.
Section 773.--The agreement includes language regarding
grape varietals.
Section 774.--The agreement includes language regarding
grain inspection.
Section 775.--The agreement includes language regarding
telemedicine and distance learning.
Section 776.--The agreement includes language regarding
school lunch programs.
Section 777.--The agreement includes language regarding
veterans programs.
Section 778.--The agreement includes language regarding
opioids.
Section 779.--The agreement includes language regarding
broadband programs.
Section 780.--The agreement includes language regarding
water and waste programs.
Section 781.--The agreement includes language regarding
grant notifications.
Section 782.--The agreement includes language regarding
horse inspection activities.
Section 783.--The agreement includes language regarding a
limitation of funds.
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DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
Report language included in House Report 115-231 (``the
House report'') or Senate Report 115-139 (``the Senate
report'') that is not changed by this explanatory statement
or this Act is approved. The explanatory statement, while
repeating some language for emphasis, is not intended to
negate the language referred to above unless expressly
provided herein. In cases where both the House report and the
Senate report address a particular issue not specifically
addressed in the explanatory statement, the House report and
the Senate report should be read as consistent and are to be
interpreted accordingly. In cases where the House report or
the Senate report directs the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement, and shall not reallocate resources or
reorganize activities except as provided herein.
Reprogramming procedures shall apply to: funds provided in
this Act; unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in
fiscal year 2018; and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2018. These procedures are specified in section
505 of this Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project or activity cited in this statement, or in the House
report or the Senate report and not changed by this Act or
statement, shall be construed as the position of the Congress
and shall not be subject to reductions or reprogramming
without prior approval of the Committees. Further, any
department or agency funded in this Act that plans a
reduction-in-force shall notify the Committees by letter no
later than 30 days in advance of the date of any such planned
personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile
the differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2018, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 532 of this Act, each department
and agency funded in this Act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after enactment of
this Act.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
This Act includes $495,000,000 in total resources for the
International Trade Administration. This amount is offset by
$13,000,000 in estimated fee collections, resulting in a
direct appropriation of $482,000,000. The agreement provides
$87,500,000 for Enforcement and Compliance and no less than
the fiscal year 2017 amount for Global Markets. The agreement
adopts the Senate report language regarding SelectUSA.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
This Act includes $113,500,000 for the Bureau of Industry
and Security.
Economic Development Administration
This Act includes $301,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA). Section 523 of this Act includes a
rescission of $10,000,000 in Economic Development Assistance
Program balances. The funds shall be derived from recoveries
and unobligated grant funds that were not appropriated with
emergency or disaster relief designations.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
This Act includes $262,500,000 for Economic Development
Assistance Programs. Funds are to be distributed as follows;
any deviation of funds shall be subject to the procedures set
forth in section 505 of this Act:
------------------------------------------------------------------------
------------------------------------------------------------------------
Public Works......................................... $117,500,000
Partnership Planning................................. 33,000,000
Technical Assistance................................. 9,500,000
Research and Evaluation.............................. 1,500,000
Trade Adjustment Assistance.......................... 13,000,000
Economic Adjustment Assistance....................... 37,000,000
Assistance to Coal Communities....................... 30,000,000
Section 27 Regional Innovation Program Grants........ 21,000,000
------------------
Total............................................ $262,500,000
------------------------------------------------------------------------
Job Losses from Nuclear Power Plant Closures.--As noted in
Senate Report 114-239, recent closures of nuclear power
plants throughout the United States have had a negative
impact on the economic foundations of surrounding
communities, and there is potential for additional plant
closures in the coming years. EDA can serve an integral role
in assisting communities as nuclear plant closures affect the
economic landscape of surrounding areas. To that end, EDA is
directed to report to the Committees within 90 days of
enactment of this Act on its work to help identify and
develop best practices to assist communities affected by loss
of tax revenue and job loss due to nuclear power plant
closures.
Broadband projects.--EDA funding provided under Public
Works, Economic Adjustment Assistance, and other programs may
be used to support broadband infrastructure projects. High
speed broadband is critical to help communities attract new
industries and strengthen and grow local economies. EDA is
encouraged to prioritize unserved areas. EDA shall submit a
report to the Committees within 30 days of the end of fiscal
year 2018 describing the number and value of broadband
projects supported with fiscal year 2018 funds.
SALARIES AND EXPENSES
This Act includes $39,000,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
This Act includes $39,000,000 for the Minority Business
Development Agency (MBDA). In lieu of House language
regarding external funding, the agreement directs that not
less than 50 percent of funds provided to MBDA shall be
awarded through competitive agreements, external awards, and
grants.
Economic and Statistical Analysis
SALARIES AND EXPENSES
This Act includes $99,000,000 for Economic and Statistical
Analysis. The agreement does not adopt the proposed
reorganization of the Economics and Statistics Administration
(ESA). Senate report language is adopted by reference.
Bureau of the Census
This Act includes $2,814,000,000 for the Bureau of the
Census.
CURRENT SURVEYS AND PROGRAMS
This Act includes $270,000,000 for the Current Surveys and
Programs account of the Bureau of the Census.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
This Act includes $2,544,000,000 for the Periodic Censuses
and Programs account of the Bureau of the Census.
In October 2017, the Secretary of Commerce delivered a new
life-cycle cost estimate for the 2020 Decennial Census
totaling $15,625,000,000. In addition to reliance on a new,
independent cost estimate (ICE), the Secretary's estimate
includes additional assumptions to enhance the robustness and
reliability of the program. For example, the new estimate
assumes the need for additional in-person follow-up visits
due to fewer households initially responding to the Census.
The Secretary also requested a funding contingency to address
any problems not anticipated by the ICE.
Approximately 70 percent of the costs of the 2020 Census
will be incurred in fiscal year 2019 and fiscal year 2020. In
order to ensure Census has the necessary resources to
immediately address any issues discovered during the 2018
End-To-End Test, and to provide a smoother transition between
fiscal year 2018 and fiscal year 2019, this agreement
provides half of the amount needed for the 2020 Census for
those fiscal years and includes the 2018 contingency amount
of $50,000,000 requested by the Secretary. These resources
will also allow the Bureau of the Census to move forward with
the timely execution of its 2020 Decennial Census
communications and partnerships program to improve response
rates and enhance trust in the Census. The Census Bureau is
directed to ensure that its fiscal year 2018 partnership and
communications activities in support of the 2020 Census are
conducted at a level of effort and staffing no less than that
conducted during fiscal year 2008 in preparation for the 2010
Decennial Census. The Census Bureau is further directed to
provide the Committees with notification 15 days before any
spending it intends to incur in fiscal year 2018 that is
above the amounts included in the October 2017 life-cycle
cost estimate for fiscal year 2018.
The agreement modifies House and Senate language requiring
the Census Bureau to furnish certain information to the
Committees and the Government Accountability Office (GAO).
The Census Bureau shall provide this information no later
than 60 days after enactment of this Act. Additionally, the
Census Bureau shall include information on the number of open
information technology (IT) security plans of actions and
milestones for all 2020 Census systems and infrastructure,
categorized by whether the underlying weakness or
vulnerability is considered critical, high, moderate, or low
risk, including a list of those plans of actions and
milestones that are not scheduled to be closed within six
months.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
This Act includes $39,500,000 for the salaries and expenses
of the National Telecommunications and Information
Administration (NTIA).
[[Page H2085]]
------------------------------------------------------------------------
------------------------------------------------------------------------
Domestic and International Policy.................... $8,000,000
Spectrum Management.................................. $7,600,000
Advanced Communications Research..................... $8,200,000
Broadband Programs................................... $8,200,000
National Broadband Map Augmentation.................. $7,500,000
------------------
Total............................................ $39,500,000
------------------------------------------------------------------------
Broadband.--The agreement provides $7,500,000 to update the
national broadband availability map in coordination with the
Federal Communications Commission (FCC), which updated its
map in February 2018 using Form 477 filing data. The funding
provided does not constitute a new program to fund the
primary data collection of broadband availability or
subscription data, nor is it for funding specific data
collection activities by States or third parties. Instead,
NTIA should use this funding to acquire and display available
third-party data sets to the extent it is able to negotiate
its inclusion in existing efforts to augment data from the
FCC, other Federal government agencies, State government, and
the private sector. NTIA shall not duplicate FCC's efforts.
The updated map will help identify regions with insufficient
service, especially in rural areas.
First Responder Network Authority (FirstNet).--NTIA is
encouraged to place equal priority on the rural deployment of
the Nationwide Public Safety Broadband Network to that of
urban communities.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
This Act includes language making available to the United
States Patent and Trademark Office (USPTO) $3,500,000,000,
the full amount of offsetting fee collections estimated for
fiscal year 2018 by the Congressional Budget Office.
Asset Disposals.--The agreement notes that the Patent and
Trademark Office, like all of the Department of Commerce, is
subject to the asset disposal notifications in section 103,
requiring agencies to provide at least 15 days advance notice
of the disposal of any capital asset not specifically
provided for in this Act or other law appropriating funds for
the Department of Commerce. As this Act provides for no
disposals, the Patent and Trademark Office shall inform the
Committees of any capital asset disposal that meets the
definition established in section 103.
National Institute of Standards and Technology
This Act includes $1,198,500,000 for the National Institute
of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
This Act provides $724,500,000 for NIST's Scientific and
Technical Research and Services (STRS) account. The agreement
rejects the proposed terminations and reductions for all STRS
programs and provides not less than fiscal year 2017 funding
for: Advanced Networks, Connected Systems, and Data Science;
Advanced Materials Manufacturing; Biological Science and
Health Measurements; Corporate Services; Environmental
Measurements; the Office of Special Programs; Quantum
Science; Resilience and Structural Engineering; Semiconductor
and Microelectronic Measurements; Standards Coordination
Office; Time and Fundamental Measurement Dissemination; and
User Facilities. The Senate report language regarding
cybersecurity and the National Cybersecurity Center of
Excellence (NCCoE) is adopted by reference and NCCoE is
provided not less than $33,000,000. Additionally, the
agreement adopts Senate report language regarding forensic
sciences.
Disaster Resilient Buildings.--Senate language regarding
disaster resilient buildings is not adopted. Instead, within
funding provided for Disaster Resilient Buildings, NIST is
directed to provide no less than $5,000,000 for competitive
external awards. NIST shall be responsive to all grant
applicants, including acknowledging receipt of applications,
providing feedback to any unsuccessful applicants who request
further information, and giving adequate notice of the
timeline for announcing awards.
Nano-structured materials.--The agreement modifies House
language regarding nano-structured materials to specify that
the report shall be due no later than six months after
enactment of this Act.
Industrial Technology Services
This Act includes $155,000,000 in total for Industrial
Technology Services, including $140,000,000 for the Hollings
Manufacturing Extension Partnership and $15,000,000 for the
National Network for Manufacturing Innovation, to include
funding for center establishment and up to $5,000,000 for
coordination activities.
Manufacturing USA Coordination.--The agreement provides no
more than $5,000,000 for NIST's coordination role for all
Manufacturing USA institutes across the Federal government.
This amount equals NIST's fiscal year 2018 request for this
activity. Not later than 60 days after enactment of this Act,
NIST shall provide the Committees a report detailing the
funding breakout for coordination activities for
Manufacturing USA for the last three fiscal years. The report
shall address how coordination funding is separate from
direct funding provided for Manufacturing USA institutes, or
whether there is any overlap.
CONSTRUCTION OF RESEARCH FACILITIES
This Act includes $319,000,000 for Construction of Research
Facilities.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
This Act includes a total program level of $3,697,831,000
under this account for the coastal, fisheries, marine,
weather, satellite and other programs of the National Oceanic
and Atmospheric Administration (NOAA). This total funding
level includes $3,536,331,000 in direct appropriations; a
transfer of $144,000,000 from balances in the ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'' fund; and $17,500,000 derived from recoveries of
prior year obligations.
The agreement does not include section 553 of the House
bill regarding the National Ocean Policy. No funding was
provided in fiscal year 2017, and none was requested by any
agencies funded in this Act in fiscal year 2018, to implement
the National Ocean Policy. Consequently, no funds for
National Ocean Policy activities are included for any agency
funded in this Act.
Weather Research and Forecasting Innovation Act of 2017.--
This agreement is consistent with Public Law 115-25, the
Weather Research and Forecasting Innovation Act of 2017.
Funding is provided for NOAA to improve weather data,
modeling, computing, forecast infrastructure, and warnings to
allow the agency to develop more accurate, timely, and
effective warnings and forecasts of weather events that
endanger life and property.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--$561,187,000 is for the National
Ocean Service.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $154,161
Integrated Ocean Observing System Regional 35,000
Observations.......................................
Hydrographic Survey Priorities/Contracts............ 30,000
-----------------
Navigation, Observations and Positioning.............. 219,161
=================
Coastal Science and Assessment
Coastal Science, Assessment, Response and 75,422
Restoration........................................
Competitive External Research....................... 13,000
-----------------
Coastal Science and Assessment........................ 88,422
=================
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 42,500
Coastal Zone Management Grants...................... 75,000
Title IX Fund....................................... 30,000
Coral Reef Program.................................. 26,604
Sanctuaries and Marine Protected Areas.............. 54,500
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National Estuarine Research Reserve System.......... 25,000
-----------------
Ocean and Coastal Management and Services............. 253,604
=================
Total, National Ocean Service, Operations, Research, $561,187
and Facilities.......................................
------------------------------------------------------------------------
Title IX Fund.--In lieu of Regional Coastal Resilience
Grants, the agreement provides $30,000,000 for Title IX Fund
grants to meet the goals of the Regional Coastal Resilience
Grants, as authorized under section 906(c) of Title IX of
Public Law 114-113. NOAA shall administer this program in
accordance with 16 U.S.C. 7505(b) and 3701, for collaborative
partnerships that incorporate non-Federal matching funds with
a priority on supporting authorized activities not otherwise
funded within this Act, and direct costs shall not exceed 5
percent. NOAA shall retain oversight and accounting of this
funding.
Harmful Algal Blooms (HABs).--The agreement provides
additional funding for NOAA to address HABs, and House and
Senate language is adopted in full regarding concern for the
impacts of harmful algal blooms and direction for NOAA to
prioritize its most promising research and technological
developments to forecast and mitigate HABs in both marine and
freshwater habitats.
Geospatial Modeling Grants.--The agreement adopts the
Senate language in full for the external award of geospatial
modeling grants.
National Marine Fisheries Service (NMFS).--$882,957,000 is
for NMFS Operations, Research, and Facilities.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles and Other Species....... $113,342
Species Recovery Grants............................. 7,000
Atlantic Salmon..................................... 6,224
Pacific Salmon...................................... 63,000
-----------------
Protected Resources Science and Management............ 189,566
=================
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and 144,196
Services...........................................
Fisheries Data Collections, Surveys and Assessments. 164,749
Observers and Training.............................. 53,955
Fisheries Management Programs and Services.......... 118,659
Aquaculture......................................... 15,000
Salmon Management Activities........................ 35,500
Regional Councils and Fisheries Commissions......... 35,871
Interjurisdictional Fisheries Grants................ 3,004
-----------------
Fisheries Science and Management...................... 570,934
=================
Enforcement........................................... 69,073
=================
Habitat Conservation and Restoration.................. 53,384
=================
Total, National Marine Fisheries Service, Operations, $882,957
Research, and Facilities.............................
------------------------------------------------------------------------
Northeast Multispecies Fishery.--The Senate language
pertaining to the Northeast Multispecies Fishery is adopted.
In lieu of Section 537 of the Senate bill, the agreement
provides an additional $10,300,000 within Observers and
Training to fully fund the cost of At-Sea Monitors in the New
England groundfish fishery, including sea and shore side
infrastructure costs. NOAA's current assessment is that
$20,000,000 covers Standardized Bycatch Reporting Methodology
requirements, and NOAA believes that up to $2,500,000 is
needed to fully fund the At-Sea Monitoring costs, for a total
of $22,500,000, which is provided. NOAA is directed to fully
fund the At-Sea Monitoring costs. It is noted that NOAA has
estimated the additional costs of fully funding these
activities to be anywhere from $850,000 to $10,300,000. That
variation in range is unacceptable. The spending plan
submitted under section 505 of this Act shall include a final
amount needed to fully fund At-Sea Monitoring.
Fishery Science Centers.--The agreement does not include
section 548 of the House bill regarding the relocation of
NOAA fishery science centers. No funding was requested, and
no funding is provided in this Act to permanently relocate
any such centers during fiscal year 2018.
Gulf of Mexico Red Snapper.--House and Senate language
regarding red snapper assessments in the Gulf of Mexico is
adopted, and up to $10,000,000 within Fisheries Data
Collections, Surveys and Assessments shall be available for
carrying out such purposes.
Pacific Salmon Treaty.--The agreement adopts the Senate
recommended funding level to continue negotiations and
implement necessary Pacific Salmon Treaty agreements.
Fishery Management Council Fund Report.--The agreement
expands the reporting requirement in the Senate report to
include all Fishery Management Councils. NOAA shall work with
the Committees and the Councils to establish the appropriate
scope and format for this report.
Atlantic Striped Bass.--The Atlantic States Marine Fishery
Commission is completing a new stock assessment of Atlantic
Striped Bass in 2018. After this assessment is complete, the
Secretary of Commerce is directed to use this assessment to
review the Federal moratorium on Atlantic Striped Bass.
Block Island Transit Zone.--NOAA, in consultation with the
Atlantic States Marine Fisheries Commission, is directed to
consider lifting the ban on striped bass fishing in the
Federal Block Island Transit Zone.
Illegal, Unregulated, and Unreported (IUU) Fishing.--The
agreement adopts Senate language regarding IUU fishing, and
provides an additional $1,200,000 under Fisheries Management
Programs and Services to implement the program described in
section 539 of this Act.
Office of Oceanic and Atmospheric Research (OAR).--
$507,519,000 is for OAR Operations, Research, and Facilities.
[[Page H2087]]
OFFICE of OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $60,000
Regional Climate Data and Information............... 38,000
Climate Competitive Research, Sustained Observations 60,000
and Regional Information...........................
-----------------
Climate Research...................................... 158,000
=================
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 85,758
U.S. Weather Research Program....................... 13,136
Tornado Severe Storm Research/Phased Array Radar.... 12,622
Joint Technology Transfer Initiative................ 20,000
-----------------
Weather and Air Chemistry Research.................... 131,516
=================
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 36,000
National Sea Grant College Program.................. 65,000
Marine Aquaculture Program.......................... 11,500
Ocean Exploration and Research...................... 36,500
Integrated Ocean Acidification...................... 11,000
Sustained Ocean Observations and Monitoring......... 42,823
Ocean Joint Technology Transfer Initiative.......... 3,000
-----------------
Ocean, Coastal and Great Lakes Research............... 205,823
=================
High Performance Computing Initiatives................ 12,180
=================
Total, Office of Oceanic and Atmospheric Research, $507,519
Operations, Research, and Facilities.................
------------------------------------------------------------------------
Remote Sensing for Snowpack and Soil Moisture.--In lieu of
Senate language, direction is provided for this activity
under National Weather Service, Science and Technology
Integration.
National Weather Service (NWS).--$1,014,119,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations.......................................... $224,363
Central Processing.................................... 92,790
Analyze, Forecast and Support......................... 503,938
Dissemination......................................... 50,028
Science and Technology Integration.................... 143,000
=================
Total, National Weather Service, Operations, Research, $1,014,119
and Facilities.......................................
------------------------------------------------------------------------
Quarterly Briefings.--Continuous reports of management and
staffing challenges across the NWS are unacceptable. NOAA and
the Department of Commerce are directed to ensure that the
NWS fulfills its critical mission to protect the lives and
property of our nation's citizens. The agreement adopts
Senate language regarding NWS vacancies and the fiscal year
2018 spend plan, but clarifies that this plan should
distinguish between funded and unfunded vacancies.
Additionally, NOAA shall provide quarterly briefings to the
Committees on all NWS management and budget issues, to
include: a list of funded vacancies, by type and location,
including the length of time the positions have been vacant;
the Program, Project, or Activity (PPA) from which each
vacancy is funded, and the plan for addressing each vacancy;
an update on the implementation of the Operations and
Workforce Analysis; budget execution by PPA; major
procurements; and other topics as appropriate. Additionally,
in the fiscal year 2020 President's Budget submission for
NWS, the Department of Commerce shall document the funded
position vacancy rate and lapse assumptions built into the
budget request by PPA.
Hydrology and Water Resource Programs.--In addition to
Senate language regarding the National Water Center, and in
lieu of Senate language under OAR, the agreement provides an
additional $6,000,000 for NWS, in coordination with OAR, to
collaborate with external academic partners to improve fine
and large-scale measurements of snow depth and soil moisture
data that can be used to expand and improve the National
Water Model and contribute directly to the mission of NOAA's
National Water Center. The agreement reiterates Senate
language recognizing the success of research-to-operations
efforts and external partnerships.
Facilities Maintenance.--The agreement provides $16,000,000
for the National Weather Service's highest priority
facilities repair and deferred maintenance requirements at
Weather Forecast Offices (WFOs). NWS has nearly completed its
nationwide facilities condition assessment, and has a
comprehensive analysis of conditions, itemized deferred
maintenance list, and projected lifecycle costs for NOAA's
network of WFOs. There is concern that current conditions and
deferred maintenance items include issues that may
significantly affect operational readiness, service delivery,
or occupant safety. Thirty days prior to obligating any of
these additional facilities repair and deferred maintenance
funds, NWS shall submit a report providing the following
information: (1) a prioritized list of NWS deferred
facilities maintenance needs, based on the facilities
condition assessment, including an explanation of how such
list was prioritized; (2) an estimate of the total amount and
composition of deferred facilities maintenance, including an
explanation of how such estimate was developed; and (3) an
explanation of how NWS maintains information on, and manages,
its deferred maintenance needs and activities.
National Environmental Satellite, Data and Information
Service.--$240,872,000 is for National Environmental
Satellite, Data and Information Service Operations, Research,
and Facilities.
[[Page H2088]]
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Satellite and Product Operations............ -------$145,730--
=================
Product Development, Readiness and Application........ 31,000
=================
Commercial Remote Sensing Regulatory Affairs........ 1,800
Office of Space Commerce............................ 1,200
Group on Earth Observations......................... 500
-----------------
Environmental Satellite Observing Systems............. 180,230
=================
National Centers for Environmental Information........ 60,642
=================
Total, National Environmental Satellite, Data and $240,872
Information Service, Operations, Research, and
Facilities...........................................
------------------------------------------------------------------------
Mission Support.--$265,816,000 is for Mission Support.
MISSION SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support
Executive Leadership................................ $27,078
Mission Services and Management..................... 141,988
IT Security......................................... 10,050
Payment to DOC Working Capital Fund................. 58,700
-----------------
Mission Support Services.............................. 237,816
=================
Office of Education
BWET Regional Programs.............................. 7,500
Education Partnership Program/Minority Serving 15,500
Institutions.......................................
NOAA Education Program Base......................... 5,000
-----------------
Office of Education................................... 28,000
=================
Total, Mission Support, Operations, Research and $265,816
Facilities...........................................
------------------------------------------------------------------------
Recoveries.--NOAA is expected to source the funding derived
from the recoveries of prior year obligations from the
recoveries of prior year obligations.
Technical Transfers.--The agreement adopts the proposed
technical transfers for the Western Regional Center and the
David Skaggs Research Center and provides the full funding
for these transfers in the appropriate line office budget
lines.
Working Capital Fund.--The agreement provides the full
requested amount for NOAA's payment to the Department of
Commerce's Working Capital Fund, and directs the Department
to submit to the Committees at the end of the fiscal year a
full accounting of the services provided.
Office of Marine and Aviation Operations (OMAO).--
$225,361,000 is for OMAO Operations, Research, and
Facilities.
OFFICE of MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... $191,129
Aviation Operations and Aircraft Services........... 34,232
=================
Total, Office of Marine and Aviation Operations....... $225,361
------------------------------------------------------------------------
Fleet Deferred Maintenance.--The agreement provides
$10,000,000 above the request in OMAO's Operations, Research
and Facilities account, and $11,500,000 above the request in
OMAO's Procurement, Acquisition and Construction account to
address deferred maintenance of NOAA's fleet. Within 60 days
of enactment of this Act NOAA shall brief the Committees on
its vessel maintenance requirements, OMAO's maintenance
program, and NOAA's plan to develop a long range maintenance
strategy for its fleet.
Feasibility of Monitoring Atmospheric Rivers.--Senate
report language requiring a report regarding the feasibility
and potential benefit of using airborne assets to monitor
Atmospheric Rivers is retained.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
This Act includes a total program level of $2,303,684,000
in direct obligations for NOAA Procurement, Acquisition and
Construction (PAC), of which $2,290,684,000 is appropriated
from the general fund and $13,000,000 is derived from
recoveries of prior year obligations. The following narrative
and table identify the specific activities and funding levels
included in this Act:
[[Page H2089]]
PROCUREMENT, ACQUISITION and CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
National Estuarine Research Reserve Construction.... $1,900
Marine Sanctuaries Construction..................... 2,000
-----------------
Total, National Ocean Service - PAC................... 3,900
=================
Office of Oceanic and Atmospheric Research
Research Supercomputing/CCRI...................... 41,000
=================
National Weather Service
Observations...................................... 32,953
Central Processing................................ 66,761
Dissemination..................................... 34,619
-----------------
Subtotal, National Weather Service, Systems 134,333
Acquisition........................................
-----------------
Weather Forecast Office Construction.............. 8,650
-----------------
Total, National Weather Service - PAC................. 142,983
=================
National Environmental Satellite, Data and Information
Service
GOES R............................................ 518,532
Space Weather Follow-on........................... 8,545
Joint Polar Satellite System (JPSS)............... 775,777
Polar Follow-on................................... 419,000
CDARS............................................. 21,650
COSMIC 2/GNSS RO.................................. 6,100
Satellite Ground Services......................... 57,325
System Architecture and Advanced Planning......... 4,929
Projects, Planning, and Analysis.................. 39,391
Commercial Weather Data Pilot..................... 6,000
-----------------
Subtotal, NESDIS Systems Acquisition................ 1,857,249
-----------------
Satellite CDA Facility............................ 2,450
-----------------
Total, NESDIS - PAC................................... 1,859,699
=================
Mission Support
NOAA Construction................................... 23,724
=================
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion.. 24,378
New Vessel Construction............................. 75,000
Aircraft Recapitalization........................... 133,000
-----------------
Total, OMAO - PAC..................................... 232,378
=================
Total, Procurement, Acquisition, and Construction..... $2,303,684
------------------------------------------------------------------------
Space Weather Follow-on.--The agreement includes $8,545,000
for Space Weather Follow-On. Direction in the House and
Senate reports is retained, and NOAA is further directed to
provide a full assessment of launch options for a
coronagraph, and a plan to address non-coronagraph space
weather requirements, within 180 days of enactment of this
Act. NOAA shall coordinate with NASA and the Department of
Defense to ensure that NOAA is providing cost-effective
operational space weather assets and NASA is providing
technology development, in accordance with the National Space
Weather Action Plan.
Facilities Maintenance.--The agreement provides $10,000,000
for NOAA's highest priority facilities repair and deferred
maintenance requirements. NOAA has significant facilities
repair and deferred maintenance liabilities and the
Committees are concerned by reports, including the Department
of Commerce Office of the Inspector General Report, ``NOAA:
Repair Needs Data Not Accurate, and Real Property Utilization
Not Monitored Adequately,'' (OIG-17-032-A), that indicate
NOAA is not appropriately managing its real property
maintenance needs. Thirty days prior to obligating any of
these additional facilities repair and deferred maintenance
funds, NOAA shall submit a report providing the following
information: (1) a NOAA-wide prioritized list of its deferred
facilities maintenance needs, including an explanation of how
such list was developed; (2) an estimate of the total amount
and composition of deferred facilities maintenance, including
an explanation of how such estimate was developed; (3) how
NOAA maintains information on, and manages, its deferred
maintenance needs and activities; and (4) an update on
addressing the recommendations of OIG-17-032-A.
NOAA Marine Operation Facilities.--The agreement adopts
Senate language on NOAA Marine Operation Facilities and
directs NOAA to submit the associated plan within 60 days of
enactment of this Act. Additionally, NOAA shall formalize the
decision on the size of the project and work with the United
States Navy to finalize all assessments in a timely manner.
NOAA Aircraft Recapitalization.--The agreement adopts the
Senate language regarding aircraft recapitalization and
provides $133,000,000 for this purpose. Within funds
provided, $121,000,000 is included to procure a suitable
replacement for the Gulfstream IV-SP (G-IV) Hurricane Hunter
in order to meet the requirements of section 413 of Public
Law 115-25 and ensure back up capabilities.
PACIFIC COASTAL SALMON RECOVERY
This Act includes $65,000,000 for Pacific Coastal Salmon
Recovery.
FISHERMEN'S CONTINGENCY FUND
This Act includes $349,000 for the Fishermen's Contingency
Fund.
FISHERY DISASTER ASSISTANCE
This Act includes $20,000,000 for fishery disaster
assistance.
FISHERIES FINANCE PROGRAM ACCOUNT
This Act includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $100,000,000 for traditional direct
loans.
Departmental Management
SALARIES AND EXPENSES
This Act includes $63,000,000 for Departmental Management
salaries and expenses and supports the proposed increase for
the Investigations and Threats Management Division.
Rescissions.--The Department of Commerce shall submit to
the Committees a report, at the Program, Project and Activity
level, no later than September 1, 2018, specifying the amount
of each rescission made pursuant to this Act.
[[Page H2090]]
RENOVATION AND MODERNIZATION
This Act includes $45,130,000 for continuing renovation
activities only at the Herbert C. Hoover Building, which is
the full amount the Department of Commerce requires to
complete the fifth phase of the ongoing renovation.
OFFICE OF INSPECTOR GENERAL
This Act includes a total of $37,626,000 for the Office of
Inspector General (OIG). This amount includes $32,744,000 in
direct appropriations, a $1,000,000 transfer from USPTO, a
transfer of $2,580,000 from the Bureau of the Census,
Periodic Censuses and Programs, and $1,302,000 from NOAA PAC
for audits and reviews of those programs.
Transfers.--The OIG has more than $6,000,000 in unobligated
prior year transfers from Department of Commerce components.
These transfers are to ensure that the OIG is able to provide
the necessary independent and objective oversight for these
components. In its fiscal year 2018 spend plan, the OIG shall
describe how the OIG will use these existing resources to
adequately oversee the relevant components.
General Provisions--Department Of Commerce
(INCLUDING TRANSFER OF FUNDS)
This Act includes the following general provisions for the
Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department salaries
and expenses available for hire of passenger motor vehicles,
for services, and for uniforms and allowances as authorized
by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child
pornography, copyright infringement, or any other unlawful
activity over their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of
those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 provides NOAA with authority to waive certain
bond requirements.
Section 110 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 111 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
This Act includes $114,000,000 for General Administration,
Salaries and Expenses.
Opioid and heroin epidemic.--The Act includes significant
increases in law enforcement and grant resources for the
Department of Justice (DOJ) to combat the rising threat to
public health and safety from opioid, heroin and other drug
trafficking and abuse. This includes a total of $446,500,000,
an increase of $299,500,000 more than fiscal year 2017, in
DOJ grant funding to help State and local communities respond
to the opioid crisis.
Federal Law Enforcement and Prosecutors.--The Act includes
significant increases for DOJ Federal law enforcement and
prosecution agencies which will help DOJ investigate and
prosecute high priority cases, including those involving
opioids, heroin, and other drug trafficking amongst other law
enforcement priorities that were agreed upon by the
Committees in this explanatory statement. The overall
increase is $717,691,000 more than fiscal year 2017 which
includes: $101,750,000 for U.S. Attorneys; $62,452,000 for
U.S. Marshals Service operations; $36,912,000 for the Drug
Enforcement Administration (DEA) diversion control program
and $87,350,000 for DEA operations; $25,850,000 for the
Organized Crime and Drug Enforcement Task Forces;
$263,001,000 for Federal Bureau of Investigation (FBI)
operations; $35,176,000 for the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF); and $105,200,000 for the
Bureau of Prisons (BOP) operations.
Working Capital Fund and Non-appropriated Fund Budget
Requests and Expenditure Plans.--DOJ shall include in its
future year requests a breakout of its non-appropriated
funding sources, as specified in the House report. DOJ shall
also include in its fiscal year 2018 spending plans for DOJ
components details on non-appropriated funds with regard to
the Working Capital Fund, retained earnings and unobligated
transfers, and civil debt collection proceeds, as specified
in the House and Senate reports. In addition, DOJ shall
continue to provide the Committees with quarterly reports on
the collections, balances, and obligations of these funds.
Federal Water Usage Violations.--The agreement does not
adopt language in either the House or the Senate report
regarding Federal water usage violations.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
This Act includes $35,000,000 for Justice Information
Sharing Technology. The Department shall give the highest
priority to advancing cybersecurity for DOJ operations and
systems.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
This Act includes $504,500,000 for the Executive Office for
Immigration Review (EOIR), of which $4,000,000 is derived by
transfer from fee collections. With the funding provided in
the Act, EOIR shall continue ongoing programs, and hire and
deploy at least 100 additional Immigration Judge (IJ) teams,
with a goal of fielding 484 IJ teams nationwide by 2019.
Immigration Adjudication Performance and Reducing Case
Backlog.--The Department shall accelerate its recruitment,
background investigation, and placement of IJ teams, and
brief the Committees not later than 30 days after enactment
of this Act on its plan to deploy or reassign IJ teams to the
highest priority locations. The briefing shall cover training
standards for new IJs, and continuing IJ training and
education.
EOIR shall submit monthly reports detailing the status of
its hiring and deployment of IJ teams in the format and level
of detail provided in fiscal year 2017. The reports should
include the performance and operating information at the
level of detail provided in fiscal year 2017, to include
median days pending for both detained and non-detained cases,
and should include statistics on cases where visa overstay is
a relevant factor. To the extent EOIR has adopted new
performance measures related to the efficient and timely
completion of cases and motions, statistics reflecting those
measures should be included in the report.
OFFICE OF INSPECTOR GENERAL
This Act includes $97,250,000 for the Office of Inspector
General.
United States Parole Commission
SALARIES AND EXPENSES
This Act includes $13,308,000 for the salaries and expenses
of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
This Act includes $897,500,000 for General Legal
Activities.
Petitions for remission or mitigation.--The agreement does
not include section 550 of the House bill, as the Department
of Justice finally addressed these petitions after an
excessively lengthy wait and ruled on all petitions for
remission or mitigation that were referred to the Department
before June 26, 2017. The Committees note that these
petitions are imperative in returning money that is validly
due to taxpayers, and the Money Laundering and Asset Recovery
Section should prioritize resolving any future petitions
expeditiously.
VaCCINE INJURY COMPENSATION TRUST FUND
This Act includes a reimbursement of $10,000,000 for DOJ
expenses associated with litigating cases under the National
Childhood Vaccine Injury Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
This Act includes $164,977,000 for the Antitrust Division.
This appropriation is offset by an estimated $126,000,000 in
pre-merger filing fee collections, resulting in a direct
appropriation of $38,977,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
This Act includes $2,136,750,000 for the Executive Office
for United States Attorneys and the 94 United States
Attorneys' offices, of which $25,000,000 shall remain
available until expended. Within funding provided, the Act
supports increases of $4,750,000 above the fiscal year 2017
level for paralegal support; $4,875,000 above the request
level for cybercrime prosecution and training of Assistant
U.S. Attorneys, including for intellectual property rights
violations and child pornography; and $2,500,000 to support
criminal and civil drug diversion prosecution related to
opioids. The Act includes funding at no less than the fiscal
year 2017 level for Adam Walsh Act investigations and
prosecutions, and sustains current funding levels for
investigations and prosecutions of mortgage and financial
fraud, as well as for civil rights enforcement. Remaining
funds above the request level shall be allocated to districts
with the highest demonstrable workload, and should include
additional prosecutors for both human and opioid trafficking
cases.
UNITED STATES TRUSTEE SYSTEM FUND
This Act includes $225,908,000 for the United States
Trustee Program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
This Act includes $2,409,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
This Act includes $270,000,000 for Fees and Expenses of
Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
This Act includes $15,500,000 for the Community Relations
Service.
[[Page H2091]]
ASSETS FORFEITURE FUND
This Act includes $20,514,000 for the Assets Forfeiture
Fund.
United States Marshals Service
SALARIES AND EXPENSES
This Act includes $1,311,492,000 for the salaries and
expenses of the United States Marshals Service (USMS). Within
funding provided, the Act supports the USMS's request of
$12,000,000 for life and safety equipment and training. Also
within this appropriation, the Act provides additional
funding for deputy U.S. marshals to meet the growing workload
associated with: increasing law enforcement initiatives;
enhancing enforcement of laws relating to international
travel of sex offenders; and expanding the regional fugitive
task force program.
construction
This Act includes $53,400,000 for construction and related
expenses in space controlled, occupied or utilized by the
USMS for prisoner holding and related support. The USMS is
expected to apply this funding to its top ten priority
projects.
federal prisoner detention
(including transfer of funds)
The Act includes $1,536,000,000 for Federal Prisoner
Detention.
National Security Division
salaries and expenses
(including transfer of funds)
This Act includes $101,031,000 for the salaries and
expenses of the National Security Division.
Interagency Law Enforcement
interagency crime and drug enforcement
This Act includes $542,850,000 for the Organized Crime and
Drug Enforcement Task Forces, of which $375,000,000 is for
investigations and $167,850,000 is for prosecutions. The
increase in resources is provided to enhance investigations
and prosecutions of major drug trafficking organizations with
a focus on reducing the availability of opioids.
Federal Bureau of Investigation
salaries and expenses
This Act includes $9,030,202,000 for the salaries and
expenses of the Federal Bureau of Investigation (FBI),
including $1,740,000,000 for Intelligence, $3,660,200,000 for
Counterterrorism and Counterintelligence, $3,090,000,000 for
Criminal Enterprises and Federal Crimes, and $540,000,000 for
Criminal Justice Services.
Within funding provided, the FBI is expected to enhance its
investigative and intelligence efforts related to terrorism,
national security, and cyber threats, to include
strengthening the Cyber Division. Also within the level of
funding provided, the FBI shall ensure that the National
Instant Criminal Background Check System (NICS) operations
more adequately address background check demand and improve
NICS performance, including enhancing system availability,
determination rates, and E-Check services. DOJ is also
directed to consult with and provide technical guidance to
help other Federal departments and agencies fulfill their
obligation to submit all relevant records into the NICS
database.
Communication and information sharing.--The FBI is directed
to review protocols associated with communication and
information sharing between the Public Access Line and FBI
field offices, and to report to the Committees within 60 days
of enactment of this Act on potential improvements.
Law enforcement medical demonstration.--Within 60 days of
enactment of this Act, the FBI shall update the Committees on
efforts to formalize its existing external partnership with a
civilian academic medical center, including the FBI's use of
medical communications systems and Level I trauma centers to
support contingency planning and improve the delivery of
medical care for high risk law enforcement missions.
Canine Weapons of Mass Destruction Directorate (WMDD)
research.--The agreement adopts Senate report language
regarding the Hazardous Devices School, which supports the
Bureau's WMDD detector canine program. The Act clarifies that
funding direction for these canine activities shall be at a
level above fiscal year 2017 that adequately supports the
operations and ongoing development of this program.
Countering election-related threats.--Within the increased
funding provided, the FBI is directed to make the
counterintelligence and cyber-related investments necessary
to help respond to foreign actors, including those seeking to
compromise democratic institutions and processes. It is
expected that the FBI will invest in initiatives that will
assist in enhanced source development, deployment of
additional surveillance assets, implementation of other
sophisticated targeting techniques, or other investigative
activities deemed necessary to thwart foreign actors. These
investments will also aid the FBI in carrying out its roles
and responsibilities pursuant to the January 2017 designation
of election infrastructure as part of the nation's critical
infrastructure, thereby facilitating enhanced information
sharing between the Federal government and State and local
election officials responsible for running Federal elections
in this country. The FBI shall brief the Committees not later
than 90 days after the date of enactment of this Act on its
plans to carry out these initiatives.
Human trafficking.--Within the funds provided, the FBI is
expected to increase resources devoted to human trafficking
investigations.
construction
This Act includes $370,000,000 for FBI construction, which
supports the Senate's language on 21st Century Facilities and
provides additional funding above the requested level for the
FBI to address its highest priorities outside of the
immediate national capital area.
FBI Headquarters.--The Act does not include funding for the
revised Headquarters consolidation plan released on February
12, 2018, because many questions regarding the new plan
remain unanswered, including the revision of longstanding
security requirements and changes to headquarters capacity in
the national capital region. Until these concerns are
addressed and the appropriate authorizing Committees approve
a prospectus, the Committees are reluctant to appropriate
additional funds for this activity.
Drug Enforcement Administration
salaries and expenses
This Act includes a direct appropriation of $2,190,326,000
for the salaries and expenses of the Drug Enforcement
Administration (DEA). In addition, DEA expects to derive
$419,574,000 from fees deposited in the Diversion Control
Fund to carry out the Diversion Control Program, resulting in
$2,609,900,000 in total spending authority for DEA. To meet
the rising threats from heroin, fentanyl, and other opioids,
additional funding is included to: expand opioid and heroin
enforcement efforts, including supporting existing heroin
enforcement teams and establishing new ones; invest in the
Fentanyl Signature Profiling Program and law enforcement
safety; and accelerate efforts to dismantle transnational
criminal organizations and cartels. Senate report language
regarding Special Assistant U.S. Attorneys is adopted, and
additional resources for prosecutors are included under U.S.
Attorneys. DEA shall provide a briefing on heroin and opioid
investigations and prosecutions not later than 90 days after
the date of enactment of this Act. The agreement also
provides not less than $10,000,000 for DEA to perform
methamphetamine lab cleanup.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
This Act includes $1,293,776,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF). Within the amount provided, resources are
allocated to fully fund the requested program increases, as
well as for an increase of not less than $10,000,000 for
activities, as specified in the House report, for the
National Firearms Act Division, Federal Firearms and
Explosives Licensing Centers, the Import Branch, and the
eForms system.
Canine Training Center.--The agreement does not include
section 539 of the House bill regarding the relocation of
ATF's Canine Training Center. The agreement modifies Senate
language regarding National Center for Explosives Training
and Research only as it pertains to canine operations to
clarify that no relocations are anticipated during fiscal
year 2018.
Federal Prison System
salaries and expenses
(including transfer of funds)
This Act includes $7,114,000,000 for the salaries and
expenses of the Federal Prison System. House and Senate
report language on treatment programming is adopted.
buildings and facilities
This Act includes $161,571,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates. Additional
funding above the request is included for the highest
priority deferred maintenance and repair (M&R) projects. The
Bureau of Prisons shall provide a list of planned M&R
projects to be carried out, with estimated costs and
completion dates, with the fiscal year 2018 spending plan
provided to the Committees, as well as an updated listing of
remaining unfunded M&R projects.
limitation on administrative expenses, federal prison industries,
incorporated
This Act includes a limitation on administrative expenses
of $2,700,000 for Federal Prison Industries, Incorporated.
State and Local Law Enforcement Activities
In total, this Act includes $2,934,300,000 for State and
local law enforcement and crime prevention programs. This
amount includes $2,842,300,000 in discretionary budget
authority, of which $492,000,000 is derived by transfer from
the Crime Victims Fund. This amount also includes $92,000,000
scored as mandatory for Public Safety Officer Benefits.
House and Senate report language regarding management and
administration expenses is adopted by reference, and it is
clarified that the Department's methodology for assessing
these costs should be both fair and equitable across all
grant programs.
The agreement includes a limitation on obligations from the
Crime Victims Fund of $4,436,000,000 as stipulated in section
510 of this Act.
Compliance with Federal laws.--The agreement does not
include section 554 of the House bill regarding funding for
the State Criminal Alien Assistance Program (SCAAP). The
agreement adopts Senate language directing the Department to
ensure
[[Page H2092]]
that all applicants for Edward Byrne Memorial Justice
Assistance Grants (Byrne-JAG), Community Oriented Policing
Services (COPS) grants, and SCAAP funds are in compliance
with all applicable Federal laws.
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
This Act includes $492,000,000 for the Office on Violence
Against Women. These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants........................................... $215,000
Transitional Housing Assistance....................... 35,000
Research and Evaluation on Violence Against Women..... 3,500
Consolidated Youth-Oriented Program................... 11,000
Grants to Encourage Arrest Policies................... 53,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services....................... 35,000
Rural Domestic Violence and Child Abuse Enforcement... 40,000
Violence on College Campuses.......................... 20,000
Civil Legal Assistance................................ 45,000
Elder Abuse Grant Program............................. 5,000
Family Civil Justice.................................. 16,000
Education and Training for Disabled Female Victims.... 6,000
National Resource Center on Workplace Responses....... 500
Research on Violence Against Indian Women............. 1,000
Indian Country--Sexual Assault Clearinghouse.......... 500
Tribal Special Domestic Violence Criminal Jurisdiction 4,000
Rape Survivor Child Custody Act....................... 1,500
=================
TOTAL, Violence Against Women Prevention and $492,000
Prosecution Programs...............................
------------------------------------------------------------------------
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
This Act provides $90,000,000 for the Research, Evaluation
and Statistics account. These funds are distributed as
follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $48,000
NCS-X Implementation Program........................ (5,000)
National Institute of Justice......................... 42,000
Domestic Radicalization Research.................... (4,000)
=================
TOTAL, Research, Evaluation and Statistics.......... $90,000
------------------------------------------------------------------------
Campus survey.--Up to $5,000,000 is provided for the
Department to continue development and testing of its pilot
campus climate survey on sexual assault. The survey should be
cost-effective, standardized, methodologically rigorous, and
conducted nationwide.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
This Act includes $1,677,500,000 for State and Local Law
Enforcement Assistance programs. These funds are distributed
as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............. $415,500
Officer Robert Wilson III VALOR Initiative.......... (10,000)
Smart Policing...................................... (5,000)
Smart Prosecution................................... (2,500)
NamUS............................................... (2,400)
National Training Center to improve Police-Based (2,500)
Responses to People with Mental Illness............
Violent Gang and Gun Crime Reduction................ (20,000)
John R. Justice Grant Program....................... (2,000)
Prison Rape Prevention and Prosecution.............. (15,500)
Emergency Federal Law Enforcement Assistance........ (16,000)
State Criminal Alien Assistance Program............... 240,000
Victims of Trafficking Grants......................... 77,000
Capital Litigation and Wrongful Conviction Review..... 3,000
Economic, High-tech, White Collar and Cybercrime 14,000
Prevention...........................................
Intellectual Property Enforcement Program........... (2,500)
Cybercrime Prosecutor Pilot Program................. (1,000)
Digital Investigation Education Program............. (1,000)
Adam Walsh Act Implementation......................... 20,000
[[Page H2093]]
Bulletproof Vests Partnerships........................ 22,500
Transfer to NIST/OLES............................... (1,500)
National Sex Offender Public Website.................. 1,000
National Instant Criminal Background Check System 75,000
(NICS) Initiative....................................
NICS Act Record Improvement Program................. (25,000)
Paul Coverdell Forensic Science....................... 30,000
DNA Initiative........................................ 130,000
Debbie Smith DNA Backlog Grants..................... (120,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (6,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) 47,500
Backlog..............................................
CASA-Special Advocates................................ 12,000
Tribal Assistance..................................... 35,000
Second Chance Act/Offender Reentry.................... 85,000
Smart Probation..................................... (6,000)
Children of Incarcerated Parents Demo Grants........ (5,000)
Pay for Success..................................... (7,500)
Pay for Success (Permanent Supportive Housing Model) (5,000)
Project HOPE Opportunity Probation with Enforcement. (4,000)
Comprehensive School Safety Initiative................ 75,000
Community trust initiative:........................... 65,000
Body Worn Camera Partnership Program................ (22,500)
Justice Reinvestment Initiative..................... (25,000)
Byrne Criminal Justice Innovation Program........... (17,500)
Opioid initiative..................................... 330,000
Drug Courts......................................... (75,000)
Veterans Treatment Courts........................... (20,000)
Residential Substance Abuse Treatment............... (30,000)
Prescription Drug Monitoring........................ (30,000)
Mentally Ill Offender Act........................... (30,000)
Other Comprehensive Addiction and Recovery Act (145,000)
activities.........................................
=================
TOTAL, State and Local Law Enforcement Assistance... $1,677,500
------------------------------------------------------------------------
Comprehensive Addiction and Recovery Act (CARA) programs.--
The agreement provides a total of $330,000,000 for DOJ's CARA
programs, an increase of $227,000,000 above the fiscal year
2017 level, including $132,000,000 above the fiscal year 2017
level for the Comprehensive Opioid Abuse Program (COAP). It
is expected that the Bureau of Justice Assistance will not
only be able to make additional site-based program awards
under the existing COAP structure, but will be able to expand
COAP offerings to include prevention and education programs
for youth, community engagement by law enforcement, response
teams to assist children dealing with the aftermath of opioid
addiction, and family court programming relating to treatment
for opioids. Senate report language on the Law Enforcement
Assisted Diversion (LEAD) model is adopted.
NICS Initiative grants.--While the agreement includes a
$2,000,000 increase for the NICS Initiative grant program,
the Committees remain deeply concerned over problematic
applications from States for the National Criminal History
Improvement Program (NCHIP) and NICS Act Record Improvement
Program (NARIP) grants, which result in fewer grants being
awarded than were funded by appropriations. Over the past
several fiscal years, far too many proposals from States have
been out-of-scope, of poor quality, or requested excessive
funding to replace an entire criminal justice records system,
leading DOJ to exclude them. The Office of Justice Programs
(OJP) is directed to consult with State and tribal
governments to provide training and technical assistance in
completing a successful application for both of these grant
programs, including expressly outlining what is in scope for
project needs, information technology, and cost.
Victims of Trafficking grants.--The agreement provides
$77,000,000 for the Victims of Trafficking Grant program, as
authorized by Public Law 106-386 and amended by Public Law
113-4, of which no less than $22,000,000 is for the Enhanced
Collaborative Model to Combat Human Trafficking Task Force
Program. This funding level also includes $10,000,000 for the
Minor Victims of Trafficking Grant program, of which
$8,000,000 is for victim services grants for sex-trafficked
minors as authorized by Public Law 113-4, with the remaining
$2,000,000 for victim services grants for labor-trafficked
minors. The Committees encourage DOJ to work in close
coordination with the Department of Health and Human Services
to facilitate collaboration and reduce duplication of
efforts.
Capital Litigation Improvement and Wrongful Conviction
Review Grant programs.--The Committees direct that at least
50 percent of the $3,000,000 appropriated to the Capital
Litigation Improvement and Wrongful Conviction Review grant
programs be used to support entities that represent
individuals with post-conviction claims of innocence and
provide legal representation; case review, evaluation, and
management; experts; and investigation services related to
these innocence claims.
Paul Coverdell Forensic Science.--The alarming
proliferation of heroin and synthetic drugs like fentanyl
have had a crushing effect on State crime labs, resulting in
a significant increase in the backlog. Synthetics in
particular take much longer to analyze than traditional drugs
and chemicals. Medical examiners and pathologists have also
been overwhelmed with the volume of autopsies as a result of
heroin and synthetic drug-related overdose deaths. The
recommendation provides an additional $17,000,000 for the
Coverdell program to specifically target the challenges the
opioid epidemic has brought to the forensics community.
JUVENILE JUSTICE PROGRAMS
This Act includes $282,500,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B-State Formula Grants........................... $60,000
Emergency Planning--Juvenile Detention Facilities... (500)
Youth Mentoring Grants................................ 94,000
Title V--Delinquency Prevention Incentive Grants...... 27,500
Tribal Youth........................................ (5,000)
Gang and Youth Violence Education and Prevention.... (4,000)
Children of Incarcerated Parents Web Portal......... (500)
Girls in the Justice System......................... (2,000)
Community-Based Violence Prevention Initiatives..... (8,000)
[[Page H2094]]
Opioid Affected Youth Initiative.................... (8,000)
Victims of Child Abuse Programs....................... 21,000
Missing and Exploited Children Programs............... 76,000
Training for Judicial Personnel....................... 2,000
Improving Juvenile Indigent Defense................... 2,000
=================
TOTAL, Juvenile Justice............................. $282,500
------------------------------------------------------------------------
Reaching Youth Impacted by Opioids.--The recommendation
provides an additional $22,000,000 above the fiscal year 2017
enacted level to support States, local communities, and
tribal jurisdictions in their efforts to develop and
implement effective programs for children, youth, and at-risk
juveniles and their families who have been impacted by the
opioid crisis and drug addiction. Within this amount,
$8,000,000 is provided for Title V: Delinquency Prevention
grants, and $14,000,000 is provided for youth mentoring
grants.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
This Act includes $116,800,000 for the Public Safety
Officer Benefits program for fiscal year 2018. Within the
funds provided, $92,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping
purposes. In addition, $24,800,000 is provided for disability
benefits for public safety officers permanently and totally
disabled as a result of a catastrophic injury and for
education benefits for the spouses and children of officers
killed in the line of duty or permanently and totally
disabled as a result of a catastrophic injury sustained in
the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
This Act includes $275,500,000 for COPS programs, as
follows:
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants.................................... $225,500
Tribal Resources Grant Program...................... (30,000)
Community Policing Development/Training and (10,000)
Technical Assistance...............................
Regional Information Sharing Activities............. (36,000)
Police Act............................................ 10,000
Anti-Methamphetamine Task Forces...................... 8,000
Anti-Heroin Task Forces............................... 32,000
=================
TOTAL, Community Oriented Policing Services......... $275,500
------------------------------------------------------------------------
COPS Hiring.--The Department of Justice is reminded that
the COPS Hiring Program may include grant award preference
categories for School Resource Officers.
Peer Mentoring Pilot Programs.--With the recent passage of
the Law Enforcement Mental Health and Wellness Act (Public
Law 115-113), the Committees note that grant funding to
establish peer mentoring mental health and wellness pilot
programs within State, local, and tribal law enforcement
agencies is now a covered purpose area within the COPS
Office.
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
This Act includes the following general provisions for the
Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to
preserve the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than
to a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media
or equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational
purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or
Federal Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance, and permits up to 2 percent of grant funds made
available to that office to be used for criminal justice
research, evaluation and statistics by the National Institute
of Justice and the Bureau of Justice Statistics.
Section 213 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, Tribal, and
local reentry courts; and drug treatment programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law
enforcement personnel do not continuously monitor or control
such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
TITLE III
SCIENCE
Office of Science and Technology Policy
This Act includes $5,544,000 for the Office of Science and
Technology Policy (OSTP). The agreement modifies Senate
language regarding Science, Technology, Engineering, and Math
(STEM) inclusion training to clarify that this activity shall
include OSTP and the Office of Personnel Management and be
conducted through a National Science and Technology Council
subcommittee.
National Space Council
This Act includes $1,965,000 for the activities of the
National Space Council.
National Aeronautics and Space Administration
This Act includes $20,736,140,000 for the National
Aeronautics and Space Administration (NASA).
[[Page H2095]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science....................................... $1,921,000
Planetary Science................................... 2,227,900
Astrophysics........................................ 850,400
James Webb Space Telescope.......................... 533,700
Heliophysics........................................ 688,500
-----------------
Total, Science........................................ 6,221,500
=================
Aeronautics:.......................................... 685,000
=================
Space Technology:..................................... 760,000
=================
Human Exploration and Operations:
Orion Multi-purpose Crew Vehicle.................... 1,350,000
Space Launch System (SLS) Vehicle Development....... 2,150,000
Exploration Ground Systems.......................... 545,000
Second Mobile Launch Platform....................... 350,000
Exploration R&D..................................... 395,000
-----------------
Total, Human Exploration and Operations............... 4,790,000
=================
Space Operations:..................................... 4,751,500
=================
Education:
NASA Space Grant.................................... 40,000
Established Program to Stimulate Competitive 18,000
Research...........................................
Minority University Research and Education Project.. 32,000
STEM Education and Accountability Projects.......... 10,000
-----------------
Total, Education...................................... 100,000
=================
Safety, Security and Mission Services:................ 2,826,900
=================
Construction and Environmental Compliance and 562,240
Restoration:.........................................
=================
Office of Inspector General:.......................... 39,000
=================
Total, NASA........................................... $20,736,140
------------------------------------------------------------------------
SCIENCE
This Act includes $6,221,500,000 for Science. The agreement
reiterates the importance of the decadal survey process and
rejects the cancellation of scientific priorities recommended
by the National Academy of Sciences decadal survey process.
Earth Science.--This Act includes $1,921,000,000 for Earth
Science. This amount includes $147,000,000 for the Plankton,
Aerosol, Cloud, and ocean Ecosystem; $17,000,000 for the
Climate Absolute Radiance and Refractivity Observatory
Pathfinder; $1,700,000 for the Deep Space Climate
Observatory; $9,700,000 to launch the Orbiting Carbon
Observatory-3; $55,400,000 for the NASA-Indian Space Research
Organization Synthetic Aperture Radar Mission (NISAR); and
$175,800,000 for LandSat-9. Earlier this year, NASA
terminated an Earth Science instrument scheduled to be
launched on the Joint Polar Satellite System (JPSS)-2
satellite. NASA is directed to preserve the significant
investment made to date when closing out the program and to
retain appropriate options to utilize the instrument in the
future. Further, NASA shall report to the Congress within 180
days of the enactment of this Act on plans to ensure the
collection of energy budget data beyond the JPSS-1 Clouds and
the Earth's Radiant Energy System (CERES) instrument.
Planetary Science.--This Act includes $2,227,900,000 for
Planetary Science. Of this amount, $595,000,000 is for the
Europa mission, including both the Clipper and Lander
components. The agreement also provides $66,000,000 for Near
Earth Object Observations as directed by the Senate. The
agreement provides up to $335,800,000 for Discovery and up to
$90,000,000 for New Frontiers. Within amounts currently
available in the Planetary program and from funds provided in
this Act, no more than $35,000,000 is for the Near-Earth
Object Camera (NEOCam) mission to complete a system
requirement review and mission design review, and associated
follow-up work. Also included is $660,000,000 for Mars with
language clarifying House direction to support the Mars
Sample return mission and Orbiter, as appropriate. The
agreement also provides $23,000,000 for the Mars helicopter
technology demonstration activity. The agreement modifies
House language regarding an Exoplanet Exploration Decadal
Survey to acknowledge that this matter is being explored in a
February 2018, National Academy of Sciences call for White
Papers: Exoplanet Science Strategy in advance of the upcoming
decadal surveys in astronomy, astrophysics, and planetary
science.
Astrophysics.--This Act includes $850,400,000 for
Astrophysics. The agreement clarifies House language
regarding a competitive, principal investigator-led
astrophysics program to direct that this matter be addressed
in the upcoming 2020 Astrophysics Decadal Survey. The
agreement provides $98,300,000 for the Hubble Space
Telescope. The agreement also includes no less than an
additional $15,000,000 for exoplanet technology development,
including search for life technology development and
starshade technology development.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
The agreement includes $85,200,000 and House language for
SOFIA. The agreement further clarifies that NASA shall not
undertake any activities during fiscal year 2018 in
preparation for any fiscal year 2019 senior review of this
program. The agreement notes that SOFIA, which began its
prime mission in 2014, has a prime mission lifetime of 20
years.
Wide-Field Infrared Survey Telescope (WFIRST).--In lieu of
House and Senate language regarding WFIRST, the agreement
includes $150,000,000 for WFIRST, which is the highest
priority of the 2010 Astrophysics Decadal Survey. In October
2017, NASA received the findings from the WFIRST Independent
External Technical/Management/Cost Review (WIETR), which
found in part that the current science management strategy is
appropriate and that the Class B risk classification for the
WFIRST mission is not consistent with NASA policy for
strategically important missions with comparable levels of
investment and risk, most if not all of which are class A
missions. Accordingly, NASA shall provide to the Committees
within 60 days of enactment of this Act a preliminary life
cycle cost estimate, including any additions needed to
achieve Class A classification, along with a year by year
breakout of development costs.
James Webb Space Telescope (JWST).--This Act includes
$533,700,000 for JWST.
Heliophysics.--This Act includes $688,500,000 for
Heliophysics.
AERONAUTICS
This Act includes $685,000,000 for Aeronautics.
SPACE TECHNOLOGY
This Act includes $760,000,000 for Space Technology. Within
this amount, $130,000,000 is for RESTORE; $75,000,000 is for
nuclear thermal propulsion activities; up to $20,000,000 is
for the Flight Opportunities Program; and no less than
$25,000,000 is for additive manufacturing research.
[[Page H2096]]
Innovative nanomaterials.--The agreement provides
$5,000,000 to address challenges associated with large-scale
production of advanced nanomaterials for use in NASA
missions.
EXPLORATION
Exploration.--This Act includes $4,790,000,000 for
Exploration. The agreement clarifies that funding for
additive manufacturing is included within the Space
Technology program. The agreement retains the Senate language
regarding a habitat development program office and directs
NASA to provide, as part of its operating plan submission, a
financial plan that breaks out funding and activity
responsibilities for the office across the agency. The bill
provides an additional $350,000,000 for launch capabilities
and infrastructure associated with constructing a second
mobile launch platform, as recommended by the Aerospace
Safety Advisory Panel, which will enable an acceleration in
the launch schedule for Exploration Mission-2. The funds also
will allow flexibility for future NASA and other Federal
agency missions that will require heavy-lift capabilities
beyond those of current launch vehicles as well as enable a
sustainable Space Launch System (SLS) launch cadence. The
agreement also provides $395,000,000 for the Human Research
Program and Advanced Exploration Systems, including no less
than the current operating level for these programs.
SPACE OPERATIONS
Space Operations.--This Act provides $4,751,500,000 for
Space Operations. The agreement maintains the fiscal year
2017 levels for the 21st Century Space Launch Complex program
within this account as directed by the House. The agreement
adopts the Senate funding recommendation for and language
regarding Venture Class Launch Services.
EDUCATION
This Act includes $100,000,000 for Education, including
$18,000,000 for the Established Program to Stimulate
Competitive Research; $40,000,000 for Space Grant;
$32,000,000 for the Minority University Research and
Education Project; and $10,000,000 for STEM Education and
Accountability Projects. The agreement adopts Senate language
regarding future placement of this program and direction
regarding administrative costs.
SAFETY, SECURITY AND MISSION SERVICES
This Act includes $2,826,900,000 for Safety, Security and
Mission Services. The agreement modifies House language
regarding submission of reports from NASA pursuant to
National Academy of Public Administration, the GAO, and the
NASA Inspector General reviews of NASA security compliance
protocols and foreign national access management and directs
that these reports be provided yearly.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
This Act includes $562,240,000 for Construction and
Environmental Compliance and Restoration. Funds provided
above the request are to address maintenance and repair
backlogs.
OFFICE OF INSPECTOR GENERAL
This Act includes $39,000,000 for the Office of Inspector
General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
This Act includes the following administrative provisions
for NASA: a provision that makes funds for announced prizes
available without fiscal year limitation until the prize is
claimed or the offer is withdrawn; a provision that
establishes terms and conditions for the transfer of funds;
and a provision that subjects the NASA spending plan and
specified changes to that spending plan to reprogramming
procedures under section 505 of this Act.
National Science Foundation
This Act includes $7,767,356,000 for the National Science
Foundation (NSF). This strong investment in basic research
reflects the Congress' growing concern that China and other
competitors are outpacing the United States in terms of
research spending, as noted in the 2018 Science and
Engineering Indicators report of the National Science Board.
RESEARCH AND RELATED ACTIVITIES
This Act includes $6,334,476,000 for Research and Related
Activities. The agreement includes $170,690,000 for the
Established Program to Stimulate Competitive Research as
recommended by the House and includes Senate language
regarding efficiencies. The agreement clarifies House
language to provide $1,800,000, as requested in this account,
for the Antarctic Infrastructure Modernization for Science
program. The agreement reiterates House and Senate language
regarding support for existing NSF research infrastructure,
including land and sea-based assets.
Hurricane-damaged research facilities.--Public Law 115-119
provided $16,300,000 to repair NSF facilities damaged by
hurricanes in 2017. NSF shall complete all such related
repairs as expeditiously as possible.
Divestment activities.--It is noted that NSF is working
with a variety of academic, private sector, and other
government agencies with respect to the future operation of
some of its observatories. NSF shall continue to keep the
Committees informed regarding the status of these activities.
Any proposal by NSF to divest the Foundation of these
facilities shall be proposed as part of any future NSF budget
request and is subject to NSF administrative provisions
included in this Act.
Marine seismic research.--The agreement reiterates the
importance of ensuring that NSF-funded marine research
vessels with unique seismic capabilities remain available to
the academic marine geology and geophysics community to
support a variety of important undersea research efforts.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
This Act includes $182,800,000 for Major Research Equipment
and Facilities Construction. Within this amount, $105,000,000
is for continuing construction of three Regional Class
Research Vessels; $20,000,000 is for the Daniel K. Inouye
Solar Telescope; and $57,800,000 is for the Large Synoptic
Survey Telescope.
EDUCATION AND HUMAN RESOURCES
This Act includes $902,000,000 for Education and Human
Resources, including $62,500,000 for Advancing Informal STEM
Learning; $55,000,000 for CyberCorps: Scholarships for
Service, including no less than $7,500,000 for qualified
community colleges as directed by the Senate; $35,000,000 for
the Historically Black Colleges and Universities
Undergraduate Program; $46,000,000 for the Louis Stokes
Alliance for Minority Participation; $64,500,000 for the
Robert Noyce Teacher Scholarship Program; $51,880,000 for
Science, Technology, Engineering, and Math + Computing
Partnerships (STEM+C); and $14,000,000 for the Tribal
Colleges and Universities Program.
Hispanic-Serving Institutions (HSIs).--The agreement
provides $30,000,000 for the HSI program authorized by
section 7033 of the America COMPETES Act (Public Law 110-69).
NSF is directed to continue to use this program to build
capacity at institutions of higher education that typically
do not receive high levels of NSF funding.
AGENCY OPERATIONS AND AWARD MANAGEMENT
This Act includes $328,510,000 for Agency Operations and
Award Management.
OFFICE OF THE NATIONAL SCIENCE BOARD
This Act includes $4,370,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
This Act includes $15,200,000 for the Office of Inspector
General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
This Act includes a provision that describes terms and
conditions for the transfer of funds and a provision
requiring notification at least 30 days in advance of the
acquisition or disposal of any capital asset.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
This Act includes $9,700,000 for the Commission on Civil
Rights. An additional $500,000 is provided for the Commission
to execute its mission, including activities in the field.
This additional funding shall not be used for administrative
costs. The Commission is reminded of direction in the Senate
report instructing all agencies to reduce operating expenses.
Equal Employment Opportunity Commission
salaries and expenses
This Act includes $379,500,000 for the Equal Employment
Opportunity Commission (EEOC). Up to $29,500,000 shall be for
payments to State and local enforcement agencies to ensure
that the EEOC provides adequate resources to its State and
local partners. The agreement provides an increase of
$15,000,000 to address the increased workload associated with
sexual harassment claims.
International Trade Commission
salaries and expenses
This Act includes $93,700,000 for the International Trade
Commission.
Legal Services Corporation
payment to the legal services corporation
This Act includes $410,000,000 for the Legal Services
Corporation.
Marine Mammal Commission
salaries and expenses
This Act includes $3,431,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
This Act includes a total of $72,600,000 for the Office of
the U.S. Trade Representative (USTR).
salaries and expenses
This Act includes $57,600,000 for the salaries and expenses
of USTR.
trade enforcement trust fund
(including transfer of funds)
This Act includes $15,000,000, which is to be derived from
the Trade Enforcement Trust Fund, for trade enforcement
activities authorized by the Trade Facilitation and Trade
Enforcement Act of 2015.
State Justice Institute
salaries and expenses
This Act includes $5,121,000 for the State Justice
Institute.
[[Page H2097]]
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
This Act includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the
current fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting
service through procurement contracts shall be limited to
those contracts where such expenditures are a matter of
public record and available for public inspection, except
where otherwise provided under existing law or existing
Executive order issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or
circumstance shall be held invalid, the remainder of this Act
and the application of other provisions shall not be
affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employee; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any
function or activity presently performed by Federal
employees; (7) augments funds for existing programs, projects
or activities in excess of $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent; or (8) results from any general savings, including
savings from a reduction in personnel, which would result in
a change in existing programs, projects, or activities as
approved by Congress; unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to
any product that was not made in America that person shall
not be eligible to receive any contract or subcontract with
funds made available in this Act. The section further
provides that to the extent practicable, with respect to
purchases of promotional items, funds made available under
this Act shall be used to purchase items manufactured,
produced, or assembled in the United States or its
territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency,
and provides transfer authority between appropriation
accounts to carry out this provision, subject to
reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or
tobacco products or to seek the reduction or removal of
foreign restrictions on the marketing of tobacco products,
except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type. This provision
is not intended to impact routine international trade
services to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this Act to
any department, agency, or instrumentality of the United
States Government, except for transfers made by, or pursuant
to authorities provided in, this Act or any other
appropriations Act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration,
the National Science Foundation and the Legal Services
Corporation and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts appropriated
by this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds in this Act to
require certain export licenses.
Section 517 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics'''
firearms, parts, or ammunition.
Section 518 prohibits the use of funds to include certain
language in trade agreements.
Section 519 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 520 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 521 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal
year 2018.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under
the Internal Revenue Code of 1986, and has no unpaid Federal
tax assessment.
(rescissions)
Section 523 provides for rescissions of unobligated
balances. Subsection (c) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations.
Section 524 prohibits the use of funds in this Act for the
purchase of first class or premium air travel in
contravention of the Code of Federal Regulations.
Section 525 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees,
who are stationed in the United States, at any single
conference outside the United States, unless the conference
is a law enforcement training or operational event where the
majority of Federal attendees are law enforcement personnel
stationed outside the United States.
Section 526 includes language regarding detainees held at
Guantanamo Bay.
Section 527 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 528 requires any department, agency, or
instrumentality of the United States Government receiving
funds appropriated under this Act to track and report on
undisbursed balances in expired grant accounts.
Section 529 prohibits the use of funds by the National
Aeronautics and Space Administration (NASA) or the Office of
Science and Technology Policy (OSTP) to engage in bilateral
activities with China or a Chinese-owned company or
effectuate the hosting of official Chinese visitors at
certain facilities unless the activities are authorized by
subsequent legislation or NASA or OSTP have made a
certification pursuant to subsections (c) and (d) of this
section.
Section 530 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Section 531 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 532 requires the departments and agencies funded in
this Act to submit spending plans.
Section 533 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 534 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space
Administration, and the National Science Foundation of travel
to China.
Section 535 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 536 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 537 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in
contravention of a certain section of the Agricultural Act of
2014.
Section 538 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 539 expands a program for monitoring seafood.
Section 540 relates to the Keep Young Athletes Safe Act of
2018, which accompanies the
[[Page H2098]]
agreement. Funding of $2,500,000 is provided within Office of
Justice Programs (OJP) for fiscal year 2018 by this section.
OJP shall make a competitive grant award to a non-profit
organization to safeguard young athletes against abuse,
including emotional, physical, and sexual abuse, in sports.
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DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2018. The joint explanatory statement
accompanying this division is approved and indicates
congressional intent. Unless otherwise noted, the language
set forth in House Report 115-219 warrants full compliance
and carries the same weight as language included in this
joint explanatory statement unless specifically addressed to
the contrary in the bill or this joint explanatory statement.
While some language is repeated for emphasis, this
explanatory statement does not intend to negate the language
referred to above unless expressly provided herein.
definition of program, project, and activity
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended
by the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119), and by the
Budget Enforcement Act of 1990 (Public Law 101-508), the
terms ``program, project, and activity'' for appropriations
contained in this Act shall be defined as the most specific
level of budget items identified in the Department of Defense
Appropriations Act, 2018, the related classified annexes and
explanatory statements, and the P-1 and R-1 budget
justification documents as subsequently modified by
congressional action.
The following exception to the above definition shall
apply: the military personnel and the operation and
maintenance accounts, for which the term ``program, project,
and activity'' is defined as the appropriations accounts
contained in the Department of Defense Appropriations Act.
At the time the President submits the budget request for
fiscal year 2019, the Secretary of Defense is directed to
transmit to the congressional defense committees budget
justification documents to be known as the ``M-1'' and the
``O-1'' which shall identify, at the budget activity,
activity group, and sub-activity group level, the amounts
requested by the President to be appropriated to the
Department of Defense for military personnel and operation
and maintenance in any budget request, or amended budget
request, for fiscal year 2019.
reprogramming guidance
The Secretary of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year
2008 (House Report 110-279). The dollar threshold for
reprogramming funds shall be $10,000,000 for military
personnel; $20,000,000 for operation and maintenance;
$20,000,000 for procurement; and $10,000,000 for research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II
and quarterly, spreadsheet-based DD Form 1416 reports for
Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a military personnel (M-1), an operation and maintenance (O-
1), a procurement (P-1), or a research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
funding increases
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
congressional special interest items
Items for which additional funds have been provided or
items for which funding is specifically reduced as shown in
the project level tables or in paragraphs using the phrase
``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the explanatory statement.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
SERVICE UNFUNDED REQUIREMENTS LISTS
The House and Senate Defense Appropriations Subcommittees
recognize that each military Service submits an annual
unfunded requirements list to the congressional defense
committees that provides insight into requirements that may
have been excluded from the budget request due to budgetary
constraints. However, the lists are often divided into
various categories of items, thereby obscuring the true
prioritization of the requests. The Chiefs of Staff of the
Army and the Air Force, the Chief of Naval Operations, and
the Commandant of the Marine Corps are directed to provide
their individual Service unfunded requirements in
consolidated priority lists for future budget submissions.
RAPID ACQUISITION AUTHORITY
The Secretary of Defense or his designee, in conjunction
with the Under Secretary of Defense (Comptroller), is
directed to provide to the congressional defense committees,
not later than 5 days following notification of the
Secretary's intent to execute or previous application of
Rapid Acquisition Authority (RAA), the following: the
documented requirement intended to be addressed by use of
RAA; the Service or defense agency charged with implementing
the material solution identified; the identification of funds
affected by the use of RAA by appropriations account, line,
and/or program element, to include outyear funding
requirements by fiscal year; an explanation as to why source
funds are available to fund this higher priority item; and
details of, and justification for, the contract type or other
transaction authority being utilized.
In addition, the Under Secretary of Defense (Comptroller)
is directed to provide to the congressional defense
committees a complete accounting of the use of RAA by fiscal
year not later than 30 days after the end of each fiscal
year. The Under Secretary of Defense (Comptroller) is further
directed to provide guidance to the Services and defense
agencies to appropriately identify previously received RAA
funds and items funded in budget exhibits and briefings
provided to the congressional defense committees in support
of Department of Defense budget requests and, where
appropriate, to update the Financial Management Regulation to
that effect. Finally, it is noted that funds for RAA
initiatives often are executed in place within the program
identified as the funding source regardless of the original
purpose for which funds were appropriated or the urgent
requirement being addressed, and without any apportionment
documents being generated. The Under Secretary of Defense
(Comptroller) is directed to provide a briefing on the impact
of RAA funding mechanisms on Financial Improvement and Audit
Readiness efforts to the congressional defense committees not
later than 60 days after the enactment of this Act.
BUDGETING FOR THE JOINT IMPROVISED-THREAT DEFEAT ORGANIZATION
The fiscal year 2018 budget request includes $14,442,000 in
base appropriations and $483,058,000 in overseas contingency
operations appropriations for the Joint Improvised-Threat
Defeat Organization (JIDO) in the Joint Improvised-Threat
Defeat Fund (JITDF). In addition, the fiscal year 2018 budget
request includes $97,788,000 in the Operation and
Maintenance, Defense-Wide base appropriation for the JIDO,
reflecting the transition of the activities, functions, and
resources of the Joint Improvised-Threat Defeat Agency (JIDA)
to the JIDO under the authority, direction, and control of
the Defense Threat Reduction Agency, as directed by Congress
and implemented as of September 30, 2016.
The agreement includes no funds in base or overseas
contingency operations appropriations in the JITDF. Instead,
funding for the JIDO is recommended in the Operation and
Maintenance, Defense-Wide; Procurement, Defense-Wide; and
Research, Development, Test and Evaluation, Defense-Wide
overseas contingency operations appropriations accounts only
for the purpose of allowing the Director of JIDO to
investigate, develop, and provide equipment, supplies,
services, training, facilities, personnel, and funds to
assist United States forces in the defeat of improvised
explosive devices in accordance with JIDO's fiscal year 2018
budget execution plans, as subsequently adjusted.
The Director, Office of Management and Budget, Under
Secretary of Defense (Comptroller), and Director, Cost
Assessment and Program Evaluation are directed to assist the
Director, Defense Threat Reduction Agency and Director, JIDO
to ensure a seamless transition of funding for JIDO from the
JITDF to regular appropriation accounts in fiscal year 2018
without negatively impacting the mission of JIDO. Funds still
available in the JITDF and its predecessor account, the Joint
Improvised Explosive Device Defeat Fund (JIEDDF) remain
available for execution consistent with prior year guidance.
It is expected that the JITDF and JIEDDF will be terminated
once those balances liquidate or expire, whichever comes
first.
CYBERSPACE ACTIVITIES
The Under Secretary of Defense (Comptroller), the
Department of Defense Chief Information Officer, and the
Service Secretaries are directed, with the fiscal year 2020
budget submission, to initiate the establishment of
individual cyberspace activity projects for research,
development, test and evaluation accounts; individual
cyberspace activity sub-activity groups for operation and
maintenance accounts; and individual budget line items for
procurement accounts. Funds that cross capability lines and
are more appropriately documented within non-cyberspace
activity projects, sub-activity groups, and line items may
continue to be reported as such, but should include specific
[[Page H2117]]
cyber language and resource amounts within the appropriate
non-cyberspace operation and maintenance; procurement; and
research, development, test and evaluation budget
justification material and shall be referenced in any
cyberspace justification materials. Such inclusion of cyber
activities in non-cyber projects, sub-activity groups, and
line items shall be carried out in the most limited manner as
possible to meet congressional intent.
Funding appropriated for cyberspace activities as defined
by the classified cyberspace activities information
technology investment budget request for fiscal year 2018 may
only be used for such activities. The Secretary of Defense is
directed to use normal prior approval reprogramming
procedures to obligate funding appropriated to the operation
and maintenance; procurement; or research, development, test
and evaluation accounts for cyberspace activities for any
other purpose. The Chief Information Officer is directed to
submit to the House and Senate Defense Appropriations
Subcommittees two reports not later than May 30, 2018, and
November 30, 2018, that provide the mid-year and end of
fiscal year financial obligation and execution data for
cyberspace activities for the previous and current fiscal
years.
TITLE I--MILITARY PERSONNEL
The agreement provides $133,367,397,000 in Title I,
Military Personnel, as follows:
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SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2018
-------------------------------------------------------------
Change
Fiscal year Budget Change from
2017 Request Final Bill from fiscal
authorized request year 2017
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength)
Army.......................................... 476,000 476,000 483,500 7,500 7,500
Navy.......................................... 323,900 327,900 327,900 - - - 4,000
Marine Corps.................................. 185,000 185,000 186,000 1,000 1,000
Air Force..................................... 321,000 325,100 325,100 - - - 4,100
Total, Active Forces...................... 1,305,900 1,314,000 1,322,500 8,500 16,600
Guard and Reserve Forces (End Strength)
Army Reserve.................................. 199,000 199,000 199,500 500 500
Navy Reserve.................................. 58,000 59,000 59,000 - - - 1,000
Marine Corps Reserve.......................... 38,500 38,500 38,500 - - - - - -
Air Force Reserve............................. 69,000 69,800 69,800 - - - 800
Army National Guard........................... 343,000 343,000 343,500 500 500
Air National Guard............................ 105,700 106,600 106,600 - - - 900
Total, Selected Reserve................... 813,200 815,900 816,900 1,000 3,700
-------------------------------------------------------------
Total, Military Personnel................. 2,119,100 2,129,900 2,139,400 9,500 20,300
----------------------------------------------------------------------------------------------------------------
SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2018
-------------------------------------------------------------
Change
Fiscal year Budget Change from
2017 Request Final Bill from fiscal
authorized request year 2017
----------------------------------------------------------------------------------------------------------------
Active Guard and Reserve:
Army Reserve.................................. 16,261 16,261 16,261 - - - - - -
Navy Reserve.................................. 9,955 10,101 10,101 - - - 146
Marine Corps Reserve.......................... 2,261 2,261 2,261 - - - - - -
Air Force Reserve............................. 2,955 3,588 3,588 - - - 633
Army National Guard........................... 30,155 30,155 30,155 - - - - - -
Air National Guard............................ 14,764 16,260 16,260 - - - 1,496
-------------------------------------------------------------
Total, Full-Time Support.................. 76,351 78,626 78,626 - - - 2,275
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL OVERVIEW
The agreement provides the resources required for an
additional 8,500 active forces and 1,000 selected reserve
forces, as authorized by current law and above the requested
end strength levels, in order to meet operational needs for
fiscal year 2018. The agreement also provides the funding
necessary to support a 2.4 percent pay raise for all military
personnel, as authorized, effective January 1, 2018.
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2018
appropriations accounts not later than 60 days after the
enactment of this Act.-- The Secretary of Defense is
prohibited from executing any reprogramming or transfer of
funds for any purpose other than originally appropriated
until the aforementioned report is submitted to the House and
Senate Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' military personnel accounts between budget
activities in excess of $10,000,000.
MILITARY PERSONNEL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level
tables or in paragraphs using the phrase ``only for'' or
``only to'' in the explanatory statement are congressional
special interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount as
specifically addressed in the explanatory statement. Below
Threshold Reprogrammings may not be used to either restore or
reduce funding from congressional special interest items as
identified on the DD Form 1414.
MILITARY PERSONNEL, ARMY
The agreement provides $41,628,855,000 for Military
Personnel, Army, as follows:
[[Page H2120]]
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[[Page H2121]]
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[[Page H2122]]
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[[Page H2124]]
MILITARY PERSONNEL, NAVY
The agreement provides $28,772,118,000 for Military
Personnel, Navy, as follows:
[[Page H2125]]
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[[Page H2126]]
[GRAPHIC] [TIFF OMITTED] TH220318.054
[[Page H2127]]
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[[Page H2128]]
[GRAPHIC] [TIFF OMITTED] TH220318.056
[[Page H2129]]
MILITARY PERSONNEL, MARINE CORPS
The agreement provides $13,231,114,000 for Military
Personnel, Marine Corps, as follows:
[[Page H2130]]
[GRAPHIC] [TIFF OMITTED] TH220318.057
[[Page H2131]]
[GRAPHIC] [TIFF OMITTED] TH220318.058
[[Page H2132]]
[GRAPHIC] [TIFF OMITTED] TH220318.059
[[Page H2133]]
MILITARY PERSONNEL, AIR FORCE
The agreement provides $28,790,440,000 for Military
Personnel, Air Force, as follows:
[[Page H2134]]
[GRAPHIC] [TIFF OMITTED] TH220318.060
[[Page H2135]]
[GRAPHIC] [TIFF OMITTED] TH220318.061
[[Page H2136]]
[GRAPHIC] [TIFF OMITTED] TH220318.062
[[Page H2137]]
RESERVE PERSONNEL, ARMY
The agreement provides $4,715,608,000 for Reserve
Personnel, Army, as follows:
[[Page H2138]]
[GRAPHIC] [TIFF OMITTED] TH220318.063
[[Page H2139]]
[GRAPHIC] [TIFF OMITTED] TH220318.064
[[Page H2140]]
RESERVE PERSONNEL, NAVY
The agreement provides $1,988,362,000 for Reserve
Personnel, Navy, as follows:
[[Page H2141]]
[GRAPHIC] [TIFF OMITTED] TH220318.065
[[Page H2142]]
[GRAPHIC] [TIFF OMITTED] TH220318.066
[[Page H2143]]
RESERVE PERSONNEL, MARINE CORPS
The agreement provides $764,903,000 for Reserve Personnel,
Marine Corps, as follows:
[[Page H2144]]
[GRAPHIC] [TIFF OMITTED] TH220318.067
[[Page H2145]]
[GRAPHIC] [TIFF OMITTED] TH220318.068
[[Page H2146]]
RESERVE PERSONNEL, AIR FORCE
The agreement provides $1,802,554,000 for Reserve
Personnel, Air Force, as follows:
[[Page H2147]]
[GRAPHIC] [TIFF OMITTED] TH220318.069
[[Page H2148]]
[GRAPHIC] [TIFF OMITTED] TH220318.070
[[Page H2149]]
NATIONAL GUARD PERSONNEL, ARMY
The agreement provides $8,264,626,000 for National Guard
Personnel, Army, as follows:
[[Page H2150]]
[GRAPHIC] [TIFF OMITTED] TH220318.071
[[Page H2151]]
[GRAPHIC] [TIFF OMITTED] TH220318.072
[[Page H2152]]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement provides $3,408,817,000 for National Guard
Personnel, Air Force, as follows:
[[Page H2153]]
[GRAPHIC] [TIFF OMITTED] TH220318.073
[[Page H2154]]
[GRAPHIC] [TIFF OMITTED] TH220318.074
[[Page H2155]]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $188,245,583,000 in Title II,
Operation and Maintenance, as follows:
[[Page H2156]]
[GRAPHIC] [TIFF OMITTED] TH220318.075
[[Page H2157]]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2018
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities, or between sub-activity groups in the case
of Operation and Maintenance, Defense-Wide, in excess of
$20,000,000.
The agreement establishes new reprogramming rules for
transferring funding out of readiness sub-activity groups,
which are defined as follows:
Army:
Maneuver units
Modular support brigades
Aviation assets
Land forces operations support
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Specialized skill training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Facilities sustainment, restoration, and modernization
Marine Corps:
Operational forces
Field logistics
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Depot maintenance
Facilities sustainment, restoration, and modernization
Contractor logistics support and system support
Flying hour program
Air Force Reserve:
Depot maintenance
Air National Guard:
Depot maintenance
During fiscal year 2018, the Service Secretaries are
directed to submit written notification to the congressional
defense committees not later than 30 days prior to
implementing transfers in excess of $20,000,000 out of any
readiness sub-activity if the funds will be transferred into
another readiness sub-activity. However, if funding is
transferred out of any readiness sub-activity into a non-
readiness sub-activity, the Secretary of Defense is directed
to use normal prior approval reprogramming procedures.
The Service Secretaries are further directed to include an
enclosure with each written notification that includes
increases and decreases by sub-activity group, a detailed
justification explaining why the sources of funding are
available and why the increases are necessary, and an
explanation of the impact on resources included in the fiscal
year 2019 budget request for each increase and decrease. All
transfers may be implemented 30 days after congressional
notification unless an objection is received from one of the
congressional defense committees.
Additionally, the Secretary of Defense is directed to use
normal prior approval reprogramming procedures when
implementing transfers in excess of $20,000,000 into the
following budget sub-activities:
Operation and Maintenance, Army:
Other personnel support/recruiting and advertising
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
This language replaces the language included under the
heading ``Reprogramming Guidance for Operation and
Maintenance Accounts'' in House Report 115-219.
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level
tables or in paragraphs using the phrase ``only for'' or
``only to'' in the explanatory statement are congressional
special interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount as
specifically addressed in the explanatory statement. Below
Threshold Reprogrammings may not be used to either restore or
reduce funding from congressional special interest items as
identified on the DD Form 1414.
RESTORING READINESS
The agreement provides additional readiness funds for the
Services within the operation and maintenance accounts. This
funding shall be used only to improve military readiness,
including increased training, depot maintenance, and base
operations support. None of the funding provided may be used
for recruiting, marketing, or advertising programs. The
readiness funding provided is a congressional special
interest item. The Secretary of Defense and the Service
Secretaries are directed to submit a detailed spend plan by
sub-activity group to the House and Senate Defense
Appropriations Subcommittees not less than 30 days prior to
the obligation of these funds. These transfers may be
implemented 30 days after congressional notification unless
an objection is received from either the House or Senate
Defense Appropriations Subcommittees.
OPERATION AND MAINTENANCE FLEXIBILITY
The agreement includes two adjustments for fiscal year 2018
to provide more flexibility of funding within the operation
and maintenance accounts of this bill. The changes apply to
fiscal year 2018 only and address the concerns expressed by
senior leadership of the Department of Defense to be able to
expend readiness funding within the confines of existing
controls, while still ensuring accountability of the
disbursement of taxpayer funds. These adjustments are
necessary due to the delay of the final passage of this
year's appropriation bill, combined with the large funding
increase made possible by the Bipartisan Budget Act of 2018,
which provides a stable top-line level of funding for fiscal
years 2018 and 2019.
The first adjustment for flexibility is to Section 8004,
which restricts obligations in the last two months of the
fiscal year to 20 percent. This restriction is also known as
the ``80/20 rule.'' The agreement allows for the alleviation
of the limitation by increasing the amount from 20 percent to
25 percent. This will allow the Services and the Department
more flexibility to obligate annual funds within fiscal year
2018.
The second adjustment is to reprogramming guidelines for
readiness funding. The readiness accounts identified in this
agreement under ``Reprogramming Guidance for Operation and
Maintenance Accounts'' will not require prior approval, only
notification, for realignments between identified readiness
budget lines. It is understood that realignments are required
for unforeseen operational requirements or changes due to
program cost increases or schedule delays. Commensurate with
the lifting of the realignment restrictions, for fiscal year
2018, the funding amount for the below threshold limitation
has been increased from $15,000,000 to $20,000,000.
ADDITIONAL READINESS FUNDING FOR OPERATIONS IN THE PACIFIC
The agreement includes funding for the Army and the Air
Force to begin the replenishment process in order to
accelerate readiness in the Pacific region. The increased
funding will yield greater operational readiness to forces
serving in the Pacific area of responsibility, specifically
in the Republic of Korea, by investing in additional
training, equipment, and supplies. This funding is a
congressional special interest item. The Secretary of the
Army and the Secretary of the Air Force are directed to
submit a detailed spend plan by sub-activity group to the
House and Senate Defense Appropriations Subcommittees not
less than 30 days prior to the obligation of these funds.
MAINTENANCE OF REAL PROPERTY
The Under Secretary of Defense (Acquisition and
Sustainment), in conjunction with the Service Secretaries, is
directed to submit a report to the congressional defense
committees not later than 180 days after the enactment of
this Act that outlines the total real property with a zero
percent utilization rate of five years or more currently
accounted for in the Department of Defense real property
inventory database and assesses the feasibility of conveying
or selling this property.
DRINKING WATER CONTAMINATION
The Secretary of Defense is directed to provide quarterly
reports to the congressional defense committees on the extent
of the per- and polyfluoroalkyl substances contamination in
drinking water problem, plans for community notification, and
procedures for timely remediation.
BOARDS FOR CORRECTION OF MILITARY RECORDS
The Secretary of Defense, in consultation with the Service
Secretaries, is directed to submit a complete needs
assessment of each Board for Correction of Military Records
to the congressional defense committees not later than 180
days after the enactment of this Act.
REPORT ON EDUCATIONAL OPPORTUNITIES IN SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS
The Secretary of Defense is directed to submit a report to
the congressional defense committees, not later than two
years after the enactment of this Act, that describes and
assesses current Department of Defense programs to improve
opportunities for Science, Technology, Engineering, and
Mathematics (STEM) education for military children and
efforts to increase opportunities and achievement in STEM
education for military children.
ARMS SALES IMPACT ON INTERNATIONAL HUMANITARIAN LAW
The Secretary of Defense, in coordination with the
Secretary of State, is directed to conduct an assessment on
whether United States-supplied defense articles and services
have contributed to violations of human rights by recipient
countries in the past three years. A report detailing the
assessment shall be provided to the congressional defense
committees not later than 180 days after the enactment of
this Act.
[[Page H2158]]
OPERATION AND MAINTENANCE, ARMY
The agreement provides $38,816,957,000 for Operation and
Maintenance, Army, as follows:
[[Page H2159]]
[GRAPHIC] [TIFF OMITTED] TH220318.076
[[Page H2160]]
[GRAPHIC] [TIFF OMITTED] TH220318.077
[[Page H2161]]
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[GRAPHIC] [TIFF OMITTED] TH220318.080
[[Page H2164]]
OPERATION AND MAINTENANCE, NAVY
The agreement provides $45,384,353,000 for Operation and
Maintenance, Navy, as follows:
[[Page H2165]]
[GRAPHIC] [TIFF OMITTED] TH220318.081
[[Page H2166]]
[GRAPHIC] [TIFF OMITTED] TH220318.082
[[Page H2167]]
[GRAPHIC] [TIFF OMITTED] TH220318.083
[[Page H2168]]
[GRAPHIC] [TIFF OMITTED] TH220318.084
[[Page H2169]]
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[[Page H2170]]
[GRAPHIC] [TIFF OMITTED] TH220318.086
[[Page H2171]]
NAVAL SHIPYARD APPRENTICE PROGRAM
The Secretary of the Navy is directed to induct classes of
not fewer than 100 apprentices at each of the respective
naval shipyards.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement provides $6,605,546,000 for Operation and
Maintenance, Marine Corps, as follows:
[[Page H2172]]
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[[Page H2173]]
[GRAPHIC] [TIFF OMITTED] TH220318.088
[[Page H2174]]
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[[Page H2175]]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $39,544,193,000 for Operation and
Maintenance, Air Force, as follows:
[[Page H2176]]
[GRAPHIC] [TIFF OMITTED] TH220318.090
[[Page H2177]]
[GRAPHIC] [TIFF OMITTED] TH220318.091
[[Page H2178]]
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[[Page H2179]]
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[[Page H2180]]
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[[Page H2181]]
investing in squadron innovation
Fostering a culture of innovation at the squadron command
level to outpace the efforts of competitors in a more complex
and dangerous international security environment is a top
priority of the Chief of Staff of the Air Force. The vision
is to designate specific resources to spur original, creative
thinking by airmen to solve unit, wing, and day-to-day issues
and readiness challenges. In support of these efforts, the
Secretary of the Air Force may spend up to $64,100,000 of
fiscal year 2018 operation and maintenance funding to
encourage this type of innovation across the active, guard,
and reserve components. In order to assess this investment,
the Secretary of the Air Force is directed to provide a
briefing to the House and Senate Defense Appropriations
Subcommittees not later than September 30, 2018, that shall
include, but not be limited to, squadron innovation funding
execution details; examples of successful innovative ideas;
lessons learned; and a determination of whether or not
funding beyond fiscal year 2018 will be pursued.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $34,059,257,000 for Operation and
Maintenance, Defense-Wide, as follows:
[[Page H2182]]
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[[Page H2183]]
[GRAPHIC] [TIFF OMITTED] TH220318.096
[[Page H2184]]
[GRAPHIC] [TIFF OMITTED] TH220318.097
[[Page H2185]]
[GRAPHIC] [TIFF OMITTED] TH220318.098
[[Page H2186]]
[GRAPHIC] [TIFF OMITTED] TH220318.099
[[Page H2187]]
SPECIAL OPERATIONS COMMAND BUDGET EXECUTION
The consistent realignment of the Special Operations
Command's operation and maintenance funding during the year
of execution is concerning. The agreement directs the
Secretary of Defense to submit a baseline report that shows
the Special Operations Command's operation and maintenance
funding by sub-activity group for the fiscal year 2018
appropriation not later than 60 days after the enactment of
this Act. The Secretary of Defense is further directed to
submit quarterly execution reports to the congressional
defense committees not later than 45 days after the end of
each fiscal quarter that addresses the rationale for the
realignment of any funds within and between budget sub-
activities and the movement of any base funds used to support
Overseas Contingency Operations. Finally, the Secretary of
Defense is directed to notify the congressional defense
committees 30 days prior to the realignment of funds in
excess of $20,000,000 between sub-activity groups. This
language replaces the language included under the heading
``Special Operations Command Budget Execution'' in House
Report 115-219.
SPECIAL OPERATIONS COMMAND OPERATION AND MAINTENANCE BUDGET
JUSTIFICATION
The agreement directs the Commander of the Special
Operations Command (SOCOM), in coordination with the Under
Secretary of Defense (Comptroller) and the Assistant
Secretary of Defense (Special Operations/Low-Intensity
Conflict), to submit a report that provides a detailed
proposal on how to restructure and formalize the budget
formulation and execution of the SOCOM budget by sub-activity
group. This report shall also address how the proposed
restructure will improve visibility of the SOCOM budget and
execution and shall be submitted to the House and Senate
Defense Appropriations Subcommittees not later than 90 days
after the enactment of this Act.
WOMEN'S MILITARY SERVICE MEMORIALS AND MUSEUMS
The agreement fully funds Women's Military Service
Memorials and Museums at $5,000,000, as requested in fiscal
year 2018.
PROHIBITED INGREDIENTS
The Department's focus on ensuring that servicemembers are
provided healthy, nutritious food is an important part of
military readiness. The Defense Logistics Agency's (DLA)
recent notice regarding certain prohibited ingredients lacked
stakeholder input and was rightfully rescinded. Efforts by
DLA to work with industry to assess the impact of reducing or
eliminating certain ingredients is an important first step.
However, concerns remain about the lack of transparency and
scientific justification for restricting certain ingredients.
Prior to obligating funding to enact guidance on prohibited
ingredients, the Director of DLA is directed to publish
scientific justification for DLA's August 2017 notice titled
``Request for Disclosure Regarding Prohibited Ingredients'';
establish a plan to provide transparent scientific
justification; and seek input from a broad group of
stakeholders including the Department of Agriculture and the
Department of Health and Human Services in accordance with
the National Nutrition Monitoring and Related Research Act of
1990 (PL 101-445; 7 U.S.C. 5301 et seq.) on all future
nutrition, food or ingredient changes. The Director of DLA is
also directed to provide notification to the congressional
defense subcommittees of the agency's plans to implement the
above requirements.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement provides $2,877,104,000 for Operation and
Maintenance, Army Reserve, as follows:
[[Page H2188]]
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[[Page H2189]]
[GRAPHIC] [TIFF OMITTED] TH220318.101
[[Page H2190]]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement provides $1,069,707,000 for Operation and
Maintenance, Navy Reserve, as follows:
[[Page H2191]]
[GRAPHIC] [TIFF OMITTED] TH220318.102
[[Page H2192]]
[GRAPHIC] [TIFF OMITTED] TH220318.103
[[Page H2193]]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement provides $284,837,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
[[Page H2194]]
[GRAPHIC] [TIFF OMITTED] TH220318.104
[[Page H2195]]
[GRAPHIC] [TIFF OMITTED] TH220318.105
[[Page H2196]]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement provides $3,202,307,000 for Operation and
Maintenance, Air Force Reserve, as follows:
[[Page H2197]]
[GRAPHIC] [TIFF OMITTED] TH220318.106
[[Page H2198]]
[GRAPHIC] [TIFF OMITTED] TH220318.107
[[Page H2199]]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement provides $7,284,170,000 for Operation and
Maintenance, Army National Guard, as follows:
[[Page H2200]]
[GRAPHIC] [TIFF OMITTED] TH220318.108
[[Page H2201]]
[GRAPHIC] [TIFF OMITTED] TH220318.109
[[Page H2202]]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement provides $6,900,798,000 for Operation and
Maintenance, Air National Guard, as follows:
[[Page H2203]]
[GRAPHIC] [TIFF OMITTED] TH220318.110
[[Page H2204]]
[GRAPHIC] [TIFF OMITTED] TH220318.111
[[Page H2205]]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $14,538,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $235,809,000, an increase of
$20,000,000 above the budget request, for Environmental
Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $365,883,000, an increase of
$84,468,000 above the budget request, for Environmental
Restoration, Navy. Specifically, $42,234,000 is provided as a
general program increase and $42,234,000 is provided to
address costs associated with remediating contamination
caused by perfluorinated chemicals.
VIEQUES AND CULEBRA ENVIRONMENTAL RESTORATION
The agreement retains the language included under the
heading ``Vieques and Culebra Environmental Restoration'' in
House Report 115-219; however, the Secretary of the Navy is
directed to provide the report on Vieques and the Secretary
of the Army is directed to provide the report on Culebra.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $352,549,000, an increase of
$58,800,000 above the budget request, for Environmental
Restoration, Air Force. Specifically, $15,000,000 is provided
as a general program increase and $43,800,000 is provided to
address costs associated with remediating contamination
caused by perfluorinated chemicals.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $19,002,000, an increase of
$10,000,000 above the budget request, for Environmental
Restoration, Defense-Wide. The increase is provided to
address health screenings related to contaminated water.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $248,673,000, an increase of
$40,000,000 above the budget request, for Environmental
Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $129,900,000, an increase of
$25,000,000 above the budget request, for Overseas
Humanitarian, Disaster, and Civic Aid. Specifically,
$10,000,000 is provided as a program increase for the
Humanitarian Mine Action Program, of which $7,000,000 is for
activities in Southeast Asia, and $15,000,000 is provided as
a program increase for Humanitarian Assistance, South China
Sea regional engagement.
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $350,000,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
Strategic Offensive Arms Elimination.... 12,188 12,188
Chemical Weapons Destruction............ 5,000 5,000
Global Nuclear Security................. 17,887 43,287
Program increase--Global Nuclear 25,400
Security...............................
Cooperative Biological Engagement....... 172,753 172,753
Proliferation Prevention................ 89,792 89,792
Other Assessments/Admin Costs........... 26,980 26,980
-------------------------------
Total, Cooperative Threat Reduction 324,600 350,000
Account............................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITON WORKFORCE DEVELOPMENT FUND
The agreement provides $500,000,000 for the Department of
Defense Acquisition Workforce Development Fund, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
TRAINING AND DEVELOPMENT................ 0 279,868
RETENTION AND RECOGNITION............... 0 19,907
RECRUITING AND HIRING................... 0 200,225
-------------------------------
Total, Department of Defense 0 500,000
Acquisition Workforce Development
Fund...............................
------------------------------------------------------------------------
BUDGETING FOR THE DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
To restore program and funding stability for the Department
of Defense acquisition workforce, while retaining its unique
authorities to ensure the Department of Defense has the
capacity in both personnel and skills needed to perform its
acquisition mission, the agreement provides a direct
appropriation of $500,000,000 for the Department of Defense
Acquisition Workforce Development Fund (DAWDF). As with the
President's budget request for fiscal year 2019, the Under
Secretary of Defense (Comptroller) is expected to follow this
budgeting approach in future budget submissions.
The Under Secretary of Defense (Acquisition and
Sustainment) is directed to submit a report to the
congressional defense committees not later than 90 days after
the enactment of this Act that identifies all budgeted costs
for the Department of Defense acquisition workforce by fiscal
year and funding category across the future years defense
program in the DAWDF, as well as in regular operation and
maintenance and research, development, test and evaluation
accounts. In addition, the Under Secretary of Defense
(Acquisition and Sustainment) is directed to identify to the
congressional defense committees the costs budgeted to pay
the salaries of personnel to manage the DAWDF, per Section
843 of the National Defense Authorization Act for Fiscal Year
2018; to provide a cost estimate for the proposed Program
Manager Development Program, per Section 841 of the National
Defense Authorization Act for Fiscal Year 2018; and to
identify any unfunded fiscal year 2019 requirements for the
Department of Defense acquisition workforce.
REPORTING REQUIREMENTS RELATING TO THE ACQUISITION WORKFORCE
The Secretary of Defense is directed to provide the
comprehensive plan required in accordance with Section 841 of
the National Defense Authorization Act for Fiscal Year 2018
to the House and Senate Defense Appropriations Subcommittees
as well as the Committees on Armed Services of the Senate and
the House of Representatives. In addition, the report to be
submitted by the Under Secretary of Defense (Acquisition and
Sustainment) to the Committees on Armed Services of the
Senate and the House of Representatives in accordance with
Section 843(c) of the National Defense Authorization Act for
Fiscal Year 2018 shall also be provided to the House and
Senate Defense Appropriations Subcommittees.
TITLE III--PROCUREMENT
The agreement provides $133,868,632,000 in Title III,
Procurement, as follows:
[[Page H2206]]
[GRAPHIC] [TIFF OMITTED] TH220318.112
[[Page H2207]]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in the explanatory
statement are congressional special interest items for the
purpose of the Base for Reprogramming (DD Form 1414). Each of
these items must be carried on the DD Form 1414 at the stated
amount as specifically addressed in the explanatory
statement.
ARSENAL SUSTAINMENT INITIATIVE
The agreement supports ongoing efforts of the Department of
the Army to develop the Army Organic Industrial Base
Strategy. This process is identifying manufacturing
capabilities at each organic industrial facility that are
critical for the country to sustain in wartime and peacetime
if the military is called to action. However, there are
concerns that while the Army Organic Industrial Base Strategy
is identifying capabilities, they have not been prioritized
in annual budget requests to Congress. In particular, the
Nation's arsenals are at risk of not having the capacity to
respond rapidly to meet the Department's needs. Addressing
this concern, in comments the Army provided to the Government
Accountability Office (GAO) in advance of its December 2015
report, ``Actions Needed to Identify and Sustain Critical
Capabilities,'' the Army concurred with the GAO's
recommendation that it must issue ``clear and detailed
implementation guidance, such as an instruction or guidebook,
on the process for conducting make-or-buy analysis in a
consistent manner.'' The Secretary of the Army is directed to
issue such guidance as soon as possible. Further, the
Secretary of the Army is directed to assign the arsenals
sufficient workload to maintain the critical capabilities
identified in the Army Organic Industrial Base Strategy
Report and ensure cost efficiency and technical competence in
peacetime, while preserving the ability to provide an
effective and timely response to mobilizations, national
defense contingency situations, and other emergency
requirements. Additionally, it is noted that the
congressional defense committees have not received detailed
recommendations from the Secretary of Defense on how the Air
Force, Navy, and Marine Corps can better use the arsenals for
their manufacturing needs, or what opportunities may exist
for the arsenals to assist the Services and the Defense
Logistics Agency to procure spare parts, as required by
Senate Report 114-63.
ARMY ORGANIC INDUSTRIAL BASE
The Secretary of the Army is directed to provide written
notification to the congressional defense committees not
fewer than 45 days prior to the Secretary approving civilian
reductions in force that will result in an employment loss of
50 or more full-time employees at any Army organic industrial
base facility.
AIRCRAFT PROCUREMENT, ARMY
The agreement provides $5,535,794,000 for Aircraft
Procurement, Army, as follows:
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UH-60 BLACK HAWK
The agreement includes funding for 56 UH-60 Black Hawk M
models, an increase of eight aircraft above the budget
request. Of the 48 aircraft funded within the budget request,
12 are designated only for the Army National Guard. In
addition, the eight aircraft included above the budget
request are designated only for the Army National Guard.
MISSILE PROCUREMENT, ARMY
The agreement provides $3,196,910,000 for Missile
Procurement, Army, as follows:
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PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement provides $4,391,573,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
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PROCUREMENT OF AMMUNITION, ARMY
The agreement provides $2,548,740,000 for Procurement of
Ammunition, Army, as follows:
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OTHER PROCUREMENT, ARMY
The agreement provides $8,298,418,000 for Other
Procurement, Army, as follows:
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GROUND MOBILITY VEHICLE
The Army plan to procure a limited quantity of ground
mobility vehicles (GMV) for use by airborne brigades raises
concerns due to the high unit cost of the existing vehicles.
However, due to the urgent requirement and the advanced stage
of the Special Operations Command GMV program, the agreement
includes full funding for this program and supports the
interim acquisition strategy for 295 A-GMV 1.1 vehicles for
fielding to conventional Army airborne brigades and 317 GMV
1.1 vehicles for fielding to the United States Army Special
Operations Command. However, it is noted that a comparison of
GMV unit cost targets proposed by the Army against actual
unit costs contained in other Department of Defense contracts
indicates that a developmental vehicle may cost more per unit
than available non-development vehicles.-- Therefore, the
Secretary of the Army is directed to conduct a full and open
competition for procurement of the remaining vehicles that
satisfy the airborne brigade requirement.
HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLE MODERNIZATION
Important safety technologies like Antilock Brake Systems
(ABS) and Electronic Stability Control (ESC) play a critical
role on the High Mobility Multipurpose Wheeled Vehicle
(HMMWV) fleet. The agreement supports the incorporation of
ABS/ESC into the HMMWV new production process and the HMMWV
modernization process for active, reserve, and National Guard
components. To ensure proper quality control during the ABS/
ESC installation process for new and enduring active,
reserve, and National Guard HMMWVs, the Secretary of the Army
is directed to ensure that installation of ABS on all HMMWVs
shall be performed during the HMMWV new production process or
the HMMWV modernization process, when the HMMWV produced is
new, or returned to a zero-hour, zero-mile, like-new
condition.
AIRCRAFT PROCUREMENT, NAVY
The agreement provides $19,957,380,000 for Aircraft
Procurement, Navy, as follows:
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NAVY STRIKE FIGHTER INVENTORY SHORTFALL
The Secretary of the Navy is directed to provide a report
to the congressional defense committees not later than 90
days after the enactment of this Act on the status of the
Navy's strike fighter inventory shortfall. The report should
address all investment, modernization, and sustainment
efforts that impact the strike fighter inventory shortfall,
including the Legacy Hornet modernization effort, the plan to
modernize the Super Hornet fleet to a Block III
configuration, trends in the utilization and demand of the
current F-18 fleet, and the long-term plans to procure F-35C
and MQ-25 aircraft.
WEAPONS PROCUREMENT, NAVY
The agreement provides $3,510,590,000 for Weapons
Procurement, Navy, as follows:
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement provides $804,335,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
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SHIPBUILDING AND CONVERSION, NAVY
The agreement provides $23,824,738,000 for Shipbuilding and
Conversion, Navy, as follows:
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DDG-51 DESTROYER
The agreement provides $3,357,079,000 for the procurement
of two DDG-51 Arleigh Burke class Flight III guided missile
destroyers. The Director of Cost Assessment and Program
Evaluation is directed to provide an updated independent cost
estimate for the DDG-51 multi-year procurement program to the
congressional defense committees not later than 90 days after
the enactment of this Act.
OTHER PROCUREMENT, NAVY
The agreement provides $7,941,018,000 for Other
Procurement, Navy, as follows:
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PROCUREMENT, MARINE CORPS
The agreement provides $1,942,737,000 for Procurement,
Marine Corps, as follows:
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AIRCRAFT PROCUREMENT, AIR FORCE
The agreement provides $18,504,556,000 for Aircraft
Procurement, Air Force, as follows:
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F-15 INFRARED SEARCH AND TRACK
The Secretary of the Air Force is directed not to obligate
funds provided for F-15 infrared search and track pods until
15 days after the Secretary of the Air Force submits to the
congressional defense committees a report certifying that the
pods to be procured will meet or exceed the threshold
parameters identified in the report submitted pursuant to
Section 219 of the National Defense Authorization Act for
Fiscal Year 2016. This report may be submitted in classified
form.
B-2 ANTISKID CONTROL UNIT AND BRAKING SYSTEM
The Secretary of the Air Force is directed to provide a
report to the congressional defense committees not later than
90 days after the enactment of this Act on the condition of
B-2 brake systems and a timeline to either replace the entire
brake system or replace parts that are no longer available,
in short supply, or obsolete.
MISSILE PROCUREMENT, AIR FORCE
The agreement provides $2,207,747,000 for Missile
Procurement, Air Force, as follows:
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SPACE PROCUREMENT, AIR FORCE
The agreement provides $3,552,175,000 for Space
Procurement, Air Force, as follows:
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SPACE ACQUISITION STRATEGY
In early 2017, the Office of Cost Assessment and Program
Evaluation (CAPE) provided an analysis of national security
space acquisition that found a troubling pattern of near-
simultaneous recapitalization of almost every Department of
Defense satellite system. The analysis showed a dramatic
decrease in spending on space research and development
following recapitalization that resulted in a reduction of
scientists and engineers at major satellite contractors in
the following decade. This industrial base decline, in turn,
resulted in even higher costs during the next
recapitalization phase as contractors and the government had
to rebuild a skilled workforce for several satellite
architectures concurrently.
There is a concern that the Air Force is about to embark on
another near-simultaneous recapitalization of its space
architecture as it plans for new development in space
situation awareness; positioning, navigation, and timing;
weather; missile warning; wideband communications; and
protected communications. In light of the CAPE analysis and
future budget constraints, the Secretary of the Air Force is
directed to provide a report to the congressional defense
committees not later than 60 days after the enactment of this
Act, that examines the recapitalization plans for the major
systems noted above, certifies that decisions to recapitalize
versus continue production of current designs pose acceptable
risks to constellation sustainment and the acquisition
workforce, and considers budgetary constraints.
SPACE BASED INFRARED SYSTEM
Following submission of the fiscal year 2018 budget
request, the Air Force changed its acquisition strategy for
overhead persistent infrared (OPIR) missile warning systems.
The fiscal year 2018 budget request included $132,400,000 for
advance procurement for the next block of Space Based
Infrared System (SBIRS) satellites. The agreement reduces
this amount by $50,000,000 and transfers the remaining
$82,400,000 to a new program, Next Generation OPIR, in
Research, Development, Test and Evaluation, Air Force, so
that the Air Force can begin development of a new system that
will provide resiliency upgrades, payload modernization, and
other enhancements.
The agreement also transfers $173,584,000 from SBIRS High
and $71,018,000 from Evolved SBIRS, both in Research,
Development, Test and Evaluation, Air Force, to fund the Next
Generation OPIR program. However, there is a concern that the
OPIR acquisition strategy was still undefined well into
fiscal year 2018 and that the new acquisition strategy,
including a spend plan, has yet to be formally briefed to the
congressional defense committees. Therefore, OPIR is
designated as a congressional special interest item and the
Secretary of the Air Force is directed to submit an
acquisition plan, to include cost and schedule estimates, to
the congressional defense committees not later than 30 days
after the enactment of this Act. The Secretary of the Air
Force is also directed to provide quarterly briefings to the
congressional defense committees detailing progress against
cost and schedule milestones.
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement provides $1,651,977,000 for Procurement of
Ammunition, Air Force, as follows:
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OTHER PROCUREMENT, AIR FORCE
The agreement provides $20,503,273,000 for Other
Procurement, Air Force, as follows:
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PROCUREMENT, DEFENSE-WIDE
The agreement provides $5,429,270,000 for Procurement,
Defense-Wide, as follows:
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DEFENSE PRODUCTION ACT PURCHASES
The agreement provides $67,401,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES........ 37,401 67,401
Program increase.................... .............. 30,000
-------------------------------
TOTAL, DEFENSE PRODUCTION ACT 37,401 67,401
PURCHASES......................
------------------------------------------------------------------------
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $88,308,133,000 in Title IV,
Research, Development, Test and Evaluation, as follows:
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REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in the explanatory
statement are congressional special interest items for the
purpose of the Base for Reprogramming (DD Form 1414). Each of
these items must be carried on the DD Form 1414 at the stated
amount as specifically addressed in the explanatory
statement.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement provides $10,647,426,000 for Research,
Development, Test and Evaluation, Army, as follows:
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ARMORED MULTI-PURPOSE VEHICLE
To ensure that Armored Multi-Purpose Vehicles are
operationally effective before deploying to theater, the
Secretary of the Army is encouraged to accelerate testing.
The Secretary of the Army is directed to provide a report to
the congressional defense committees not later than 90 days
after the enactment of this Act on the results of vehicle
testing to date and an explanation of why vehicles are being
procured in significant quantities prior to initial
operational test and evaluation, currently scheduled for the
second quarter of fiscal year 2021.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement provides $18,010,754,000 for Research,
Development, Test and Evaluation, Navy, as follows:
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RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION
The fiscal year 2018 President's budget request contains
$162,000,000 in Research, Development, Test and Evaluation,
Navy lines 29, 36, and 78 for several Rapid Prototyping,
Experimentation and Demonstration (RPED) projects designated
as ``Accelerated Acquisitions for the Rapid Development,
Demonstration and Fielding of Capability'' by the Chief of
Naval Operations and the Assistant Secretary of the Navy
(Research, Development and Acquisition). Subsequent to the
budget submission, the Navy identified additional funding
requirements of $121,000,000 for these projects that have
been addressed via below threshold reprogramming authority,
above threshold reprogramming authority, and additional funds
recommended in this Act.
The Secretary of the Navy and the Chief of Naval Operations
are directed to provide timely and complete communication to
the House and Senate Defense Appropriations Subcommittees
regarding RPED projects, to include cost, schedule, progress
against previously identified objectives, and transition
plans. Several factors will be considered when reviewing each
project: requirements, technology and manufacturing
readiness, cost, schedule, performance, test results, and
transition plans. Funding recommendations will then be
adjusted accordingly. Further, there are concerns that
projects are being selected without a full understanding of
the technological complexity to achieve desired capabilities.
Therefore, the Chief of Naval Operations and the Assistant
Secretary of the Navy (Research, Development and Acquisition)
are directed to consult with the Director, Operational Test
and Evaluation regarding accelerated modeling, simulation,
and testing required to achieve and demonstrate defined
capabilities prior to the selection of an RPED project, to
establish an agreed-upon test plan and to identify full
funding requirements.
COSTS OF ENGINEERING CHANGE PROPOSALS FOR MISSILE PROGRAMS
The fiscal year 2018 President's budget request includes no
less than $101,000,000 for five development efforts the Navy
plans to incorporate into Tomahawk missiles through a series
of engineering change proposals during the missiles'
recertification process. The development of these
modernization initiatives is budgeted at close to
$900,000,000 over the next five years, and incorporating
these efforts into production will significantly increase the
unit cost of the Tomahawk missile.
While recognizing the need to modernize weapons systems
through incremental upgrades, there is concern that the Navy
historically has failed to recognize and budget for the full
cost of developing and procuring missile upgrades through
engineering change proposals upfront. As a result, when
previously funded engineering change proposals transitioned
from development to production, the Navy has had to reduce
planned procurement quantities due to higher than budgeted
cost. This has resulted in reduced capacity in at least two
other families of missiles. The Assistant Secretary of the
Navy (Research, Development and Acquisition) is directed to
provide a report to the congressional defense committees not
later than 60 days after the enactment of this Act after
conducting a review of the Navy's acquisition practices for
engineering change proposals in all its missile programs, to
include cost estimating, and to explore measures on how to
inject competition into modernization efforts in sole source
acquisitions.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement provides $37,428,078,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
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CIVILIAN PERSONNEL
The agreement supports the Air Force proposal to transfer
civilian personnel costs of the acquisition workforce from
the Operation and Maintenance, Air Force account to the
Research, Development, Test and Evaluation, Air Force
account. To ensure visibility and appropriate execution, the
Secretary of the Air Force is directed to submit an annual
report on all civilian personnel (not limited to the
acquisition workforce) related funding in the Research,
Development, Test and Evaluation, Air Force account by
program element. The report shall include the budgeted number
of civilian full time equivalents (FTEs) and the related
funding programmed in the current fiscal year and annually
for the next five fiscal years; the number of actual civilian
FTEs and the related funding executed in current and previous
fiscal years; an explanation of all below and above threshold
reprogrammings involving civilian personnel funding; and the
impact on staffing and effectiveness of the acquisition
programs. The report shall be submitted to the congressional
defense committees not later than 90 days after the end of
each fiscal year.
DISTRIBUTED COMMON GROUND SYSTEMS
Several deficiencies exist within the Air Force's globally
networked intelligence, surveillance, and reconnaissance
enterprise, referred to as Distributed Common Ground Systems
(DCGS). First, the enterprise is excessively stove-piped
which makes it difficult for the warfighter to provide
integrated products that incorporate different types of
intelligence from weapon systems across different levels of
classification. Second, the enterprise is not survivable
against cyber threats. Third, the enterprise comprises eight
separate acquisition programs, all of which are in the
sustainment phase despite new capabilities being regularly
tested and fielded. The Secretary of the Air Force is
directed to submit a report to the congressional defense
committees not later than 90 days after the enactment of this
Act on a DCGS modernization roadmap, to include a plan to
accelerate the transition of the eight acquisition programs
and all planned capabilities to an open architecture; a plan
to achieve cyber security for the DCGS enterprise; a summary
by appropriation of funding to sustain, develop, test, and
field capabilities; and opportunities to use agile software
development practices.
JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM RECAPITALIZATION
In February 2018, the Air Force detailed its new position
to Congress to terminate the Joint Surveillance Target Attack
Radar System (JSTARS) recapitalization program and pursue
alternatives. Despite years of affirmations to Congress on
the need to pursue JSTARS recapitalization and an ongoing
source selection process, the Air Force asserts that the
program will not be viable in future contested environments
and lacks compelling improvements over legacy capabilities.
The proposal to cancel JSTARS recapitalization, pursue
alternatives, and ensure no duplication between efforts
requires careful consideration by Congress through the fiscal
year 2019 budget process. Therefore, the agreement provides
$405,451,000 for JSTARS recapitalization and designates this
funding as a congressional special interest item. The
Secretary of the Air Force is directed to neither transfer
the funding from JSTARS recapitalization, nor utilize these
funds for any purpose other than the JSTARS recapitalization
program of record as presented with the fiscal year 2018
budget request, unless the congressional defense committees
receive and approve a prior approval reprogramming request.
The Secretary of Defense is directed to submit a report to
the congressional defense committees not later than 90 days
after the enactment of this Act that addresses the following:
the plan for divestment of the current E-8C JSTARS fleet and
options for sustaining the fleet at a level above that plan;
whether it is technically feasible to address concerns
regarding the survivability of the JSTARS recapitalization
platform by changing system attributes or performance
parameters (such as radar range and size, weight, power and
cooling margin); the cost and schedule of alternatives to
JSTARS recapitalization that are funded in the fiscal year
2019 budget submission and accompanying future years defense
plan; and the cost and schedule to procure additional weapon
systems (including Army and Navy systems) that can fulfill
mission requirements similar to those performed by JSTARS in
order to prevent loss of capacity to support the combatant
commanders.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement provides $22,010,975,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
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MISSILE DEFENSE AGENCY--SEA-BASED X-BAND RADAR
Pursuant to section 1684 of the National Defense
Authorization Act for Fiscal Year 2016, the Director, Missile
Defense Agency (MDA), is reviewing possible basing locations
for a Sea-Based X-Band Radar (SBX) in the Atlantic.-- The
Director, MDA is encouraged to consult with the Secretary of
the Navy to avoid homeport sites that negatively impact
national defense infrastructure and priorities, including
United States naval operations such as ship and submarine
maintenance activities at public shipyards. Further, the
Director, MDA and the Secretary of the Navy are directed to
include in the forthcoming report an evaluation of potential
impacts to public shipyards, as well as mitigation strategies
and associated joint costs, for each Atlantic SBX radar
location under consideration.
TRUSTED MICROELECTRONICS
The Under Secretary of Defense (Research and Engineering)
and the Under Secretary of Defense (Acquisition and
Sustainment) are directed to provide a joint report to the
congressional defense committees not later than 90 days after
the enactment of this Act which defines the scope of the
microelectronics challenges the Department of Defense faces;
confirms that the United States has adequate infrastructure
to provide legacy and future chip needs for weapons systems
and what resources are required to provide for that
infrastructure; and lists the testing protocols that the
Department is utilizing to ensure current microelectronics
have achieved security assurance.-- The report shall also
identify policy concerns to ensure the Department of Defense
complies sufficiently in conducting the national security
mission.
STRATEGIC CAPABILITIES OFFICE
The agreement provides $1,183,506,000 for the Strategic
Capabilities Office (SCO). The Under Secretary of Defense
(Research and Engineering) is directed to provide a report to
the congressional defense committees not later than 90 days
after the enactment of this Act on the Department's plan to
preserve the ability of SCO to respond to combatant
commanders' critical needs and to augment efforts across the
Department with respect to strategic capabilities development
with new layers of oversight between the Director of SCO and
the Secretary of Defense.
PROJECT MAVEN
The agreement provides $100,000,000 to enhance the efforts
of the Algorithmic Warfare Cross-Functional Team on Project
Maven and designates Project Maven and its activities to date
as a congressional special interest item. The Under Secretary
of Defense (Intelligence) is directed to provide a spend plan
for Project Maven not later than 30 days after the enactment
of this Act to the congressional defense committees. Further,
the Under Secretary of Defense (Intelligence), the Under
Secretary of Defense (Research and Engineering), and the
Department of Defense Chief Information Officer are directed
to provide an artificial intelligence and machine learning
framework for the Department of Defense, and specifically
cite the activities of the Services, the Defense Advanced
Research Projects Agency, combat support agencies, and
laboratories funded in this Act, to the congressional defense
committees not later than 90 days after the enactment of this
Act. The framework should include an overview of all formal
artificial intelligence, machine learning, and big data
activities; the amounts enacted in the fiscal year 2018
budget; the amounts included in the fiscal year 2019 budget
request; and the costs to complete the initial phases of
these activities. The framework should prioritize these
efforts based on cost and impact to the enterprise and
clearly identify how each works together to advance the
Department's ability to leverage artificial intelligence and
machine learning technologies. Finally, the framework should
delineate which activities align with one or more of the
following focus areas at a minimum: vision, text, speech,
cybersecurity, situational awareness including social media,
and enterprise.
CLOUD COMPUTING
The Department of Defense seeks to accelerate and
streamline the acquisition of cloud computing services at
multiple security levels across the Department in an effort
to provide the benefits of cloud computing while reducing
management and administrative burdens. The Department, under
the direction of the Deputy Secretary of Defense, created the
Cloud Executive Steering Group to oversee this effort,
referred to as the Joint Enterprise Defense Infrastructure
(JEDI). This effort would be a tailored acquisition for
commercial cloud services that could be a single award
indefinite delivery/indefinite quantity contract for a period
of up to ten years. There are concerns about the proposed
duration of a single contract, questions about the best value
for the taxpayer, and how to ensure the highest security is
maintained.
Therefore, the Secretary of Defense is directed to provide
a report to the congressional defense committees not later
than 60 days after the enactment of this Act detailing a
framework for all Department entities, to include combat
support agencies, to acquire cloud computing services
including standards, best practices, contract types, and exit
strategies to ensure government flexibility as requirements
evolve. The report should also include justification, to
include cost considerations, for executing a single award
contract rather than creating an infrastructure capable of
storing and sharing data across multiple cloud computing
service providers concurrently, to include data migration and
middleware costs.
In addition, not later than 45 days after the enactment of
this Act, the Deputy Secretary of Defense is directed to
provide a report on the JEDI cloud computing services
contract request for proposals (RFP) to the congressional
defense committees. The report shall include the following:
the amounts requested in the fiscal year 2018 and 2019 budget
for this and all other cloud computing services acquisitions
by appropriation; the fiscal year 2019 future years defense
program levels for cloud computing services; identification
and justification for acquisitions where ``other
transactional authorities'' will be utilized; certification
from the Department of Defense Chief Information Officer that
each of the military Services, the combatant commands,
Defense Information Systems Agency, and the Chief Information
Officers of each of the Services have been consulted during
the drafting of the RFP; provisions within the contract to
ensure security is maintained over the period of the
contract; and provisions for mitigation actions if the
commercial entity were to provide services to or be acquired
by a foreign entity or government.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement provides $210,900,000 for Operational Test
and Evaluation, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Final
Request Bill
------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION..................... 83,503 83,503
LIVE FIRE TESTING................................... 59,500 59,500
OPERATIONAL TEST ACTIVITIES AND ANALYSIS............ 67,897 67,897
TOTAL, OPERATIONAL TEST & EVALUATION, DEFENSE... 210,900 210,900
------------------------------------------------------------------------
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $1,685,596,000 in Title V, Revolving
and Management Funds, as follows:
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DEFENSE WORKING CAPITAL FUNDS
The agreement provides $1,685,596,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY...... 83,776............. 182,776
Program increase--arsenal ................... 99,000
initiative.
WORKING CAPITAL FUND, AIR FORCE. 66,462............. 66,462
WORKING CAPITAL FUND, DEFENSE- 47,018............. 47,018
WIDE.
DEFENSE WORKING CAPITAL FUND, 1,389,340.......... 1,389,340
DECA.
---------------------------------------
TOTAL, DEFENSE WORKING 1,586,596.......... 1,685,596
CAPITAL FUNDS.
------------------------------------------------------------------------
NATIONAL DEFENSE SEALIFT FUND
The agreement does not recommend funding for the National
Defense Sealift Fund. Requested funding has been transferred,
as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
MOBILIZATION PREPAREDNESS......... 201,450 0
LMSR maintenance--transfer to ................. -135,800
OM,N.........................
Mobilization alterations-- ................. -11,197
transfer to OM,N.............
T-AH maintenance--transfer to ................. -54,453
OM,N.........................
RESEARCH AND DEVELOPMENT.......... 18,622 0
Maritime prepositioning force ................. -468
(future)--transfer to RDTE,N
line 132.....................
Strategic sealift research and ................. -6,425
development--transfer to
RDTE,N line 47...............
Naval operational logistics ................. -11,729
integration--transfer to
RDTE,N line 48...............
READY RESERVE FORCE............... 289,255 0
Ready reserve force--transfer ................. -289,255
to OM,N......................
-------------------------------------
TOTAL, NATIONAL DEFENSE 509,327 0
SEALIFT FUND.............
------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $36,646,600,000 in Title VI, Other
Department of Defense Programs, as follows:
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DEFENSE HEALTH PROGRAM
The agreement provides $34,428,167,000 for the Defense
Health Program, as follows:
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REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
Concerns remain regarding the transfer of funds from the
In-House Care budget sub-activity to pay for contractor-
provided medical care. To limit such transfers and improve
oversight within the Defense Health Program operation and
maintenance account, the agreement includes a provision which
caps the funds available for Private Sector Care under the
TRICARE program subject to prior approval reprogramming
procedures. The provision and accompanying explanatory
statement language should not be interpreted as limiting the
amount of funds that may be transferred to the In-House Care
budget sub-activity from other budget sub-activities within
the Defense Health Program. In addition, funding for the In-
House Care and Private Sector Care budget sub-activities are
designated as congressional special interest items. Any
transfer of funds in excess of $15,000,000 into or out of
these sub-activities requires the Secretary of Defense to
follow prior approval reprogramming procedures.
The Secretary of Defense is directed to provide a report to
the congressional defense committees not later than 30 days
after the enactment of this Act that delineates transfers of
funds in excess of $10,000,000, and the dates any transfers
occurred, from the Private Sector Care budget sub-activity to
any other budget sub-activity groups for fiscal year 2017.
The Assistant Secretary of Defense (Health Affairs) is
directed to provide quarterly reports to the congressional
defense committees on budget execution data for all of the
Defense Health Program budget activities and to adequately
reflect changes to the budget activities requested by the
Services in future budget submissions.
CARRYOVER
For fiscal year 2018, one percent carryover authority for
the operation and maintenance account of the Defense Health
Program is recommended. The Assistant Secretary of Defense
(Health Affairs) is directed to submit a detailed spending
plan for any fiscal year 2017 designated carryover funds to
the congressional defense committees not less than 30 days
prior to executing the carryover funds.
The Assistant Secretary of Defense (Health Affairs) is
further directed to prioritize the payment of arrears to
state vaccine programs, as authorized by section 719 of the
National Defense Authorization Act for Fiscal Year 2017, in
expenditure of these carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $80,000,000 for the peer-reviewed
cancer research program to research cancers not addressed in
the breast, prostate, ovarian, kidney, and lung cancer
research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: adrenal cancer, bladder cancer, blood
cancers, brain cancer, colorectal cancer, immunotherapy,
listeria-based regimens for cancer, liver cancer, lymphoma,
melanoma and other skin cancers, mesothelioma, myeloma,
neuroblastoma, pancreatic cancer, pediatric brain tumors,
stomach cancer, and cancer in children, adolescents, and
young adults.
The reports directed under this heading in House Report
115-219 and the Senate Chairman's Explanatory Statement of
November 21, 2017 are still required.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $330,000,000 for a peer-reviewed
medical research program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit
and direct relevance to military health. Research areas
considered under this funding are restricted to the following
areas: acute lung injury, antimicrobial resistance,
arthritis, burn pit exposure, cardiomyopathy, cerebellar
ataxia, chronic migraine and post-traumatic headache, chronic
pain management, congenital heart disease, constrictive
bronchiolitis, diabetes, dystonia, eating disorders, emerging
infectious diseases, endometriosis, epidermolysis bullosa,
focal segmental glomerulosclerosis, Fragile X, frontotemporal
degeneration, Guillain-Barre syndrome, hepatitis B and C,
hereditary angioedema, hydrocephalus, immunomonitoring of
intestinal transplants, inflammatory bowel diseases,
interstitial cystitis, lung injury, malaria, metals
toxicology, mitochondrial disease, musculoskeletal disorders,
myotonic dystrophy, non-opioid pain management, nutrition
optimization, pancreatitis, pathogen-inactivated blood
products, post-traumatic osteoarthritis, pressure ulcers,
pulmonary fibrosis, respiratory health, Rett syndrome,
rheumatoid arthritis, scleroderma, sleep disorders, spinal
muscular atrophy, sustained-release drug delivery, tinnitus,
tissue regeneration, tuberculosis, vaccine development for
infectious diseases, vascular malformations, and women's
heart disease. The additional funding provided under the
peer-reviewed medical research program shall be devoted only
to the purposes listed above.
ELECTRONIC HEALTH RECORD
The Program Executive Officer (PEO) for Defense Healthcare
Management Systems (DHMS), in conjunction with the Director
of the Interagency Program Office (IPO), is directed to
provide quarterly reports to the congressional defense
committees on the cost and schedule of the electronic health
record program, to include milestones, knowledge points, and
acquisition timelines, as well as quarterly obligation
reports. These reports should also include any changes to the
deployment timeline, including benchmarks, for full operating
capability; any refinements to the cost estimate for full
operating capability and the total lifecycle cost of the
project; and the progress toward developing, implementing,
and fielding the interoperable electronic health record
throughout the medical facilities of the Department of
Defense and the Department of Veterans Affairs. The PEO DHMS
is further directed to continue briefing the House and Senate
Defense Appropriations Subcommittees on a quarterly basis,
coinciding with the report submission.
Finally, the Director of the IPO is directed to continue to
provide quarterly reports to the House and Senate
Appropriations Committees, Subcommittees on Defense and
Military Construction, Veterans Affairs, and Related Agencies
on the progress of interoperability between the two
Departments.
Chemical Agents and Munitions Destruction, Defense
The agreement provides $961,732,000 for Chemical Agents and
Munitions Destruction, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE......... 104,237 104,237
PROCUREMENT....................... 18,081 18,081
RESEARCH, DEVELOPMENT, TEST AND 839,414 839,414
EVAULATION.......................
-------------------------------------
TOTAL, CHEMICAL AGENTS AND 961,732 961,732
MUNITIONS DESTRUCTION,
DEFENSE..................
------------------------------------------------------------------------
Drug Interdiction and Counter-Drug Activities, Defense
The agreement provides $934,814,000 for Drug Interdiction
and Counter-Drug Activities, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Line Budget Request Final Bill
------------------------------------------------------------------------
010 COUNTER-NARCOTICS SUPPORT..... 557,648 552,648
Transfer to National Guard -5,000
counter-drug schools.........
020 DRUG DEMAND REDUCTION PROGRAM. 116,813 120,813
Program increase--young 4,000
Marines drug demand reduction
030 NATIONAL GUARD COUNTER-DRUG 116,353 236,353
PROGRAM..........................
Program increase.............. 120,000
040 NATIONAL GUARD COUNTER-DRUG 0 25,000
SCHOOLS..........................
Transfer from counter- 5,000
narcotics support............
Program increase.............. 20,000
------------------------------------------------------------------------
TOTAL, DRUG INTERDICTION 790,814 934,814
AND COUNTER-DRUG
ACTIVITIES, DEFENSE......
------------------------------------------------------------------------
[[Page H2384]]
JOINT URGENT OPERATIONAL NEEDS FUND
The agreement does not recommend funding for the Joint
Urgent Operational Needs Fund.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $321,887,000 for the Office of the
Inspector General, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget Request Final Bill
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE.......... 334,087 319,087
Overestimation of civilian full- ........................................................ -15,000
time equivalents..............
RESEARCH, DEVELOPMENT, TEST AND 2,800 2,800
EVALUATION........................
----------------------------------------------------------------------------------------------------------------
TOTAL, OFFICE OF THE 336,887 321,887
INSPECTOR GENERAL.........
----------------------------------------------------------------------------------------------------------------
QUARTERLY END STRENGTH AND EXECUTION REPORTS
The Department of Defense Inspector General is directed to
provide quarterly reports to the congressional defense
committees on civilian personnel end strength, full-time
equivalents, and budget execution not later than 15 days
after the end of each fiscal quarter. The reports should
contain quarterly civilian personnel end strength and full-
time equivalents as well as an estimate of fiscal year end
strength and fiscal year full-time equivalents. The reports
should also include quarterly budget execution data along
with revised fiscal year estimated execution data. The
Inspector General is directed to provide realistic end of
fiscal year estimates based on personnel trends to date.
TITLE VII--RELATED AGENCIES
The agreement provides $1,051,600,000 in Title VII, Related
Agencies, as follows:
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[[Page H2386]]
classified annex
Adjustments to classified programs are addressed in a
separate, detailed, and comprehensive classified annex. The
Intelligence Community, the Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2018.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $537,600,000, an increase of
$5,600,000 above the budget request, for the Intelligence
Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions which were
not amended. Those general provisions that were addressed in
the agreement are as follows:
The agreement modifies a provision proposed by the House
which requires that no more than 25 percent of the funding
made available in this Act be obligated in the last two
months of the fiscal year.
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which provides general transfer authority not to exceed
$4,250,000,000.
The agreement retains a provision proposed by the House
which identifies tables as Explanation of Project Level
Adjustments.
The agreement retains a provision proposed by the House
which provides for the establishment of a baseline for the
application of reprogramming and transfer authorities for the
current fiscal year.
The agreement modifies a provision proposed by the House
which places restrictions on multiyear procurement contracts.
The agreement retains a provision proposed by the House
regarding management of civilian personnel of the Department
of Defense.
The agreement retains a provision proposed by the House
regarding limitations on the use of funds to purchase anchor
and mooring chains.
The agreement includes a provision which restricts the use
of funds to support any nonappropriated funds activity that
procures malt beverages and wine. The House bill contained no
similar provision.
The agreement retains a provision proposed by the House
regarding incentive payments authorized by the Indian
Financing Act of 1974.
The agreement modifies a provision proposed by the House
which prohibits funding from being used to establish new
Department of Defense Federally Funded Research and
Development Centers with certain limitations.
The agreement includes a provision which provides for the
revocation of blanket waivers of the Buy American Act. The
House bill contained a similar provision.
The agreement includes a provision which provides for the
conveyance, without consideration, of relocatable housing
units that are excess to the needs of the Air Force. The
House bill contained a similar provision.
The agreement does not retain a provision proposed by the
House which was made permanent in the fiscal year 2017 Act
that provided the authority for the Defense Intelligence
Agency to use funds provided in this Act for the provisioning
of information systems.
The agreement includes a provision which provides funds for
the Asia Pacific Regional Initiative Program for the purpose
of enabling the Pacific Command to execute Theater Security
Cooperation activities. The House bill contained no similar
provision.
The agreement retains a provision proposed by the House
regarding mitigation of environmental impacts on Indian lands
resulting from Department of Defense activities.
The agreement includes a provision which requires the
Department of Defense to comply with the Buy American Act,
chapter 83 of title 41, United States Code. The House bill
contained a similar provision.
(rescissions)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$942,242,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2016 Appropriations:
Other Procurement, Army:
Bridge supplemental set...................... $147,000
Husky mounted detection system............... 1,370,000
Remote demolition systems.................... 2,000,000
Mobile soldier power......................... 2,000,000
Aircraft Procurement, Navy:
P-8A Poseidon................................ 127,000,000
MH-60R (MYP)................................. 24,500,000
JPATS........................................ 5,300,000
Adversary.................................... 4,300,000
Trainer a/c series........................... 10,900,000
Aircraft Procurement, Air Force:
F-35 (AP-CY)................................. 11,000,000
C-130H modifications......................... 42,700,000
F-16 modifications link 16 crypto............ 3,200,000
Procurement of Ammunition, Air Force:
Massive ordnance penetrator.................. 5,000,000
Procurement, Defense-Wide:
Classified program........................... 7,264,000
2017 Appropriations:
Aircraft Procurement, Army:
Utility f/w aircraft......................... 17,000,000
Missile Procurement, Army:
Indirect fire protection capability.......... 19,319,000
Weapons and Tracked Combat Vehicles, Army:
Integrated air burst weapon system family.... 7,064,000
Procurement of Ammunition, Army:
Shoulder launched munitions, all types....... 15,507,000
Other Procurement, Army:
Tactical bridging............................ 2,535,000
Mid-tier networking vehicular radio.......... 10,000,000
Aircraft Procurement, Navy:
P-8A Poseidon................................ 20,900,000
MQ-4 Triton.................................. 25,000,000
Weapons Procurement, Navy:
Tomahawk..................................... 32,200,000
Shipbuilding and Conversion, Navy:
Carrier replacement program.................. 14,000,000
Aircraft Procurement, Air Force:
KC-46A tanker................................ 31,100,000
UH-1N replacement............................ 15,300,000
KC-135 block 40/45 installs.................. 5,600,000
Initial spares/repair parts--ARS spares...... 2,900,000
War consumables--MALD-J...................... 7,000,000
F-16 modifications link 16 crypto............ 6,447,000
Classified program........................... 10,000,000
Missile Procurement, Air Force:
MMIII modifications--ICU II.................. 31,639,000
Space Procurement, Air Force:
Evolved expendable launch vehicle............ 34,900,000
Procurement of Ammunition, Air Force:
Fuzes........................................ 18,000,000
Other Procurement, Air Force:
MEECN--GASNT increment 1..................... 115,325,000
Classified program........................... 5,000,000
D-RAPCON..................................... 12,466,000
Combat training ranges--CEAR................. 3,900,000
Research, Development, Test and Evaluation, Army:
Cyberspace operations forces and force 4,650,000
support.....................................
Aircraft avionics............................ 8,000,000
Mid-tier networking vehicular radio.......... 1,681,000
Combat vehicle improvement programs Stryker 26,000,000
ECP carryover...............................
Aircraft modifications/product improvement 12,000,000
programs....................................
Distributed common ground/surface systems.... 10,000,000
Research, Development, Test and Evaluation, Navy:
Global combat support systems................ 9,128,000
Research, Development, Test and Evaluation, Air
Force:
Ground attack weapon fuze.................... 700,000
Space fence.................................. 20,000,000
KC-46........................................ 85,000,000
Nuclear weapons modernization................ 11,000,000
C-130 airlift squadrons...................... 7,300,000
Classified program........................... 7,000,000
Defense Health Program, Research, Development,
Test and Evaluation:
DHMSM carryover.............................. 30,000,000
------------------------------------------------------------------------
The agreement retains a provision proposed by the House
which restricts procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin.
The agreement includes a provision which makes funds
available to maintain competitive rates at the arsenals. The
House bill contained no similar provision.
The agreement retains a provision proposed by the House
which provides funding to the United Service Organizations
and the Red Cross.
(transfer of funds)
The agreement retains a provision proposed by the House
which provides funding for the Sexual Assault Victims Special
Counsel Program.
The agreement modifies a provision proposed by the House
regarding the use of funding appropriated in title IV of this
Act to procure end-items.
The agreement retains a provision proposed by the House
which restricts funding for repairs and maintenance of
military housing units.
[[Page H2387]]
(transfer of funds)
The agreement includes a provision which directs that
Operation and Maintenance, Navy funds shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund. The House bill contained no similar
provision.
The agreement retains a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc.
The agreement includes a provision which requires
notification upon the use of rapid acquisition authorities.
The House bill contained no similar provision.
(transfer of funds)
The agreement modifies a provision proposed by the House
related to funding for the Israeli Cooperative Defense
programs.
(transfer of funds)
The agreement modifies a provision proposed by the House
which provides for the funding of prior year shipbuilding
cost increases.
The agreement includes a provision which provides that the
budget of the President for the subsequent fiscal year shall
include separate budget justification documents for costs of
the United States Armed Forces' participation in contingency
operations. The House bill contained a similar provision.
The agreement modifies a provision proposed by the House
which reduces funding due to favorable foreign exchange
rates.
The agreement includes a provision which makes funds
available for rapid acquisition and deployment of supplies.
The House bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits changes to the Army Contracting Command-New
Jersey without prior notification.
The agreement includes a provision which places
restrictions on the use of funds to support friendly foreign
countries. The House bill contained no similar provision.
The agreement does not retain a provision proposed by the
House recommending a rescission from the Department of
Defense Acquisition Workforce Development Fund.
The agreement includes a provision which applies
reprogramming procedures on the Department of Defense
Acquisition Workforce Development Fund. The House bill
contained no similar provision.
The agreement includes a provision that prohibits the
transfer of funds into the Department of Defense Acquisition
Workforce Development Fund. The House bill contained a
similar provision.
The agreement retains a provision proposed by the House
related to agreements with the Russian Federation pertaining
to United States ballistic missile defense systems.
(transfer of funds)
The agreement includes a provision which provides the
Director of National Intelligence with general transfer
authority with certain limitations. The House bill contained
a similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being used for the purchase or
manufacture of a United States flag unless such flags are
treated as covered items under section 2533a(b) of title 10,
U.S.C.
The agreement includes a provision which requires reporting
on the National Instant Criminal Background Check System. The
House bill contained no similar provision.
The agreement retains a provision proposed by the House
that requires the Secretary of Defense to post grant awards
on a public website in a searchable format.
The agreement includes a provision which provides guidance
on cost overrun reductions and the Rapid Prototyping Fund.
The House bill contained no similar provision.
The agreement retains a provision proposed by the House
regarding funding for flight demonstration teams at locations
outside the United States.
The agreement retains a provision proposed by the House
which prohibits the use of funds to implement the Arms Trade
Treaty until the treaty is ratified by the Senate.
The agreement includes a provision which prohibits the
transfer of funds to any organization not funded in this Act
with certain exceptions. The House bill contained a similar
provision.
The agreement retains a provision proposed by the House
which prohibits introducing armed forces into Iraq in
contravention of the War Powers Act.
The agreement modifies a provision proposed by the House
which limits the use of funds for the T-AO program.
The agreement does not retain a provision proposed by the
House which reduces Working Capital Funds to reflect excess
cash balances.
The agreement modifies a provision proposed by the House
which reduces the total amount appropriated to reflect lower
than anticipated fuel costs.
The agreement retains a provision proposed by the House
which prohibits the use of funds for gaming or entertainment
that involves nude entertainers.
The agreement retains a provision proposed by the House
which prohibits the use of funds for Base Realignment and
Closure.
(transfer of funds)
The agreement includes a provision which grants the
Secretary of Defense the authority to use funds for Office of
Personnel and Management background investigations. The House
bill contained no similar provision.
The agreement does not retain a provision proposed by the
House which restricts the use of funds for the Joint
Surveillance Target Attack Radar System recapitalization
program for pre-milestone B activities.
The agreement does not retain a provision proposed by the
House which provides authority to use readiness funds for
Zika related activities.
The agreement includes a provision which provides
reprogramming authority for the Global Engagement Center. The
House bill contained a similar provision.
The agreement does not retain a provision proposed by the
House which provides funds for the military personnel
accounts for purposes of a military pay raise.
The agreement retains a provision proposed by the House
which makes funds available through the Office of Economic
Adjustment for transfer to the Secretary of Education, to
make grants to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations.
The agreement does not retain a provision proposed by the
House which limits the availability of funds to carry out
changes to the Joint Travel Regulations of the Department of
Defense.
The agreement retains a provision proposed by the House
which provides guidance on the implementation of the Policy
for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured Active Duty Service
Members.
The agreement retains a provision proposed by the House
which prohibits the use of funds to provide arms, training,
or other assistance to the Azov Battalion.
The agreement retains a provision proposed by the House
which prohibits the use of funds to purchase heavy water from
Iran.
The agreement adds a provision which amends Section
316(a)(2) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) by striking ``the study
under this subsection'' and inserting ``the study and
assessment under this section''.
The agreement does not retain a provision proposed by the
House which provides guidance on references to this Act.
The agreement does not retain a provision proposed by the
House which provides guidelines on the interpretation of
House Report 115-219.
The agreement does not retain a provision proposed by the
House which provides spending reduction account guidance.
The agreement does not retain a provision proposed by the
House which prohibits the use of funds in the Afghanistan
Security Forces Fund to procure uniforms for the Afghan
National Army.
The agreement does not retain a provision proposed by the
House which prohibits the use of funds to close biosafety
level 4 laboratories.
The agreement does not retain a provision proposed by the
House which prohibits the use of funds for public-private
partnerships under Office of Management and Budget circular
A-76.
The agreement adds a provision which makes funds available
for the Secretary of Defense for use in a designated country.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
The agreement provides $65,166,000,000 in Title IX,
Overseas Contingency Operations/Global War on Terrorism.
REPORTING REQUIREMENTS
The agreement includes a number of reporting requirements
related to contingency operations and building capacity
efforts. The Secretary of Defense is directed to continue to
report incremental costs for all named operations in the
Central Command Area of Responsibility on a quarterly basis
and to submit, also on a quarterly basis, commitment,
obligation, and expenditure data for the Afghanistan Security
Forces Fund, the Counter-Islamic State of Iraq and Syria
Train and Equip Fund, and for all security cooperation
programs funded under the Defense Security Cooperation Agency
in the Operation and Maintenance, Defense-Wide account.
MILITARY PERSONNEL
The agreement provides $4,326,172,000 for Military
Personnel, as follows:
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OPERATION AND MAINTENANCE
The agreement provides $50,317,919,000 for Operation and
Maintenance, as follows:
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PRIVATE SECURITY COMPANIES
The Secretary of Defense is commended for the Department's
assistance in developing principles, standards, and a code of
conduct based on international law, to ensure that private
security companies respect human rights and the rule of law
in the provision of security assistance services. The
Secretary of Defense is directed to submit a report to the
congressional defense committees not later than 90 days after
enactment of this Act, on the Department's standards and
oversight and accountability mechanisms that apply to private
security companies contracted by the Department of Defense
compared to the standards and mechanisms that apply to
private security companies contracted by the Department of
State.
AFGHANISTAN SECURITY FORCES FUND CONTRACT COSTS
There remain concerns about the excessive costs of training
contracts awarded using the Afghanistan Security Forces Fund
(ASFF). Therefore, the Comptroller General is directed to
examine all ASFF training contracts and provide a report
detailing his findings to the congressional defense
committees not later than 180 days after the enactment of
this Act. Additionally, the Secretary of Defense is directed
to provide an accounting of all contracts funded with ASFF,
the annual value of each contract, and the ASFF line item
that funds each contract, to the congressional defense
committees not later than 180 days after the enactment of
this Act.
AFGHANISTAN SECURITY FORCES FUND BUDGET JUSTIFICATION
The Secretary of Defense is commended for efforts to
improve the Afghanistan Security Forces Fund (ASFF) budget
justification materials and Financial Activity Plans (FAPs).
To further inform budget reviews, the Secretary of Defense is
directed to provide budget justification materials that
include the budget request amount, the appropriated amount,
and the actual obligation amount by line item, for the prior
two fiscal years. In addition, concurrent with the submission
of each FAP, the Secretary of Defense shall provide the
congressional defense committees with line item detail of
planned funding movements within ASFF using line item titles
from the appropriate year's budget justification submission.
Any line item that did not appear in the budget justification
submission shall be delineated as a new line item.
AFGHAN NATIONAL ARMY UNIFORMS
The House-passed bill included a provision, Section 10004,
banning the use of funds provided for the Afghanistan
Security Forces Fund to procure uniforms for the Afghan
National Army (ANA). The Special Inspector General for
Afghanistan Reconstruction reported in June 2017 that the
Department of Defense acquired uniforms for the ANA that were
not appropriate for use in Afghanistan. The agreement removes
the legislative provision; however, due to underlying
concerns of mismanagement by the Department of Defense and
the ANA, the Secretary of Defense is directed to provide a
report to the congressional defense committees, not later
than 90 days after the enactment of this Act, that determines
whether current contracting practices for ANA and Afghan
National Police uniforms conform to all Federal Acquisition
Regulation requirements.
COUNTER-LORD'S RESISTANCE ARMY
The Secretary of Defense, in coordination with the
Secretary of State, is directed to provide a report on the
lessons learned from Operation Observant Compass, including
in the area of civil-military coordination, and an assessment
of how these lessons are being institutionalized and applied
to other complex crises. The report shall be provided to the
congressional defense and foreign relations committees not
later than 270 days after the enactment of this Act.
SECURITY SECTOR ASSISTANCE STEERING COMMITTEE
The Secretary of Defense, in coordination with the
Secretary of State, is directed to provide a report on the
activities and progress of the Defense Security Sector
Assistance Steering Committee to the congressional defense
and foreign relations committees not later than 180 days
after the enactment of this Act.
PROCUREMENT
The agreement provides $10,424,319,000 for Procurement, as
follows:
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NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $1,300,000,000 for National Guard
and Reserve Equipment. Of that amount $429,000,000 is
designated for the Army National Guard; $429,000,000 for the
Air National Guard; $169,000,000 for the Army Reserve;
$65,000,000 for the Navy Reserve; $13,000,000 for the Marine
Corps Reserve; and $195,000,000 for the Air Force Reserve.
This funding will allow the reserve components to procure
high priority equipment that may be used for combat and
domestic response missions. Current reserve component
equipping levels are among the highest in recent history and
the funding provided by the agreement will help ensure
component interoperability and sustained reserve component
modernization.
The Secretary of Defense is directed to ensure that the
account be executed by the Chiefs of the National Guard and
reserve components with priority consideration given to the
following items: acoustic hailing devices, active
electronically scanned array radars, advanced cargo handling
systems for CH-47s, advanced targeting pods, combat uniforms
and cold weather protective clothing, crashworthy
ballistically tolerant auxiliary internal and external fuel
systems, digital radar warning receivers for F-16s,
electromagnetic in-flight propeller balance systems, joint
threat emitters, large aircraft infrared countermeasures,
modular container systems for palletized cargo, modular and
self-contained ranges, MQ-9 deployable launch and recovery
element mission support kits, portable high frequency radios
and antennas, radar warning receivers for C-17s, radiac sets,
satellite broadband for aircraft, commercial-off-the-shelf
training systems/simulators--including for small arms
simulation, sun shades, unmanned systems for rapid emergency
search and rescue support, unstabilized gunnery crew and
small arms trainers, and wireless mobile mesh self-healing
network systems.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $926,937,000 for Research,
Development, Test and Evaluation, as follows:
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REVOLVING AND MANAGEMENT FUNDS
The agreement provides $148,956,000 for Revolving and
Management Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................... 50,111 50,111
WORKING CAPITAL FUND, DEFENSE-WIDE............ 98,845 98,845
-------------------------
TOTAL, DEFENSE WORKING CAPITAL FUNDS...... 148,956 148,956
------------------------------------------------------------------------
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The agreement provides $395,805,000 for the Defense Health
Program, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
IN-HOUSE CARE................................. 61,857 61,857
PRIVATE SECTOR CARE........................... 331,968 331,968
CONSOLIDATED HEALTH SUPPORT................... 1,980 1,980
-------------------------
TOTAL, OPERATION AND MAINTENANCE.......... 395,805 395,805
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $196,300,000 for Drug Interdiction
and Counter-drug Activities, Defense.
JOINT IMPROVISED-THREAT DEFEAT FUND
The agreement does not recommend funding for the Joint
Improvised-Threat Defeat Fund. Requested funding has been
transferred, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget Request Final Bill
----------------------------------------------------------------------------------------------------------------
Terminate JOINT IMPROVISED-THREAT 483,058 0
DEFEAT FUND.......................
Terminate JITDF and transfer to ........................................................ -314,558
title IX OM,DW................
Terminate JITDF and transfer to ........................................................ -5,200
title IX P,DW.................
Terminate JITDF and transfer to ........................................................ -163,300
title IX RDTE,DW..............
----------------------------------------------------------------------------
TOTAL, JOINT IMPROVISED- 483,058 0
THREAT DEFEAT FUND........
----------------------------------------------------------------------------------------------------------------
TRANSFER AUTHORITY FOR THE JOINT IMPROVISED-THREAT DEFEAT ORGANIZATION
The agreement includes $314,558,000 in Operation and
Maintenance, Defense-Wide; $5,200,000 in Procurement,
Defense-Wide; and $168,300,000 in Research, Development, Test
and Evaluation, Defense-Wide overseas contingency operations
appropriations accounts for the Joint Improvised-Threat
Defeat Organization (JIDO). At the Director, JIDO's request,
the distribution of funds among appropriation accounts has
been adjusted based on JIDO's revised execution plans for
fiscal year 2018, as briefed to the House and Senate Defense
Appropriations Subcommittees in the first quarter of fiscal
year 2018. Further, funds are not delineated by project
within each appropriation, providing the Director, JIDO
significant discretion to meet the requirements pursuant to
JIDO's mission. Should the Director, JIDO identify
requirements necessitating the transfer of funds between
appropriation accounts, the Under Secretary of Defense
(Comptroller) is directed to expedite any such transfer as a
stand-alone reprogramming action in accordance with
congressional guidance.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $24,692,000 for the Office of the
Inspector General.
GENERAL PROVISIONS--THIS TITLE
The agreement for title IX incorporates general provisions
which were not amended. Those general provisions that were
addressed in the agreement are as follows:
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which provides for special transfer authority within title
IX.
The agreement includes a provision which provides funds for
logistical support to allied forces supporting military and
stability operations in Afghanistan and to counter the
Islamic State of Iraq and Syria. The House bill contained a
similar provision.
The agreement retains a provision proposed by the House
which provides security assistance to the Government of
Jordan.
The agreement modifies a provision proposed by the House
which prohibits the use of the Counter-ISIS Train and Equip
Fund to procure or transfer man-portable air defense systems.
The agreement modifies a provision proposed by the House
which provides assistance and sustainment to the military and
national security forces of Ukraine.
The agreement retains a provision proposed by the House
related to the replacement of funds for items provided to the
Government of Ukraine.
The agreement retains a provision proposed by the House
which prohibits the use of assistance and sustainment to the
military and national security forces of Ukraine to procure
or transfer man-portable air defense systems.
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which provides funds to the Department of Defense to improve
intelligence, surveillance, and reconnaissance capabilities.
The agreement retains a provision proposed by the House
which prohibits the use of funds with respect to Syria in
contravention of the War Powers Resolution.
The agreement includes a provision which prohibits the use
of funds to transfer additional C-130 aircraft to
Afghanistan. The House bill contained no similar provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$2,565,100,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2017 Appropriations:
Operation and Maintenance, Defense-Wide:
Coalition Support Fund....................... $500,000,000
DSCA security cooperation.................... 250,000,000
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund............. 100,000,000
Counter-ISIL Train and Equip Fund:
Counter-ISIL Train and Equip Fund............ 80,000,000
Other Procurement, Air Force:
Classified program........................... 25,100,000
No-year Appropriations:
Counter-ISIL Overseas Contingency Operations
Transfer Fund:
Counter-ISIL OCOTF........................... 1,610,000,000
------------------------------------------------------------------------
The agreement does not retain a provision proposed by the
House which requires the President to designate Overseas
Contingency Operations/Global War on Terrorism amounts
accordingly.
The agreement modifies a provision proposed by the House
which requires the President to submit a report to Congress
on his strategy to defeat certain adversary forces.
The agreement adds a provision which requires the Secretary
of Defense to certify the use of funds in the Afghanistan
Security Forces Fund under certain conditions.
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DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
The following statement to the House of Representatives and
the Senate is submitted in explanation of the agreed upon Act
making appropriations for energy and water development for
the fiscal year ending September 30, 2018, and for other
purposes.
This explanatory statement, while repeating some report
language for emphasis, does not intend to negate the language
and allocations set forth in House Report 115-230 and Senate
Report 115-132 and that direction shall be complied with
unless specifically addressed to the contrary in the
accompanying bill or explanatory statement. Additionally,
where this explanatory statement states that the ``agreement
only includes''' or ``the following is the only'' direction,
any direction included in the House or Senate report on that
matter shall be considered as replaced with the direction
provided within this explanatory statement. In cases where
the House or the Senate has directed the submission of a
report, such report is to be submitted to the Committees on
Appropriations of both Houses of Congress. House or Senate
reporting requirements with deadlines prior to or within 15
days of the enactment of this Act shall be submitted no later
than 60 days after the enactment of this Act. All other
reporting deadlines not changed by this explanatory statement
are to be met.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at
the end of the explanatory statement for this Act. Funding
levels that are not displayed in the detailed table are
identified in this explanatory statement.
In fiscal year 2018, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-
177), the following information provides the definition of
the term ``program, project, or activity'' for departments
and agencies under the jurisdiction of the Energy and Water
Development Appropriations Act. The term ``program, project,
or activity'' shall include the most specific level of budget
items identified in the Energy and Water Development
Appropriations Act, 2018 and the explanatory statement
accompanying the Act.
National Ocean Policy.--No specific funding was provided in
fiscal year 2017 and none was requested by any agencies
funded in this Act in fiscal year 2018 to implement the
National Ocean Policy. Consequently, no specific funds for
National Ocean Policy activities are included for any agency
funded in this Act.
Dam Removal.--No specific funding was provided in fiscal
year 2017 and none was requested by any agencies funded in
this Act in fiscal year 2018 for the purpose of removing a
federally owned or operated dam without prior authorization
by Congress. Consequently, no specific funds for unauthorized
federal dam removal are included for any agency funded in
this Act.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers.
Additional items of the Act are discussed below.
Recent statutory changes regarding the Inland Waterways
Trust Fund (IWTF) have resulted in an increase to the size of
the capital improvement program that can be supported by the
IWTF. The agreement reflects congressional interest in
supporting this larger program. The Corps is directed to take
the preparatory steps necessary to ensure that new
construction projects can be initiated as soon as can be
supported under the larger capital program (i.e., as ongoing
projects approach completion).
Concerns persist that the effort to update the Water
Resources Principles and Guidelines did not proceed
consistent with the language or intent of section 2031 of the
Water Resources Development Act of 2007. No funds provided to
the Corps of Engineers shall be used to develop or implement
rules or guidance to support implementation of the final
Principles and Requirements for Federal Investments in Water
Resources released in March 2013 or the final Interagency
Guidelines released in December 2014. The Corps shall
continue to use the document dated March 10, 1983, and
entitled ``Economic and Environmental Principles and
Guidelines for Water and Related Land Resources
Implementation Studies''' during the fiscal year period
covered by the Energy and Water Development Appropriations
Act for 2018.
Asian Carp.--In lieu of House and Senate direction, the
Secretary of the Army, acting through the Chief of Engineers,
shall make every effort to submit to Congress the Report of
the Chief of Engineers for the Brandon Road feasibility study
according to the original published schedule of February
2019. The Corps is directed to provide quarterly updates to
the Committees on Appropriations of both Houses of Congress
on the progress and status of efforts to prevent the further
spread of Asian carp as well as the location and density of
carp populations, including the use of emergency procedures.
The Corps shall continue to collaborate with the U.S. Coast
Guard, the U.S. Fish and Wildlife Service, the State of
Illinois, and members of the Asian Carp Regional Coordinating
Committee to identify and evaluate whether navigation
protocols would be beneficial or effective in reducing the
risk of vessels inadvertently carrying aquatic invasive
species, including Asian carp, through the Brandon Road Lock
and Dam in Joliet, Illinois. Any findings of such an
evaluation shall be included in the quarterly briefings to
the Committees. The Corps is further directed to implement
protocols shown to be effective at reducing the risk of
entrainment without jeopardizing the safety of vessels and
crews. The Corps and other federal and state agencies are
conducting ongoing research on potential solutions.
Economic Reevaluation.--None of the funds provided in this
title may be used to require an economic reevaluation of any
project authorized under title VIII of the Water Resources
Development Act of 2007.
Additional Funding
The agreement includes funding in addition to the budget
request to ensure continued improvements to our national
economy, public safety, and environmental health that result
from water resources projects. This funding is for additional
work that either was not included in the budget request or
was inadequately budgeted. The bill contains a provision
requiring the Corps to allocate funds in accordance with only
the direction in this agreement. In lieu of all House and
Senate report direction--under any heading--regarding
additional funding, new starts, and the fiscal year 2018 work
plan, the Corps shall follow the direction included in this
explanatory statement.
The Corps again is directed to develop rating systems for
use in evaluating studies and projects for allocation of the
additional funding provided in this title. These evaluation
systems may be, but are not required to be, individualized
for each account, category, or subcategory. Voluntary funding
in excess of legally required cost shares for studies and
projects is acceptable, but shall not be used as a criterion
for allocating the additional funding provided or for the
selection of new starts. Each study and project eligible for
funding shall be evaluated under the applicable ratings
system. A study or project may not be excluded from
evaluation for being ``inconsistent with Administration
policy.'' The Corps retains complete control over the
methodology of these rating systems. The executive branch
retains complete discretion over project-specific allocation
decisions within the additional funds provided, subject to
only the direction here and under the heading ``Additional
Funding'' or ``Additional Funding for Ongoing Work'' within
each of the Investigations, Construction, Mississippi River
and Tributaries, and Operation and Maintenance accounts.
The Administration is reminded that these funds are in
addition to the budget request, and Administration budget
metrics shall not be a reason to disqualify a study or
project from being funded. It is expected that all of the
additional funding provided will be allocated to specific
programs, projects, or activities. The focus of the
allocation process shall favor the obligation, rather than
expenditure, of funds. With the significant backlog of work
in the Corps' inventory, there is no reason for funds
provided above the budget request to remain unallocated.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi
River and Tributaries accounts if: (1) it has received
funding, other than through a reprogramming, in at least one
of the previous three fiscal years; (2) it was previously
funded and could reach a significant milestone, complete a
discrete element of work, or produce significant outputs in
calendar year 2018; or (3) as appropriate, it is selected as
one of the new starts allowed in accordance with this Act and
the additional direction provided below. Projects with
executed Advanced Project Partnership Agreements, or similar
agreements, shall be eligible for additional funding provided
in this bill. None of the additional funding in any account
may be used for any item where funding was specifically
denied or for projects in the Continuing Authorities Program.
Funds shall be allocated consistent with statutory cost share
requirements.
Funding associated with each category may be allocated to
any eligible study or project, as appropriate, within that
category; funding associated with each subcategory may be
allocated only to eligible studies or projects, as
appropriate, within that subcategory. The list of
subcategories is not meant to be exhaustive. There is concern
that the fiscal year 2017 work plan allocated Operation and
Maintenance funding to some activities historically funded in
the Construction account. Any shift in funding between
accounts should be proposed in a budget request and addressed
through the appropriations process. Funding levels for
accounts and additional funding categories are developed
based on assessment of the scope of activities that can be
advanced within each account and category. Shifting
activities between accounts or categories after these funding
level decisions are made is a gross misuse of the flexibility
inherent in the work plan process. Since the extent of
changes proposed in the fiscal year 2018 budget request is
not clear, the Corps shall evaluate all studies and projects
only within accounts and categories consistent with previous
congressional funding.
Work Plan.--Not later than 60 days after the enactment of
this Act, the Corps shall provide to the Committees on
Appropriations of both Houses of Congress a work plan
including the following information: (1) a detailed
description of the ratings system(s)
[[Page H2436]]
developed and used to evaluate studies and projects; (2)
delineation of how these funds are to be allocated; (3) a
summary of the work to be accomplished with each allocation,
including phase of work; and (4) a list of all studies and
projects that were considered eligible for funding but did
not receive funding, including an explanation of whether the
study or project could have used funds in calendar year 2018
and the specific reasons each study or project was considered
as being less competitive for an allocation of funds.
New Starts.--The agreement includes six new starts in the
Investigations account and five new starts in the
Construction account to be distributed across the three main
mission areas of the Corps. The agreement also includes one
new study start in the Mississippi River and Tributaries
account to evaluate the need for improvements for flood
control, ecosystem restoration, water quality and related
purposes associated with storm water runoff and management.
Of the new starts in Investigations, two shall be for
navigation studies, one shall be for a flood and storm damage
reduction study, two shall be for additional navigation or
flood and storm damage reduction studies, and one shall be
for an environmental restoration study. Of the new
construction starts, one shall be for a navigation project;
one shall be for a flood and storm damage reduction project;
two shall be for additional navigation or flood and storm
damage reduction projects, of which one shall be a coastal
storm damage reduction project; and one shall be for an
environmental restoration project. Other than the one new
study start directed above, no funding shall be used to
initiate new programs, projects, or activities in the
Mississippi River and Tributaries or Operation and
Maintenance accounts.
The Corps is directed to propose a single group of new
starts as a part of the work plan. None of the funds may be
used for any item for which the agreement has specifically
denied funding. The Corps may not change or substitute the
new starts selected once the work plan has been provided to
the Committees on Appropriations of both Houses of Congress.
Each new start shall be funded from the appropriate
additional funding line item. Any project for which the new
start requirements are not met by the end of fiscal year 2018
shall be treated as if the project had not been selected as a
new start; such a project shall be required to compete again
for new start funding in future years. As all new starts are
to be chosen by the Corps, all shall be considered of equal
importance, and the expectation is that future budget
submissions will include appropriate funding for all new
starts selected.
There continues to be confusion regarding the executive
branch's policies and guidelines regarding which studies and
projects require new start designations. Therefore, the Corps
is directed to notify the Committees on Appropriations of
both Houses of Congress at least 7 days prior to execution of
an agreement for construction of any project except
environmental infrastructure projects and projects under the
Continuing Authorities Program. Additionally, the agreement
reiterates and clarifies previous congressional direction as
follows. Neither study nor construction activities related to
individual projects authorized under section 1037 of the
Water Resources Reform and Development Act (WRRDA) of 2014
shall require a new start or new investment decision; these
activities shall be considered ongoing work. No new start or
new investment decision shall be required when moving from
feasibility to preconstruction engineering and design (PED).
A new start designation shall be required to initiate
construction of individually-authorized projects funded
within programmatic line items. No new start or new
investment decision shall be required to initiate work on a
separable element of a project when construction of one or
more separable elements of that project was initiated
previously; it shall be considered ongoing work. A new
construction start shall not be required for work undertaken
to correct a design deficiency on an existing federal
project; it shall be considered ongoing work.
In addition to the priority factors used to allocate all
additional funding provided in the Investigations account,
the Corps should give careful consideration to the out-year
budget impacts of the studies selected and to whether there
appears to be an identifiable local sponsor that will be
ready and able to provide, in a timely manner, the necessary
cost share for the feasibility and PED phases. The Corps is
reminded that the flood and storm damage reduction mission
area can include instances where non-federal sponsors are
seeking assistance with flood control and unauthorized
discharges from permitted wastewater treatment facilities and
that the navigation mission area includes work in remote and
subsistence harbor areas.
In addition to the priority factors used to allocate all
additional funding provided in the Construction account, the
Corps also shall consider the out-year budget impacts of the
selected new starts; and the cost sharing sponsor's ability
and willingness to promptly provide the cash contribution (if
any), as well as required lands, easements, rights-of-way,
relocations, and disposal areas. When considering new
construction starts, only those that can execute a project
cost sharing agreement not later than September 30, 2018,
shall be chosen.
To ensure that the new construction starts are affordable
and will not unduly delay completion of any ongoing projects,
the Secretary is required to submit to the Committees on
Appropriations of both Houses of Congress a realistic out-
year budget scenario prior to issuing a work allowance for a
new start. It is understood that specific budget decisions
are made on an annual basis and that this scenario is neither
a request for nor a guarantee of future funding for any
project. Nonetheless, this scenario shall include an estimate
of annual funding for each new start utilizing a realistic
funding scenario through completion of the project, as well
as the specific impacts of that estimated funding on the
ability of the Corps to make continued progress on each
previously funded construction project (including impacts to
the optimum timeline and funding requirements of the ongoing
projects) and on the ability to consider initiating new
projects in the future. The scenario shall assume a
Construction account funding level at the average of the past
three budget requests.
INVESTIGATIONS
The agreement includes $123,000,000 for Investigations. The
agreement includes legislative language regarding parameters
for new study starts.
The allocation for projects and activities within the
Investigations account is shown in the following table:
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[[Page H2441]]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based
on updated information regarding the amount of work that
could be accomplished in fiscal year 2018.
Passaic River Basin Mainstem, New Jersey.--Flooding has
long been a problem in the Passaic River Basin. The Corps is
encouraged to continue to work in coordination with the non-
federal sponsor on plans to reduce flooding in the basin,
including the reevaluation of the Passaic River Basin
Mainstem project. The Corps is directed to brief the
Committees on Appropriations of both Houses of Congress not
later than 30 days after the enactment of this Act on the
current status of this project.
Peckman River, New Jersey.--There have been repeated delays
with the Peckman River Feasibility Study. The Corps is
directed to provide to the Committees on Appropriations of
both Houses of Congress quarterly briefings on the current
schedule to bring this study to completion, with the first
briefing to occur not later than 30 days after the enactment
of this Act.
Rahway River Basin (Upper Basin), New Jersey.--There have
been extended delays with the Rahway River Basin Flood Risk
Management Feasibility Study where flooding is of acute
concern to the affected communities. The Corps is encouraged
to continue to work with the non-federal sponsor on plans to
reduce flooding caused by the Rahway River in affected areas.
The Corps is directed to provide to the Committees on
Appropriations of both Houses of Congress quarterly briefings
on the current schedule to bring this study to completion,
with the first briefing to occur not later than 30 days after
the enactment of this Act.
Columbia River Treaty 2024 Implementation, Oregon and
Washington.--The agreement includes funding for this activity
in the Operation and Maintenance account, as in previous
years.
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and PED phases, rather than to Remaining
Items line items as has been the case in previous work plans.
Of the additional funds provided in this account for
navigation and coastal and deep draft navigation, the Corps
shall allocate not less than $2,200,000 for the continuation
of ongoing General Reevaluation Reports. When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating
ongoing studies or to initiating new studies that will
enhance the nation's economic development, job growth, and
international competitiveness; are for projects located in
areas that have suffered recent natural disasters; are for
projects that protect life and property; or are for projects
to address legal requirements. The Corps shall use these
funds for additional work in both the feasibility and PED
phases. The agreement includes sufficient additional funding
to undertake a significant amount of feasibility and PED
work. The Administration is reminded that a project study is
not complete until the PED phase is complete.
The Corps is reminded that the following activities are
eligible to compete for additional funding: development of a
hydraulic model that will assist no fewer than five States
along a major navigable waterway with making regional
strategic flood risk management decisions, the updating of
economic analyses, and the updating of economic impact
studies.
Water Resources Priorities Study.--No funding shall be used
for this study.
Research and Development.--Within available funds, the
Corps shall advance work on activities included in the House
and Senate reports.
SMART Planning.--The agreement includes the House
direction. Additionally, the Corps is reminded of the fiscal
year 2016 direction to evaluate each North Atlantic Coast
Comprehensive Study focus area to determine the appropriate
scope, schedule, and cost, without the initial time and cost
limits of the 3x3x3 process. Particularly for comprehensive
or regional studies that have significantly larger study
areas than typical feasibility studies, it may not be
advisable to identify a tentatively selected plan prior to
determining whether an exemption from the 3x3x3 process is
prudent. Common sense determinations early in the feasibility
process can avoid the wasted time and funding inherent in
changing course late in the process.
Section 1143 Study.--The Corps is encouraged to include in
future budget submissions the study of sediment sources
authorized in section 1143 of Public Law 114-322.
Puget Sound.--In addition to Senate direction, the Corps is
reminded that no new start, new investment decision, or new
phase decision shall be required to move the Puget Sound
Nearshore Ecosystem Restoration Project from feasibility to
PED.
CONSTRUCTION
The agreement includes $2,085,000,000 for Construction. The
agreement includes legislative language regarding parameters
for new construction starts.
The allocation for projects and activities within the
Construction account is shown in the following table:
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[[Page H2445]]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based
on updated information regarding the amount of work that
could be accomplished in fiscal year 2018.
Additional Funding.--The agreement includes additional
funds for projects and activities to enhance the nation's
economic growth and international competitiveness. Of the
additional funds provided in this account, the Corps shall
allocate not less than $2,850,000 to projects with riverfront
development components. Of the additional funding provided in
this account for flood and storm damage reduction and flood
control, the Corps shall allocate not less than $5,400,000 to
additional nonstructural flood control projects. Of the
additional funds provided in this account for flood and storm
damage reduction, navigation, and other authorized project
purposes, the Corps shall allocate not less than $15,000,000
to authorized reimbursements for projects with executed
project cooperation agreements and that have completed
construction or where nonfederal sponsors intend to use the
funds for additional water resources development activities.
Of the additional funding provided in this account for flood
and storm damage reduction and flood control, the Corps shall
allocate not less than $7,000,000 to continue construction of
projects that principally include improvements to rainfall
drainage systems that address flood damages. Of the
additional funding provided for flood and storm damage
reduction, flood control, and environmental restoration or
compliance, the Corps shall allocate not less than $1,000,000
for projects for hurricane and storm damage risk reduction
and environmental restoration with both structural and
nonstructural project elements.
The Corps is reminded that dam safety projects authorized
under section 5003 of the Water Resources Development Act of
2007 are eligible to compete for the additional funding
provided in this account.
When allocating the additional funding provided in this
account, the Corps shall consider eligibility and
implementation decisions under Public Law 115-123 so as to
maximize the reduction of risk to public safety and
infrastructure and the reduction of future damages from
floods and storms nationwide. Public Law 115-123 included
funding within the Flood Control and Coastal Emergencies
account to restore authorized shore protection projects to
full project profile. That funding is expected to address
most of the current year capability. Therefore, to ensure
funding is not directed to where it cannot be used, the
agreement includes $50,000,000 for construction of shore
protection projects. The Corps is reminded that if additional
work can be done, these projects are also eligible to compete
for additional funding for flood and storm damage reduction.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were
being evaluated for new or ongoing construction and shall
consider giving priority to the following:
1. benefits of the funded work to the national economy;
2. extent to which the work will enhance national,
regional, or local economic development;
3. number of jobs created directly by the funded activity;
4. ability to obligate the funds allocated within the
calendar year, including consideration of the ability of the
non-federal sponsor to provide any required cost share;
5. ability to complete the project, separable element, or
project phase with the funds allocated;
6. legal requirements, including responsibilities to
Tribes;
7. for flood and storm damage reduction projects (including
authorized nonstructural measures and periodic beach
renourishments),
a. population, economic activity, or public infrastructure
at risk, as appropriate; and
b. the severity of risk of flooding or the frequency with
which an area has experienced flooding;
8. for shore protection projects, projects in areas that
have suffered severe beach erosion requiring additional sand
placement outside of the normal beach renourishment cycle or
in which the normal beach renourishment cycle has been
delayed;
9. for navigation projects, the number of jobs or level of
economic activity to be supported by completion of the
project, separable element, or project phase;
10. for projects cost shared with the Inland Waterways
Trust Fund (IWTF), the economic impact on the local,
regional, and national economy if the project is not funded,
as well as discrete elements of work that can be completed
within the funding provided in this line item;
11. for other authorized project purposes and environmental
restoration or compliance projects, to include the beneficial
use of dredged material; and
12. for environmental infrastructure, projects with the
greater economic impact, projects in rural communities,
projects in communities with significant shoreline and
instances of runoff, projects in or that benefit counties or
parishes with high poverty rates, projects in financially
distressed municipalities, and projects that will provide
substantial benefits to water quality improvements.
The agreement provides funds making use of all estimated
annual revenues in the IWTF. The Corps shall allocate all
funds provided in the IWTF Revenues line item along with the
statutory cost share from funds provided in the Navigation
line item prior to allocating the remainder of funds in the
Navigation line item.
Aquatic Plant Control Program.--Of the funding provided for
the Aquatic Plant Control Program, $1,000,000 shall be for
activities for the control of the flowering rush. Of the
funding provided for the Aquatic Plant Control Program,
$5,000,000 shall be for nationwide research and development
to address invasive aquatic plants; within this funding, the
Corps is encouraged to support cost shared aquatic plant
management programs. Of the funding provided for the Aquatic
Plant Control Program, $5,000,000 shall be for watercraft
inspection stations, as authorized by section 1039 of the
Water Resources Reform and Development Act of 2014, and
related monitoring.
Continuing Authorities Program (CAP).--The agreement
continues to support all sections of the Continuing
Authorities Program. Funding is provided for eight CAP
sections at a total of $40,500,000, an increase of
$31,500,000 above the budget request, which proposed funding
for only four sections. This program provides a useful tool
for the Corps to undertake small localized projects without
the lengthy study and authorization process typical of larger
Corps projects. Within the Continuing Authorities Program and
to the extent already authorized by law, the Corps is
encouraged to consider projects that enhance coastal and
ocean ecosystem resiliency, projects in regions comprised of
cities whose historic flooding has been caused predominantly
by winter snowmelt and ice floes, and projects that address
erosion problems jeopardizing box culvert crossings on public
roadways. The management of the Continuing Authorities
Program shall continue consistent with direction provided in
previous fiscal years.
Alternative Financing.--The agreement only includes
direction in the Expenses account.
Oyster Restoration.--The Corps is encouraged to include
funding in future budget submissions for the Chesapeake Bay
Oyster Restoration program.
The Dalles Dam.--The agreement includes Senate language.
Additionally, the Administration is directed to brief the
Committees on Appropriations of both Houses of Congress not
later than 15 days after enactment of this Act on any
decision to require a new start determination or new
investment decision for additional work on an ongoing plan,
including justification if such a decision has been made.
McCook Reservoir.--In addition to the Senate report
language, the Corps is encouraged to provide sufficient
funding in future budget submissions.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $425,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
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[[Page H2447]]
[GRAPHIC] [TIFF OMITTED] TH220318.316
[[Page H2448]]
Additional Funding.--When allocating the additional funding
provided in this account, the Corps shall consider giving
priority to completing or accelerating ongoing work that will
enhance the nation's economic development, job growth, and
international competitiveness, or are for studies or projects
located in areas that have suffered recent natural disasters.
While this funding is shown under remaining items, the Corps
shall use these funds in investigations, construction, and
operation and maintenance, as applicable. Of the additional
funds provided in this account for flood control, the Corps
shall allocate not less than $11,770,000 for additional flood
control construction projects. Of the additional funds
provided in this account for other authorized project
purposes, the Corps shall allocate not less than $742,000 for
operation and maintenance of facilities that are educational
or to continue land management of mitigation features.
Mississippi River Commission.--No funding is provided for
this new line item. The Corps is directed to continue funding
the costs of the commission from within the funds provided
for activities within the Mississippi River and Tributaries
project.
OPERATION AND MAINTENANCE
The agreement includes $3,630,000,000 for Operation and
Maintenance.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
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[[Page H2470]]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based
on updated information regarding the amount of work that
could be accomplished in fiscal year 2018.
Surveillance of Northern Boundary Waters, Oregon.--The
agreement includes funding for activities in support of the
Columbia River Treaty in this line item, as in previous
years, rather than in a new line item ``Columbia River Treaty
2024 Implementation, OR & WA'' in the Investigations account
as in the budget request.
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to the following:
1. ability to complete ongoing work maintaining authorized
depths and widths of harbors and shipping channels, including
where contaminated sediments are present;
2. ability to address critical maintenance backlog;
3. presence of the U.S. Coast Guard;
4. extent to which the work will enhance national,
regional, or local economic development, including domestic
manufacturing capacity;
5. extent to which the work will promote job growth or
international competitiveness;
6. number of jobs created directly by the funded activity;
7. ability to obligate the funds allocated within the
calendar year;
8. ability to complete the project, separable element,
project phase, or useful increment of work within the funds
allocated;
9. risk of imminent failure or closure of the facility; and
10. for harbor maintenance activities,
a. total tonnage handled;
b. total exports;
c. total imports;
d. dollar value of cargo handled;
e. energy infrastructure and national security needs
served;
f. designation as strategic seaports;
g. lack of alternative means of freight movement; and
h. savings over alternative means of freight movement.
Additional funding provided for donor and energy transfer
ports shall be allocated in accordance with 33 U.S.C. 2238c.
The Corps is encouraged to include funding for this program
in future budget requests.
Facility Protection.--The agreement provides funding for
completion and deployment of tools to address hydrologic
extremes.
Monitoring of Completed Navigation Projects.--Of the
funding provided, $3,700,000 shall be to support the
structural health monitoring program to facilitate research
to maximize operations, enhance efficiency, and protect asset
life through catastrophic failure mitigation and $2,000,000
shall be for research related to the impacts of reduced
navigational lock operations as described in the Senate
report. The Corps is encouraged to also consider the need for
additional work on the evaluation of grouted trunnion rods
and the validation of technologies such as protective
coatings.
Water Operations Technical Support.--Funding in addition to
the budget request is included for research into atmospheric
rivers first funded in fiscal year 2015. The Corps is
directed to brief the Committees on Appropriations of both
Houses of Congress not later than 30 days after the enactment
of this Act on the application of this work to other
locations and projects, including technical transferability,
cost estimates, and appropriate budget structure.
Great Lakes Navigation System.--The agreement includes
funding for individual projects within this System that
exceeds the funding level envisioned in section
210(d)(1)(B)(ii) of the Water Resources Development Act of
1986.
Beneficial Use of Dredged Material.--In addition to Senate
direction, the Corps shall brief the Committees on
Appropriations of both Houses of Congress not later than 30
days after the enactment of this Act on the status of
implementation of this authority, including schedule, project
selection details, cost estimates, and planned budget
structure.
Coastal Inlet Research Program.--Funding in addition to the
budget request is included for the Corps to work with the
National Oceanic and Atmospheric Administration's National
Water Center on protecting the nation's water resources.
REGULATORY PROGRAM
The agreement includes $200,000,000 for the Regulatory
Program.
Aquaculture Activities.--The agreement includes House and
Senate direction.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $139,000,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $35,000,000 for Flood Control and
Coastal Emergencies. The agreement does not include use of
prior-year balances.
EXPENSES
The agreement includes $185,000,000 for Expenses.
Alternative financing.--There is support among Members of
Congress and within the Administration for public-private
partnerships (P3) and other alternative financing mechanisms.
These arrangements have the potential to be project delivery
tools to help sustain the performance of existing
infrastructure and construct new infrastructure more quickly.
In fiscal year 2016, the Corps was directed to develop a
policy on how proposals for public-private partnerships will
be considered by the Corps and how these partnerships will be
incorporated into the budget policy. A policy will allow
interested non-federal sponsors equal opportunity to develop
proposals for the Corps to review under established
guidelines. To date, the Corps has not developed a policy.
Therefore, the Corps is directed to issue this policy not
later than 180 days after the enactment of this Act.
Concurrently, the Corps shall provide to the Committees on
Appropriations of both Houses of Congress a report on
potential project and alternative financing evaluation
metrics, including identifying the viability of using total
return on federal investment as a metric for analyzing
projects while also considering and addressing longstanding
equity concerns that federal funding decisions not be biased
by non-federal decisions to construct projects in advance of
federal funding or to provide funding in excess of legally
required cost shares. Until such policy is issued, the Corps
shall discontinue all work on project specific public-private
partnerships beyond the P3 project selected as a new start in
fiscal year 2016.
Implementation guidance.--The Corps is directed to issue
expeditiously implementation guidance for section 1043 of the
Water Resources Reform and Development Act of 2014 (non-
federal implementation pilot program).
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The
agreement includes legislative language that restricts the
availability of funding until the Secretary submits a work
plan that allocates at least 95 percent of the additional
funding provided in each account (i.e., 95 percent of
additional funding provided in Investigations, 95 percent of
additional funding provided in Construction, etc.). This
restriction shall not affect the roles and responsibilities
established in previous fiscal years of the Office of the
Assistant Secretary of the Army for Civil Works, the Corps
headquarters, the Corps field operating agencies, or any
other executive branch agency.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision regarding the allocation
of funds.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision concerning funding
transfers related to fish hatcheries.
The agreement includes a provision regarding certain
dredged material disposal activities.
The agreement includes a provision regarding acquisitions.
The agreement includes a provision regarding reallocations
at a project.
The agreement includes a provision regarding section 404 of
the Federal Water Pollution Control Act.
The agreement includes a provision regarding a report by
the Chief of Engineers.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $10,500,000 for the
Central Utah Project Completion Account, which includes
$8,152,000 for Central Utah Project construction, $898,000
for transfer to the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission, and $1,450,000 for
necessary expenses of the Secretary of the Interior.
Bureau of Reclamation
In lieu of all House and Senate report direction regarding
additional funding and the fiscal year 2018 work plan, the
agreement includes direction under the heading ``Additional
Funding for Water and Related Resources Work'' in the Water
and Related Resources account.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes $1,332,124,000 for Water and Related
Resources. The agreement includes legislative language, in
accordance with Public Law 114-322, to allow the use of
certain funding provided in fiscal year 2017.
The catastrophic drought in the western United States over
the past several years has impacted community access to life-
giving water. Accordingly, the agreement supports the
Interior Department's efforts to complete feasibility studies
or initiate construction on seven projects identified by the
Department in the State of California, State of Idaho, and
State of Washington, consistent with Section 4007 of Public
Law 114-322. The Department is directed to work expeditiously
to bring these projects to fruition. Furthermore, funds made
available in accordance with Section 4007 of Public Law 114-
322 shall not be expended on construction
[[Page H2471]]
activities until such time as the Bureau of Reclamation has
complied with all applicable laws, including sections 4007(j)
and 4012(a)(1) of Public Law 114-322.
The agreement for Water and Related Resources is shown in
the following table:
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Scoggins Dam, Tualatin Project, Oregon.--The agreement
supports the administration's budget request for
preconstruction activities at Scoggins Dam under the Safety
of Dams program. Consistent with the Tualatin Project Water
Supply Feasibility Study authorized in Public Law 108-137 and
statutory authority granted by Public Law 114-113 allowing
for additional benefits to be conducted concurrently with dam
safety improvements, Reclamation is directed to evaluate
alternatives, including new or supplementary works, provided
that safety remains the paramount consideration, to address
dam safety modifications and increased storage capacity.
Considering the high risk associated with Scoggins Dam,
Reclamation is encouraged to work with local stakeholders and
repayment contractors on this joint project including
feasibility and environmental review of the preferred
alternative. A replacement structure downstream could
significantly reduce project costs for both the federal
government and local stakeholders. Reclamation may accept
contributed funds from non-federal contractors to expedite
completion of any level of review.
Salton Sea.--The agreement includes Senate direction.
Additional Funding for Water and Related Resources Work.--
The agreement includes funds in addition to the budget
request for Water and Related Resources studies, projects,
and activities. Priority in allocating these funds should be
given to advance and complete ongoing work, including
preconstruction activities and where environmental compliance
has been completed; improve water supply reliability; improve
water deliveries; enhance national, regional, or local
economic development; promote job growth; advance tribal and
nontribal water settlement studies and activities; or address
critical backlog maintenance and rehabilitation activities.
Of the additional funding provided under the heading ``Water
Conservation and Delivery'', $134,000,000 shall be for water
storage projects as authorized in section 4007 of Public Law
114-322. Of the additional funding provided under the heading
``Environmental Restoration or Compliance'', not less than
$30,000,000 shall be for activities authorized under sections
4001 and 4010 of Public Law 114-322 or as set forth in
federal-state plans for restoring threatened and endangered
fish species affected by the operation of the Bureau of
Reclamation's water projects.
Not later than 45 days after the enactment of this Act,
Reclamation shall provide to the Committees on Appropriations
of both Houses of Congress a report delineating how these
funds are to be distributed, in which phase the work is to be
accomplished, and an explanation of the criteria and rankings
used to justify each allocation.
Reclamation is reminded that activities authorized under
Indian Water Rights Settlements and under section 206 of
Public Law 113-235 are eligible to compete for the additional
funding provided under ``Water Conservation and Delivery''.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $12,000,000 shall be for desalination projects as
authorized in section 4009(a) of Public Law 114-322.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the funding provided for this program,
$20,000,000 shall be for water recycling and reuse projects
as authorized in section 4009(c) of Public Law 114-322.
Projects Serving Military Installations.--Reclamation is
directed to submit to the Committees on Appropriations of
both Houses of Congress not later than 120 days after
enactment of this Act a report describing existing programs,
authorities, and funding options available to advance water
projects that serve military installations. Reclamation shall
consult with the Department of Defense in developing this
report.
Rural Water.--Voluntary funding in excess of legally
required cost shares for rural water projects is acceptable,
but shall not be used by Reclamation as a criterion for
allocating additional funding provided in this agreement or
for budgeting in future years.
WIIN Act Implementation.--The Bureau of Reclamation is
directed to move expeditiously on implementation of the WIIN
Act (Public Law 114-322). Specifically, Reclamation is
expected to recommend water storage projects for funding
under section 4007 and water desalination projects for
funding under section 4009(a) by no later than September 30,
2018. To meet this deadline, Reclamation, by no later than
April 30, 2018, shall develop guidelines and criteria for
administering section 4009(a) and issue a funding opportunity
announcement for funding provided under that section in
fiscal years 2017 and 2018.
Title XVI Evaluation Criteria.--The Secretary is directed
to review the technical proposal evaluation criteria in
future funding opportunity announcements associated with
water recycling and reuse projects to ensure that a diversity
of water recycling projects are able to equitably compete for
funding. When evaluating projects for available funding, the
Secretary is directed to consider that a project's economic
benefits can be measured in multiple ways, not only through
cost per acre-foot of water generated, to ensure an equitable
comparison of projects. Further, the Secretary is directed to
consider the cost per acre-foot of each project in comparison
to other water supply alternatives available within the
project area and the cost per acre-foot of water generated by
projects with similar characteristics.
Buried Metallic Water Pipe.--Reclamation shall continue
following its temporary design guidance.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $41,376,000 for the Central Valley
Project Restoration Fund.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $37,000,000 for the California Bay-
Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $59,000,000 for Policy and
Administration.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting the Bureau of
Reclamation to purchase not more than five passenger vehicles
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding the
Reclamation States Emergency Drought Relief Act of 1991.
The agreement includes a provision regarding aquifer
recharge at a project.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $34,520,049,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security. The
Department is prohibited from funding fellowship and
scholarship programs in fiscal year 2018 unless the programs
were explicitly included in the budget justification or
funded within this agreement. The Department is expected to
spend funds as provided for within this agreement in an
expeditious manner, to include the issuance of funding
opportunity announcements and awards of funds.
Five-Year Plan.--The Department is directed to submit to
the Committees on Appropriations of both Houses of Congress
not later than September 30, 2018 a report on the plan to
comply with 42 U.S.C. 7279a.
Grid Modernization.--The Department is directed to continue
to support ongoing work between the national laboratories,
industry, and universities to improve grid reliability and
resiliency. The Department is also directed to continue
implementation of the Grid Modernization Multi-Year Program
Plan. The National Academies of Sciences, Engineering, and
Medicine is directed to conduct an evaluation of the expected
medium- and long-term evolution of the grid. This evaluation
shall focus on developments that include the emergence of new
technologies, planning and operating techniques, grid
architecture, and business models.
Cybersecurity.--The Department is directed to provide to
the Committees on Appropriations of both Houses of Congress
not later than 90 days after the enactment of this Act the
cybersecurity plans directed in the House and Senate reports.
Payments in Lieu of Taxes (PILT).--In lieu of House
direction, DOE shall conduct a review of its current PILT
agreements and provide to the Committees on Appropriations of
both Houses of Congress not later than 180 days after
enactment of this Act a report that describes the following:
(1) the terms and costs of each PILT agreement;
(2) a description of how DOE determines site eligibility;
(3) an analysis of whether the current PILT agreements use
methods of calculation that are consistent with current DOE
policy guidelines, with guidance in the Atomic Energy Act
that the Department shall be guided by the policy of not
making payments in excess of the taxes which would have been
payable for such property in the condition in which it was
acquired, or with methods of calculation at other DOE sites;
(4) an explanation for any agreements with notable
variances, including special burdens;
(5) a description of DOE procedures for negotiating and
approving new agreements, including internal oversight
mechanisms in place;
(6) recommendations for changes needed to ensure that
agreements are consistent across sites.
The agreement includes direction in the House report for
the Comptroller General to provide an update on any changes
to DOE's PILT program since the issue was last examined by
the Government Accountability Office.
Reprogramming Requirements
The agreement carries the Department's reprogramming
authority in statute to ensure that the Department carries
out its programs consistent with congressional direction. The
Department shall, when possible, submit consolidated,
cumulative notifications to the Committees on Appropriations
of both Houses of Congress.
Definition.--A reprogramming includes the reallocation of
funds from one program, project, or activity to another
within an appropriation. For construction projects, a
reprogramming constitutes the reallocation of funds from one
construction project to another project or a change of
$2,000,000 or 10 percent, whichever is less, in the scope of
an approved project.
[[Page H2482]]
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
The agreement provides $2,321,778,000 for Energy Efficiency
and Renewable Energy (EERE).
The Department is directed to work with the Environmental
Protection Agency to review its 2009 Memorandum of
Understanding related to the Energy Star Program and report
to the Committees on Appropriations of both Houses of
Congress not later than 90 days after the enactment of this
Act on whether the expected efficiencies for home appliance
products have been achieved.
SUSTAINABLE TRANSPORTATION
Vehicle Technologies.--Within available funds, the
agreement provides not less than $160,000,000 for Electric
Drive Technologies Research and Development, not less than
$25,000,000 for Energy Efficient Mobility Systems, not less
than $42,988,000 for Advanced Combustion Engine Research and
Development, not less than $25,000,000 for Materials
Technology, not less than $16,000,000 for Vehicle Systems,
and not less than $10,000,000 to continue funding of Section
131 of the 2007 Energy Independence and Security Act for
transportation electrification. The agreement provides
$20,000,000 for the SuperTruck II program to further improve
the efficiency of heavy-duty class 8 long- and regional-haul
vehicles and continue support of the five SuperTruck II
awards. The agreement provides $46,300,000 for Outreach,
Deployment, and Analysis. Within this amount, $37,800,000 is
provided for Deployment through the Clean Cities Program and
$2,500,000 is for year four of EcoCAR3. Within available
funds, the agreement provides up to $15,000,000 for medium-
and heavy-duty on-road natural gas engine research and
development, including energy efficiency improvements,
emission after-treatment technologies, fuel system
enhancements, and new engine development and up to
$10,000,000 to continue to support improving the energy
efficiency of commercial off-road vehicles, including fluid
power systems.
Bioenergy Technologies.--Within available funds, the
agreement provides $27,000,000 for feedstock supply and
logistics; $90,000,000 for Conversion Technologies, of which
$20,000,000 is to continue the Agile Biology Foundry,
$5,000,000 is to continue the biopower program, and
$5,000,000 is to improve the efficiency of community and
smaller digesters that accept both farm and food wastes; and
$30,000,000 for algal biofuels. When awarding grants and
cooperative agreements for algal biofuels research and
development, not less than 50 percent of the dollar value of
awards shall be for university- or industry-led consortia.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after the enactment of this Act a report on research and
development activities that can improve the economic
viability of municipal solid waste-to-energy facilities.
Hydrogen and Fuel Cell Technologies.--Within available
funds, the agreement provides $19,000,000 for Technology
Acceleration activities, including $3,000,000 for
manufacturing research and development and $7,000,000 for
industry-led efforts to demonstrate a hydrogen-focused
integrated renewable energy production, storage, and
transportation fuel distribution/retailing system. Within
available funds, the agreement provides $2,000,000 for the
EERE share of the integrated energy systems work with the
Office of Nuclear Energy and $7,000,000 to enable integrated
energy systems using high and low temperature electrolyzers
with the intent of advancing the H2@Scale concept.
RENEWABLE ENERGY
Solar Energy.--Within available funds, the agreement
provides $55,000,000 for concentrating solar power research,
development, and demonstration of technologies that reduce
overall system costs, better integrate subsystem components,
develop higher-temperature receivers, and improve the design
of solar collection and thermal energy storage; $70,000,000
for Photovoltaic Research and Development; and $20,000,000
for Innovations in Manufacturing Competitiveness. The
Department is encouraged to continue to support the
Photovoltaic Regional Test Centers. Within available funds
for concentrating solar power research, development, and
demonstration, $6,000,000 is provided for competitively
selected projects focused on advanced thermal desalination
techniques.
Wind Energy.--Within available funds, the agreement
provides not less than $10,000,000 on LCOE reduction,
domestic manufacturing, and lowering market barriers for
distributed wind systems, including small wind for rural
homes and farms. The Department is directed to give priority
to stewarding the assets and optimizing the operations of the
Department-owned wind research and testing facilities. The
agreement provides not less than $30,000,000 for the National
Wind Technology Center. The Department is directed to support
the advancement of innovative technologies for offshore wind
development, including freshwater, deepwater, shallow water,
and transitional depth installations. In addition, the
Department is directed to continue to support the previously
awarded innovative Offshore Wind Advanced Technology
Demonstration Projects and to support the deployment and
testing of scale floating wind turbines designed to reduce
energy costs. Within available funds, the agreement provides
not less than $15,000,000 for the Department to prioritize
early stage research on materials and manufacturing methods
and advanced components that will enable accessing high-
quality wind resources, on development that will enable these
technologies to compete in the marketplace without the need
for subsidies, and on activities that will accelerate
fundamental offshore-specific research and development, such
as those that target technology and deployment challenges
unique to U.S. waters.
Water Power.--In lieu of Senate report direction, the
agreement provides $70,000,000 for marine and hydrokinetic
technology research, development, and deployment activities,
including research into mitigation of marine ecosystem
impacts of these technologies. The Department is directed to
continue development of the open-water wave energy test
facility with previously provided funds. The Department is
directed to continue competitive solicitations to increase
energy capture, reliability, and survivability at lower costs
for a balanced portfolio of wave and current (ocean, river,
tidal) energy conversion systems and components. Within
available funds, the agreement provides $30,000,000 for
industry- and university-led basic and applied research,
development, and validation projects encompassing a pipeline
of higher and lower technology readiness levels. The funds
shall be used for new awards or to bring existing and
validation awards toward completion. The agreement provides
not less than $8,000,000 to support collaborations between
the previously designated university-based Marine Renewable
Energy Centers and the national laboratories, including
personnel exchanges, to support industry by conducting
research, development, and deployment of marine energy
components and systems. In addition, the Department is
directed to continue its coordination with the U.S. Navy on
marine energy technology development for national security
applications at the Wave Energy Test Site and other
locations. Within available funds, the Department is directed
to prioritize the necessary infrastructure upgrades at marine
industry testing sites operated by the national laboratories
or the National Marine Renewable Energy Centers. The
agreement provides not less than $1,000,000 for these
efforts.
Within available funds, $35,000,000 is provided for
conventional hydropower and pumped storage activities,
including $6,600,000 for the purposes of section 242 of the
Energy Policy Act of 2005 (Public Law 109-58). The agreement
provides $10,000,000 for a competitive funding opportunity
for multiple awardees to test the commercial viability of new
use cases for pumped storage hydropower at locations to
enhance grid reliability and manage variable generation.
Geothermal Technologies.--In lieu of Senate report
direction, the agreement provides $30,000,000 for the
continuation of activities for the Frontier Observatory for
Research in Geothermal Energy project. The Department is
directed to continue its efforts to identify prospective
geothermal resources in areas with no obvious surface
expressions.
ENERGY EFFICIENCY
Advanced Manufacturing.--The following is the only
direction for Advanced Manufacturing. The agreement provides
not less than $4,205,000 for improvements in the steel
industry and $5,000,000 for transient kinetic analysis for
scaling of industrial processes and developing new catalysis
programs for industrial applications. Within available funds,
$85,000,000 is for Advanced Manufacturing Research and
Development Projects; $153,000,000 is for Advanced
Manufacturing Research and Development Facilities, of which
$70,000,000 is for five Clean Energy Manufacturing Innovation
(CEMI) Institutes, including $14,000,000 each for the
Advanced Composites Manufacturing Innovation Institute, the
Smart Manufacturing Innovation Institute, the Reducing
Embodied-energy and Decreasing Emissions (REMADE) Institute,
the Rapid Advancement in Process Intensification Deployment
(RAPID) Institute, and a CEMI selection to be announced,
$20,000,000 is for the Manufacturing Demonstration Facility
(MDF), $20,000,000 is for the Energy-Water Desalination Hub,
and $25,000,000 is for the Critical Materials Hub; and
$30,000,000 is for Industrial Technical Assistance, of which
$5,000,000 is for the Combined Heat and Power Technical
Assistance Partnerships and $7,000,000 is for related
combined heat and power activities. Within funds for the MDF,
the Department is directed to continue its emphasis on
assisting small- and medium-sized businesses to overcome the
risks and challenges of investing in specialized, high-
technology equipment at the MDF. Within available funds for
Industrial Assessment Centers, the agreement provides not
less than $1,500,000 for wastewater treatment technical
assistance. Within available funds, the agreement provides
$10,000,000 for district heating and directs the Department
to collaborate with industry and provide to the Committees on
Appropriations of both Houses of Congress not later than 90
days after the enactment of this Act a report that assesses
the potential energy efficiency and energy security gains to
be realized with district energy systems. The Department is
directed to further foster the partnership between the
national laboratories, universities, and industry to use
thermoplastics composites and 3-D printing for renewable
energy to overcome challenges to the development and
implementation of innovative offshore wind technologies.
Building Technologies.--The agreement provides $23,000,000
for Residential Buildings Integration, $32,000,000 for
Commercial
[[Page H2483]]
Buildings Integration, $90,000,000 for Emerging Technologies,
and $50,000,000 for Equipment and Buildings Standards. Within
available funds, $25,000,000 is for transactive controls
research and development, of which $5,000,000 is to continue
promoting regional demonstrations of new, utility-led,
residential Connected Communities advancing smart grid
systems. Within available funds, $25,000,000 is for solid-
state lighting technology development and, if the Secretary
finds solid-state lighting technology eligible for the
Twenty-First Century Lamp Prize specified under Section 655
of the Energy Independence and Security Act of 2007,
$5,000,000 is provided in addition to funds for solid-state
lighting research and development. The agreement also
provides $10,000,000, within available funds, for research
and development for energy efficiency efforts related to the
direct use of natural gas in residential applications,
including gas heat pump heating and water heating, on-site
combined heat and power, and natural gas appliance venting.
Weatherization and Intergovernmental Programs.--The
Department is directed to make $500,000 available to current
Weatherization Assistance Program grant recipients via the
Weatherization Innovation Pilot Program to develop and
implement strategies to treat harmful substances, including
vermiculite.
Electricity Delivery and Energy Reliability
The agreement provides $248,329,000 for Electricity
Delivery and Energy Reliability.
Within Transmission Reliability, the agreement provides
$5,000,000 for university, national laboratory, and industry
research and development for competitively-awarded activities
to develop multi-use integrated analytical and decision-
making tools.
Within Resilient Distribution Systems, the agreement
provides $5,000,000 for field validation of sensors using
data analytics for utilities to improve operations in steady-
state and under extreme conditions, and to continue early-
stage research to develop low-cost, printable sensors that
can predict the health of critical equipment in the electric
delivery system.
Within Cyber Security for Energy Delivery Systems, the
agreement provides $10,000,000 to complete the development of
the industry-scale electric grid test bed and not less than
$5,000,000 to develop cyber and cyber-physical solutions for
advanced control concepts for distribution and municipal
utility companies.
Within Transformer Resilience and Advanced Components, the
Department is directed to continue to support research and
development for advanced components and grid materials for
low-cost, power flow control devices, including both solid
state and hybrid concepts that use power electronics to
control electromagnetic devices and enable improved
controllability, flexibility, and resiliency.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 90
days after the enactment of this Act a report identifying
strategic laboratory, university, and industry partnerships
that would enhance national security and assist industry in
addressing critical threats, including electromagnetic
pulses, geomagnetic disturbances, cyberattacks, and supply
chain disruptions.
Nuclear Energy
The agreement provides $1,205,056,000 for Nuclear Energy.
Nuclear Energy Enabling Technologies.--Within available
funds, $50,000,000 is for Crosscutting Technology
Development, of which $10,000,000 is for work on advanced
sensors and instrumentation, $6,000,000 is for hybrid energy
systems, and not less than $30,000,000 is to support
development of advanced reactor technologies and high-
priority crosscutting research and development areas. Funding
for nuclear cybersecurity and hybrid electric systems is
provided only within Crosscutting Technology Development. The
agreement provides $41,000,000 for the Nuclear Science User
Facilities, of which $5,000,000 is for nuclear energy
computation support. In lieu of House direction, the
agreement provides $28,200,000 for Nuclear Energy Advanced
Modeling and Simulation and $30,000,000 for the Energy
Innovation Hub for Modeling and Simulation to continue
ongoing work, including collaboration with the Nuclear
Regulatory Commission to evaluate the use of high fidelity
modeling and simulation tools in the regulatory environment.
Reactor Concepts Research and Development.--Within
available funds, $155,000,000 is for Advanced Reactor
Technologies, of which not less than $60,000,000 is for a
solicitation to support technical, first-of-its-kind
engineering and design and regulatory development of next
generation light water and non-light water reactor
technologies, including small modular reactors; $18,000,000
is for the third year of the advanced reactor concepts
program; $3,000,000 is for testing and development of dynamic
convection technology; and up to $5,000,000 is for a MW-scale
reactor study. The agreement provides $35,000,000 for the
versatile fast test reactor for research and development
activities to achieve CD-0. The project is directed to follow
the Department of Energy Order 413.3B ``Program and Project
Management for the Acquisition of Capital Assets'' guidance
once CD-0 is obtained. The agreement provides $47,000,000 for
the Light Water Reactor Sustainability program to continue
research and development work on the technical basis for
subsequent license renewal. The Department shall focus
funding within the Light Water Reactor Sustainability program
on materials aging and degradation, advanced instrumentation
and control technologies, and component aging modeling and
simulation. The Department shall also coordinate with
industry and the national laboratories to determine other
areas of high-priority research and development in this area.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress within 180 days of
the enactment of this Act a report that sets aggressive, but
achievable goals to demonstrate a variety of private-sector
advanced reactor designs and fuel types by the late 2020s.
The report shall include anticipated costs, both federal and
private, needed to achieve the goals. The Department shall
collaborate with national laboratories, nuclear vendors,
utilities, potential end users (such as petrochemical
companies), and other stakeholders to identify subprogram
priorities necessary to meet the identified goals. The
Department is also directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 90
days after the enactment of this Act a report that details
all current programs and projects within the Office of
Nuclear Energy, whether the Department plans to continue to
support each program or project, and the expected out-year
funding through completion of the program or project.
Fuel Cycle Research and Development.--The agreement
provides $125,000,000 for the Advanced Fuels program, of
which not less than $55,600,000 is to continue the
participation of three industry-led teams in Phase 2 of the
cost shared research and development program on Accident
Tolerant Fuels; not less than $20,000,000 is to support
accident tolerant fuels development at the national
laboratories and other facilities, including at the Advanced
Test Reactor, the Transient Reactor Test Facility, and the
Halden reactor; $3,000,000 is for continuation of the
previously competitively awarded small business projects to
develop ceramic cladding for Accident Tolerant Fuels; and
$8,000,000 is for additional support of capability
development of transient testing, including test design,
modeling, and simulation. Within available funds, $8,641,000
is for Systems Analysis and Integration and $30,000,000 is
for Material Recovery and Waste Form Development.
The agreement provides $86,415,000 for Used Nuclear Fuel
Disposition, of which $63,915,000 is to continue generic
research and development activities. Within available funds
for Used Nuclear Fuel Disposition, the Department is directed
to continue research and development activities on behavior
of spent fuel during storage, transportation, and disposal,
with priority on preparation activities for testing high-
burnup fuel and post-irradiation examination of spent fuel
rods and on the direct disposal of dry storage canister
technologies. In lieu of Senate report direction, the
agreement includes $22,500,000 for Integrated Waste
Management System activities and no further direction. Within
the amounts for Used Nuclear Fuel Disposition, the agreement
does not include defense funds.
Radiological Facilities Management.--The agreement includes
$20,000,000 for continued safe operation and maintenance of
Oak Ridge National Laboratory hot cells.
Idaho Facilities Management.--In lieu of House and Senate
report direction, the agreement provides $288,000,000 for INL
Operations and Infrastructure to support the MFC and ATR Five
Year Plan to increase reliability and sustainability. The
Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after the enactment of this Act a report that lists the
current and planned users for the ATR for the next 3 years,
the operating cost attributed to each user, and the source of
funds that will be applied to cover the costs for each user.
Fossil Energy Research and Development
The agreement provides $726,817,000 for Fossil Energy
Research and Development.
The agreement does not include the proposed restructuring
of the ``NETL Research and Operations'' and ``NETL
Infrastructure'' accounts and instead continues the budget
structure from fiscal year 2017. The Department is directed
to develop a cohesive policy and technology strategy and
supporting roadmap or long-term plan for its Fossil Energy
Research and Development portfolio and supporting
infrastructure to guide the discovery or advancement of
technological solutions that incorporate lessons learned for
the future of research, development, and demonstration
efforts on advanced carbon capture and storage (CCS)
technologies, advanced fossil energy systems, and
crosscutting fossil energy research, as well as guide the
discovery or advancement of technological solutions for the
prudent and sustainable development of unconventional oil and
gas. The Department is directed to deliver the ``Fossil
Energy Roadmap'' to the Committees on Appropriations of both
Houses of Congress not later than 1 year after the enactment
of this Act. The agreement does not support the closure of
any National Energy Technology Laboratory (NETL) sites and
provides no funds to plan, develop, implement, or pursue the
consolidation or closure of any of the NETL sites. The
agreement directs the Department to conduct a comprehensive
assessment of Fossil
[[Page H2484]]
Energy writ large to include the Fossil Energy Headquarters
programs, NETL, and relevant competencies of other national
laboratories which support the mission of the Office of
Fossil Energy. The assessment shall include an examination of
the roles and responsibilities of staff within the
Headquarters program, operations offices, and NETL to ensure
the fossil energy research and development portfolio and
supporting infrastructure are responsive to a cohesive policy
and technology strategy.
Coal Carbon Capture and Storage (CCS) and Power Systems.--
The Department is directed to use funds from Coal CCS and
Power Systems for both coal and natural gas research and
development as it determines to be merited, as long as such
research does not occur at the expense of coal research and
development. The agreement includes $35,000,000 to continue
to support the solicitation for two large-scale pilots that
focus on transformational coal technologies that represent a
new way to convert energy to enable a step change in
performance, efficiency, and the cost of electricity compared
to today's technologies. Such technologies include
thermodynamic improvements in energy conversion and heat
transfer, such as pressurized oxygen combustion and chemical
looping, and improvements in carbon capture systems
technology. In making the awards for large-scale pilots, the
Department should prioritize entities that have previously
received funding for these technologies at the lab and bench
scale. The agreement provides $2,000,000 for Hybrid Carbon
Conversion activities. The agreement also includes funding
for the Department's National Carbon Capture Center
consistent with the cooperative agreement and fiscal year
2017.
Within Carbon Storage, the agreement provides $12,000,000
for Carbon Use and Reuse and $45,000,000 for Storage
Infrastructure. The agreement recognizes the successful work
of the Regional Carbon Sequestration Partnerships (RCSPs) and
the important role they have played in supporting the
research and development of CCS. The Department is directed
to fulfill prior commitments to the RCSPs. Within available
funds for Storage Infrastructure, the agreement provides not
less than $30,000,000 to support the CarbonSAFE initiative in
which the RCSPs are eligible to participate. Within Advanced
Energy Systems, the agreement provides $25,000,000 for
Gasification Systems, of which $8,000,000 is for the Advanced
Air Separation Program to continue activities improving
advanced air separation technologies and $30,000,000 is for
Solid Oxide Fuel Cells to focus on research and development
to enable efficient, cost-effective electricity generation
with minimal use of water and the use of abundant domestic
coal and natural gas resources with near-zero atmospheric
emissions of CO2 and pollutants. Within available funds for
Advanced Energy Systems, the Department is directed to focus
on modular coal technologies that are capable of distributed
generation, represent maximum efficiency improvements over
the current average fleet, incorporate advanced emissions
control systems, and are economically competitive. Within
Cross Cutting Research, the agreement provides $20,000,000
for Coal Utilization Science, $34,500,000 for Plant
Optimization Technologies, $18,000,000 for the Advanced
Ultrasupercritical Program, and $1,000,000 to award research
grants to qualifying universities and institutions in the
Department's Historically Black Colleges and Universities and
Hispanic-Serving Institutions education and training program.
Within NETL Coal Research and Development, the agreement
provides $15,000,000 for the Department to expand its
external agency activities to develop and test commercially
viable advanced separation technologies at proof-of-concept
or pilot scale that can be deployed near term for the
extraction and recovery of rare earth elements and minerals
from U.S. coal and coal byproduct sources having the highest
potential for success.
Natural Gas Technologies.--The agreement provides
$5,200,000 to continue the Risk Based Data Management System
(RBDMS) to support a cloud-based application and necessary
cybersecurity initiatives. The Department is directed to
support the continued integration of FracFocus and RBDMS for
improved public access to State oil and gas related data, as
well as for State regulatory agencies to support electronic
permitting for operators, eForms for improved processing time
for new permits, operator training from the improved
FracFocus 3.2 after enhancements are implemented, and
miscellaneous reports such as ``Produced Water Report:
Current and Future Beneficial Uses Report''.
The agreement provides $20,000,000 for Methane Hydrate
Activities, $9,000,000 for Environmentally Prudent
Development, $10,000,000 for Emissions Mitigation from
Midstream Infrastructure, and $5,000,000 for Emissions
Quantification from Natural Gas Infrastructure.
Unconventional Technologies.--Within available funds,
$12,300,000 is for research to better understand reservoirs
and to improve low recovery factors from unconventional
natural gas and oil wells through more efficient well
completion methods and $12,300,000 is to continue research
toward enhanced recovery technologies in shale oil, low
permeability reservoirs, residual oil zone reservoirs, and
technology transfer methods. The Department should coordinate
these efforts on a nationwide basis through a consortium of
researchers and industry. Funds shall be awarded to a not-
for-profit or university consortium comprised of
multidisciplinary teams from industry, academia, and
stakeholder groups that may also include State organizations.
The projects will include research projects to improve
environmental mitigation, water quality and treatment,
infrastructure technology as well as the societal impacts of
unconventional shale plays. These awards shall identify ways
to improve existing technologies, encourage prudent
development, provide cost effective solutions, and develop a
better understanding of these reservoirs' resource potential.
The Department is directed to identify the federal agencies
with jurisdictional oversight of establishing an ethane
storage and distribution hub in central Appalachia and to
coordinate with the liaisons of those agencies to streamline
the permitting application and approval process. The
Department is encouraged to explore research and development
for safe drilling and completion technologies that use no
fresh water and can be deployed in horizontal wells. The
agreement also provides $14,000,000 for the Unconventional
Field Test Sites. The Department is directed to continue its
research partnership with the Department of Transportation on
the crude oil characterization study to improve the safety of
crude oil transported by rail. The agreement provides
$1,400,000 to continue this study.
NETL Research and Operations.--The Department is directed
to establish university partnerships to support efforts to
increase production of unconventional fossil fuels through
innovative seismic research, including optimizing high
resolution and time-lapse geophysical methods for improved
resource detection and better rock characterization. The
objective of this research is to facilitate necessary
technology development, expand understanding of subsurface
dynamics, encourage prudent development, and develop best
practices and tools.
NETL Infrastructure.--The agreement provides $5,500,000 for
financing NETL's Supercomputer, Joule, through the second
year of a 3 year lease and directs the Department to
prioritize funds to provide site-wide upgrades for safety and
avoid an increase in deferred maintenance.
Naval Petroleum and Oil Shale Reserves
The agreement provides $4,900,000 for the operation of the
Naval Petroleum and Oil Shale Reserves. The agreement
includes the use of $15,300,000 in prior-year balances.
Strategic Petroleum Reserve
The agreement provides $252,000,000 for the Strategic
Petroleum Reserve. Funding above the budget request is to
address facilities development and operations, including
physical security and cavern integrity, and to maintain
1,000,000 barrels of gasoline blendstock in the Northeast
Gasoline Supply Reserve. The agreement includes legislative
language regarding a drawdown and sale of oil and use of
proceeds in fiscal year 2018.
SPR Petroleum Account
The agreement provides $8,400,000 for the SPR Petroleum
Account to pay for the costs of certain statutorily-mandated
crude oil sales.
Northeast Home Heating Oil Reserve
The agreement provides $6,500,000 for the Northeast Home
Heating Oil Reserve. The agreement includes the use of
$3,500,000 in prior-year balances.
Energy Information Administration
The agreement provides $125,000,000 for the Energy
Information Administration.
Non-Defense Environmental Cleanup
The agreement provides $298,400,000 for Non-Defense
Environmental Cleanup.
Small Sites.--The agreement provides $119,856,000 for Small
Sites. Within this amount, $41,000,000 shall be for Lawrence
Berkeley National Laboratory, $8,000,000 shall be for Oak
Ridge activities, $37,884,000 shall be for Moab, and
$10,000,000 shall be to complete ongoing work at the
Southwest Experimental Fast Oxide Reactor.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $840,000,000 for activities funded
from the Uranium Enrichment Decontamination and
Decommissioning Fund.
Portsmouth.--The agreement includes $30,000,000 above the
budget request, which is equivalent to the amount of proceeds
that DOE planned to generate through bartering arrangements
in order to fund additional cleanup in fiscal year 2018.
After the date of enactment of this Act, DOE shall not
barter, transfer, or sell uranium for the remainder of fiscal
year 2018 in order to generate additional funding for
Portsmouth cleanup that is in excess of the amount of funding
provided in this Act.
Science
The agreement provides $6,259,903,000 for the Office of
Science. The agreement provides $2,000,000, to be funded from
across all Office of Science programs, to support the
Distinguished Scientist Program, as authorized in section
5011 of Public Law 110-69.
Advanced Scientific Computing Research (ASCR).--The
following is the only direction provided for ASCR. Within
available funds, the agreement provides $205,000,000 for the
Exascale Computing Project, $110,000,000 for the Argonne
Leadership Computing Facility, $162,500,000 for the Oak Ridge
Leadership Computing Facility, $94,000,000 for the National
Energy Research Scientific Computing Center at Lawrence
Berkeley National Laboratory, $10,000,000 for the
Computational Sciences Graduate Fellowship program, and
$79,000,000 for ESnet.
[[Page H2485]]
Basic Energy Sciences (BES).--The following is the only
direction provided for BES. The agreement provides not less
than $20,000,000 for the Experimental Program to Stimulate
Competitive Research; not less than $130,500,000 to continue
the five existing Nanoscale Science Research Centers; not
less than $110,000,000 for the Energy Frontier Research
Centers; not less than $26,000,000 for exascale systems; not
less than $490,059,000 for the five BES light sources; not
less than $23,900,000 for Other Project Costs, of which
$14,000,000 is for the Advanced Light Source Upgrade,
$7,900,000 is for LCLS II, and $2,000,000 is for the High
Energy Upgrade at LCLS II; and not less than $281,000,000 for
the High-Flux Neutron Sources, of which $205,000,000 is for
the Spallation Neutron Source, $75,000,000 is for the High-
Flux Isotope Reactor, and up to $1,000,000 is for the Lujan
Neutron Scattering Center. Within available funds, the
agreement provides not less than $24,088,000 for the
Batteries and Energy Storage Hub and not less than
$15,000,000 for the Fuels from Sunlight Hub. The Department
is directed to move forward with the review and renewal
process to support the next 5-year charter for next-
generation battery and storage technologies. The agreement
provides $7,000,000 for ongoing surveillance and monitoring
activities designed to detect groundwater contamination at or
near Brookhaven National Laboratory from the legacy High Flux
Beam Reactor. The Department is directed to continue its
partnership with qualified institutions of higher education
in support of energy research activities related to enhanced
efficiency in energy conversion and utilization, including
emergent polymer optoelectronic technologies.
Biological and Environmental Research (BER).--The following
is the only direction provided for BER. The Department is
directed to give priority to optimizing the operation of BER
user facilities. Within available funds, the agreement
provides $90,000,000 for the four Bioenergy Research Centers,
including $25,000,000 for the three existing centers and
$15,000,000 for the new awardee; not less than $69,300,000
for the Joint Genome Institute; not less than $43,200,000 for
the Environmental Molecular Sciences Laboratory; not less
than $65,400,000 for the Atmospheric Radiation Measurement
User Facility; not less than $10,000,000 for NGEE-Arctic; not
less than $5,500,000 for NGEE-Tropics; not less than
$8,300,000 for the SPRUCE field site; not less than
$6,800,000 for the Watershed Function Science Focus Area; not
less than $5,700,000 for the Ameriflux project; and
$10,000,000 for exascale computing. Within available funds,
the agreement provides $3,000,000 to support ongoing research
and discovery related to mercury biogeochemical
transformations in the environment. The Department is
directed to expend appropriated funds for critical research
on environmental and biological science. Further, the
Department is directed to maintain Genomic Science as a top
priority and continue to support the Mesoscale to Molecules
Activity.
Fusion Energy Sciences.--The agreement provides
$277,665,000 for burning plasma science foundations,
$52,246,000 for burning plasma science long pulse, and
$80,200,000 for discovery plasma science. Within available
funds, the agreement provides $17,500,000 for High Energy
Density Laboratory Plasmas and $20,000,000 for Scientific
Discovery through Advanced Computing. The agreement provides
$122,000,000 for the in-kind contributions and related
support activities of ITER. The Department is directed to
assess science drivers for the NSTX-U to support future
planning for the Fusion Energy Sciences program and provide
to the Committees on Appropriations of both Houses of
Congress a briefing upon completion.
High Energy Physics.--Within available funds, the agreement
provides $24,100,000 and a new detailed table entry for PIP-
II, $9,800,000 for the Large Synoptic Survey Telescope
Camera, and $10,000,000 to continue the upgrade of FACET II.
In lieu of House report direction, the agreement provides
$17,500,000 for DESI, $14,100,000 for LUX ZEPLIN, and
$7,400,000 for SuperCDMS-SnoLab.
Nuclear Physics.--Within available funds, the agreement
provides $10,000,000 for the Stable Isotope Production
Facility and $5,200,000 for the Gamma-Ray Energy Tracking
Array. In lieu of Senate report direction on operations, the
Department is directed to give priority to optimizing the
operations for the Relativistic Heavy Ion Collider, the
Continuous Electron Beam Accelerator Facility, the Argonne
Tandem Linac Accelerator System, and the Brookhaven Linac
Isotope Producer Facility.
Science Laboratories Infrastructure.--The Office of Science
is directed to work with the Office of Nuclear Energy to
demonstrate a commitment to operations and maintenance of
nuclear facilities at Oak Ridge National Laboratory that
support multiple critical missions.
Advanced Research Projects Agency--Energy
The agreement provides $353,314,000 for the Advanced
Research Projects Agency--Energy.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides $33,000,000 for administrative
expenses for the Title 17 Innovative Technology Loan
Guarantee Program. This amount is offset by estimated
revenues of $10,000,000, resulting in a net appropriation of
$23,000,000. The agreement maintains the Title 17 Innovative
Technology Loan Guarantee Program, and the Department is
directed to process loan applications.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $5,000,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Tribal Energy Loan Guarantee Program
The agreement provides $1,000,000 for the Tribal Energy
Loan Guarantee Program.
Departmental Administration
The agreement provides $189,652,000 for Departmental
Administration.
Control Points.--In lieu of House and Senate direction on
control points, the agreement includes six reprogramming
control points in this account to provide flexibility in the
management of support functions. The Other Departmental
activity includes Management, Project Management Oversight
and Assessments, Chief Human Capital Officer, Office of
Technology Transitions, Office of Small and Disadvantaged
Business Utilization, General Counsel, Energy Policy and
Systems Analysis, International Affairs, and Public Affairs.
The Department is directed to continue to submit a budget
request that proposes a separate funding level for each of
these activities. Within International Affairs, the agreement
includes $2,000,000 for the Israel Binational Industrial
Research and Development (BIRD) Foundation and $4,000,000 for
the U.S.-Israel Center of Excellence in Energy, Engineering
and Water Technology, which were previously funded in the
Energy Efficiency and Renewable Energy account.
Chief Information Officer.--To enhance the accountability
for management of cyber resources, the agreement consolidates
cybersecurity funding under the Office of the Chief
Information Officer. The agreement includes $126,274,000,
including $91,443,000 as requested within Departmental
Administration and $34,831,000 as requested for CyberOne
activities within the DOE working capital fund. Within this
amount, not less than $68,974,000 shall be for cybersecurity
and secure information.
Small Refinery Exemption.--Under section 211(o)(9)(B) of
the Clean Air Act, a small refinery may petition the
Environmental Protection Agency (EPA) Administrator for an
exemption from the Renewable Fuel Standard (RFS) on the basis
that the refinery experiences a disproportionate economic
hardship under the RFS. When evaluating a petition, the
Administrator consults with the Secretary of Energy to
determine whether disproportionate economic hardship exists.
According to the Department's March 2011 Small Refinery
Exemption Study, disproportionate economic hardship must
encompass two broad components: a high cost of compliance
relative to the industry average disproportionate impacts,
and an effect sufficient to cause a significant impairment of
the refinery operations' viability. If the Secretary finds
that either of these two components exists, the Secretary is
directed to recommend to the EPA Administrator at least a 50
percent waiver of RFS requirements for the petitioner. The
Secretary also is directed to score all of the metrics in the
study and to score the metrics according to the 2011 study
scoring criteria and not any later addendum to the study. The
Secretary is directed to seek small refinery comment before
making changes to its scoring metrics for small refinery
petitions for RFS waivers and to notify the Committees on
Appropriations of both Houses of Congress prior to making any
final changes to scoring metrics. Only the impact on the
small refinery's transportation fuel margins is pertinent to
measuring RFS impacts on relative refining margins. The
conference report accompanying the Energy and Water
Development and Related Agencies Appropriations Act, 2010,
addressed similar issues and directed the Secretary to redo
an earlier study done to evaluate whether the RFS program
imposes a disproportionate economic hardship on small
refineries. In calling for the Secretary to redo the study,
the conference report cited the lack of small refinery input
into the earlier study, concerns about regional RFS
compliance cost disparities, small refinery dependence on the
purchase of renewable fuel credits (RINs), and increasing RIN
costs. Since then, the dramatic rise in RIN prices has
amplified RFS compliance and competitive disparities,
especially where unique regional factors exist, including
high diesel demand production, no export access, and limited
biodiesel infrastructure and production. In response to
petitions in prior years, the Secretary determined that the
RFS program would impose a disproportionate economic and
structural impact on several small refineries. Despite this
determination, the Secretary did not recommend, and EPA did
not provide, any RFS relief because it determined the
refineries were profitable enough to afford the cost of RFS
compliance without substantially impacting their viability.
The Secretary is reminded that the RFS program may impose a
disproportionate economic hardship on a small refinery even
if the refinery makes enough profit to cover the cost of
complying with the program. Small refinery profitability does
not justify a disproportionate regulatory burden where
Congress has explicitly given EPA authority, in consultation
with the Secretary, to reduce or eliminate this burden.
In lieu of Senate direction, the Department is directed to
provide to the Committees on Appropriations of both Houses of
Congress a
[[Page H2486]]
quarterly report on the status of projects approved under 42
U.S.C. 16421, with the first such report to be provided not
later than 30 days after the enactment of this Act.
Office of the Inspector General
The agreement provides $49,000,000 for the Office of the
Inspector General.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $14,668,952,000 for the National
Nuclear Security Administration (NNSA).
Infrastructure Reporting.--To ensure the expeditious
execution of funds provided to address the NNSA's aging
infrastructure, the NNSA is directed to report to the
Committees on Appropriations of both Houses of Congress on
the status of commitments for funds provided for Maintenance
and Repair of Facilities, Recapitalization, major items of
equipment, general plant projects, and all construction
projects on a quarterly basis.
Weapons Activities
The agreement provides $10,642,138,000 for Weapons
Activities.
W80-4 Life Extension Program.--The Comptroller General is
directed to conduct a review of the alternatives analyzed for
the W80-4 life extension program, including whether the NNSA
considered a wide range of alternatives for components and
systems that would meet requirements; how requirements are
tracked, integrated, and managed; how technical and
programmatic risk is tracked and managed within the program;
whether accurate cost data regarding alternatives was
available and utilized to inform decision-making; and whether
analyses of alternatives, cost estimates, and project and
program management systems adhere to best practices.
Strategic Materials Sustainment.--The agreement includes
additional funding to support material de-inventory at the
Chemistry and Metallurgy Research facility and to optimize
material staging at the Nevada National Security Site.
Science.--Within Academic Alliances and Partnerships, the
agreement includes $19,832,000 for the Minority Serving
Institution Partnerships Program and $2,000,000 for Tribal
Colleges and Universities.
Inertial Confinement Fusion and High Yield.--Within funds
for Inertial Confinement Fusion and High Yield, $344,000,000
shall be for the National Ignition Facility, $75,000,000
shall be for OMEGA, and $8,000,000 shall be for the Naval
Research Laboratory.
Advanced Simulation and Computing.--The agreement provides
$721,244,000 for the Advanced Simulation and Computing
program. Within this amount, $161,000,000 is for the exascale
initiative and $12,000,000 is for advanced memory technology
research to address exascale technical challenges.
Advanced Manufacturing Development.--Within amounts
provided for Process Technology Development, the agreement
includes $5,000,000 above the budget request to modernize and
upgrade legacy applications at weapons production facilities.
Operations of Facilities.--In lieu of language in the House
report, the agreement includes funding to prepare and ship
transuranic (TRU) waste from Lawrence Livermore National
Laboratory (LLNL). Prior to the use of funds to package TRU
waste shipments at LLNL, the NNSA's Office of Cost Estimating
and Program Evaluation shall conduct a comparative analysis
of the costs and benefits of shipping TRU waste from LLNL to
Idaho for processing that includes consideration of the
benefits of compacting waste for disposal in the Waste
Isolation Pilot Plant and shall provide a briefing on its
results to the Committees on Appropriations of both Houses of
Congress.
Maintenance and Repair of Facilities.--The agreement
includes funds above the budget request to address the
significant backlog of deferred maintenance at the NNSA's
sites and to make progress on the direction provided in the
Fiscal Year 2012 Energy and Water Appropriations Act to
establish standardized policies for the direct funding of
facility and infrastructure maintenance costs at each of the
NNSA sites. Within amounts for Maintenance and Repair of
Facilities, the agreement includes $10,000,000 to address
deferred maintenance at the Lithium Production Facility.
Recapitalization.--Within Infrastructure and Safety, the
agreement includes funds above the budget request to address
the NNSA's high-risk excess facilities and deferred
maintenance. Of this amount, not less than $50,000,000 shall
be to de-inventory, decommission, and demolish the NNSA's
excess facilities and that amount shall include up to
$7,000,000 to support de-inventory and risk reduction at
Alpha-5 and Beta-4 and up to $9,000,000 to demolish
facilities and utilities along the proposed new leg of the
PIDAS at Y-12.
Albuquerque Complex Project.--The agreement includes
$98,000,000. In lieu of language in the House report, the
NNSA is directed to establish a cost cap of $174,700,000 for
the Albuquerque Complex Project, consistent with the total
estimated cost for the project as described in the fiscal
year 2018 budget request. None of the funds in this or any
other Appropriations Act for the Albuquerque Complex Project
shall be to demolish facilities being replaced by this
project or to exceed this definitive cost cap. The NNSA is
directed to disaggregate the scope for demolition from the
project and to establish a plan to carry out future
demolition activities within the Recapitalization program.
Chemistry and Metallurgy Research (CMR) Building
Replacement Project.--As directed in the House report and
previous years, funding for the CMR Replacement Project shall
be limited to that of the original mission need for the
project, that is, to relocate existing analytic chemistry and
materials characterization capabilities from the legacy CMR
facility. The NNSA is directed to request funding to meet
additional plutonium infrastructure mission needs under a new
and separate project.
Physical Security Improvement Program.--The agreement
includes additional funding above the budget request to
recapitalize physical security infrastructure and equipment
identified in the NNSA's 10 year Security Systems Refresh
Plan.
Defense Nuclear Nonproliferation
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $2,048,219,000 for Defense Nuclear
Nonproliferation. The agreement rescinds $49,000,000 in
prior-year balances as proposed in the budget request.
Global Material Security.--Within Global Material Security,
not less than $20,000,000 shall be for the Cesium Irradiator
Replacement Program.
Material Disposition.--Within Material Disposition, the
agreement includes funding to advance planning for the dilute
and dispose alternative to the Mixed Oxide Fuel Fabrication
Facility. Also within amounts for Material Disposition,
$1,000,000 shall be for the Uranium Lease and Takeback
Program and not less than $10,000,000 shall be to support
activities to expedite the removal of plutonium from the
State of South Carolina. Not later than July 1, 2018, the
NNSA shall provide to the Committees on Appropriations of
both Houses of Congress a plan for removing plutonium from
South Carolina.
In lieu of the reporting requirement in the House report on
facilities at the Savannah River Site (SRS), the NNSA shall
provide to the Committees on Appropriations of both Houses of
Congress not later than 60 days after the enactment of this
Act a report that details the total DOE operating and
maintenance costs of facilities at SRS that the NNSA relies
on to carry out its nonproliferation missions and describes
the current cost sharing arrangements and other agreements
between the NNSA and the Office of Environmental Management.
Laboratory and Partnership Support.--The agreement provides
$92,000,000 for activities that support nuclear material
minimization in civilian applications. Within this amount,
$15,000,000 is provided for technical support of global and
industry partners that are seeking to minimize the use of
highly-enriched uranium in the production of Mo-99,
$19,600,000 is provided to fully fund the remaining costs of
the existing cooperative agreements for commercial Mo-99
production, and $40,000,000 is provided for a new funding
opportunity to be competitively awarded and open to both new
and existing cooperative agreement partners in order to
expedite the establishment of a stable domestic source of Mo-
99. The NNSA shall ensure that its programmatic strategies
are focused on expediting the delivery of a secure domestic
supply of this critical medical isotope, to include making
financial contributions on a timely basis. The agreement
includes no further direction on the Mo-99 program.
Defense Nuclear Nonproliferation Research and Development
(DNN R&D).--Within DNN R&D, the agreement includes $2,000,000
for continued research and development of novel enrichment
technologies to support nonproliferation goals.
Nonproliferation Fuels Development.--The agreement includes
$82,500,000 to research and develop new nuclear fuels that
further U.S. nonproliferation goals. Within this amount,
$5,000,000 shall be for the national laboratories to develop
high-density low-enriched fuels that could replace highly
enriched uranium for naval applications.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,620,000,000 for Naval Reactors.
The agreement includes a provision to transfer $85,500,000 to
Nuclear Energy for operations and maintenance of the Advanced
Test Reactor. The agreement provides no further direction for
funding within Naval Reactors Operations and Infrastructure.
Federal Salaries and Expenses
The agreement provides $407,595,000 for the federal
salaries and expenses of the Office of the NNSA
Administrator.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $5,988,048,000 for Defense
Environmental Cleanup. Within available funds, the Department
is directed to fund the hazardous waste worker training
program at $10,000,000. The Department is directed to provide
out-year funding projections in the annual budget request for
Environmental Management and an estimate of the total cost
and time to complete each site.
Budget Structure Changes.--The agreement rejects the budget
structure changes proposed in the budget request, resolves
House and Senate budget structure differences, and provides
separate funding lines to initiate new decommissioning and
demolition (D&D) activities at Oak Ridge, Lawrence Livermore
National Laboratory, and
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Idaho National Laboratory. The Department shall use the same
cost accounting procedures as in fiscal year 2017 for the
Working Capital Fund, Safeguards and Security, Cyber
Security, and the indirect cost pools at the Savannah River
Site.
Excess Facilities.--Within LLNL Excess Facilities D&D, the
agreement includes $100,000,000 for the D&D of the B280 Pool
Type Reactor and other excess facilities at Lawrence
Livermore National Laboratory. Within OR Excess Facilities
D&D, the agreement includes $125,000,000 for the D&D of the
Biology Complex facilities at Y 12. Within ID Excess
Facilities D&D, the agreement includes $10,000,000 for the
D&D of excess facilities and infrastructure at Idaho National
Laboratory.
Richland.--Within Richland, the agreement includes funding
for interim stabilization of PUREX Tunnel number two and for
the demolition of the Plutonium Finishing Plant under new
corrective actions that protect workers and the environment,
in addition to the additional amounts above the budget
request and direction in the Senate report. Also within funds
for Richland, the agreement includes $5,000,000 to develop a
certificate of compliance for radioactive materials packaging
to advance plans to dispose of buried transuranic waste
currently at the 200 Area Burial Grounds. Within Central
Plateau Remediation, the agreement includes funding for
maintenance and public safety efforts at the B Reactor and
the Manhattan Project National Historical Park.
Office of River Protection.--The agreement includes funding
above the budget request to resume design and engineering
work on the High-Level Waste Treatment facility, to resolve
the five remaining technical issues on the Pretreatment
facility, to ensure compliance with 2016 Consent Decree and
Tri-Party Agreement milestones, and to continue tank waste
retrievals. Not less than 90 days prior to the implementation
of any changes to the current program of record for tank
waste retrieval and closure and for the Waste Treatment
Plant, the Department shall submit to the Committees on
Appropriations of both Houses of Congress a report that
includes the technical justification and business case, any
impact of such changes on the 2016 Consent Decree and Tri-
Party Agreement, any necessary regulatory or permit changes
by Washington or any other state, any necessary National
Environmental Policy Act analysis, and any impact of such
changes on site infrastructure.
Idaho National Laboratory.--The agreement includes
$5,000,000 for advanced retrieval and disposition techniques
for remote handled mixed low level waste and additional
amounts above the budget request to continue operations at
the Advanced Mixed Waste Treatment Facility.
Oak Ridge.--The agreement includes $10,000,000 for an on-
site landfill and $17,100,000 for a mercury treatment
facility. The Department must complete these vital facilities
on time or risk impacting the important cleanup work in Oak
Ridge. Within OR facility D&D, $2,000,000 shall be used for
the study of technical issues regarding groundwater standards
that may help resolve regulatory issues associated with these
projects.
Savannah River Site.--Within Site Risk Management, the
agreement includes $3,000,000 to support the disposition of
spent fuel from the High Flux Isotope Reactor and no
additional direction. The Department shall provide to the
Committees on Appropriations of both Houses of Congress a
report on retiree pensions as directed in the Senate report
and not later than 90 days after the enactment of this Act.
Waste Isolation Pilot Plant (WIPP).--Within amounts for
WIPP, the agreement includes an additional $10,000,000 above
the budget request to address infrastructure needs.
Safeguards and Security.--Within Safeguards and Security,
funding is included for cybersecurity.
Technology Development and Deployment.--Within Technology
Development and Deployment, $5,000,000 is for the National
Spent Fuel Program at Idaho National Laboratory and
$5,000,000 is for independent review, analysis, and applied
research to support cost-effective, risk-informed cleanup
decision-making. Also within amounts provided, $5,000,000 is
to work on qualification, testing, and research to advance
the state of the art of containment ventilation systems
through cooperative university affiliated research activities
and the Department shall take the necessary steps to
implement and competitively award a cooperative university
affiliated research center for that purpose.
Other Defense Activities
The agreement provides $840,000,000 for Other Defense
Activities.
Within funds for Environment, Health, Safety and Security,
not less than $1,000,000 is for the Epidemiologic Study of
One Million U.S. Radiation Workers and Veterans. The
Department shall ensure that funding to process security
clearances for program office personnel that are located at
DOE headquarters is budgeted for within funds for the
responsible program office starting in fiscal year 2019. The
agreement includes $25,000,000 above the budget request for
targeted investments to defend the U.S. energy sector against
the evolving threat of cyber and other attacks in support of
the resiliency of the nation's electric grid and energy
infrastructure.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville
Power Administration, which derives its funding from revenues
deposited into the Bonneville Power Administration Fund.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $11,400,000
for the Southwestern Power Administration. The agreement
includes the use of $14,200,000 in prior-year balances. To
ensure sufficient authority to meet purchase power and
wheeling needs, the agreement includes $30,000,000 above the
level credited as offsetting collections by the Congressional
Budget Office. The Department is directed to continue working
with the Committees on Appropriations of both Houses of
Congress to provide necessary information to address this
scoring issue for future fiscal years.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $93,372,000
for the Western Area Power Administration. The agreement
includes the use of $43,853,000 in prior-year balances. To
ensure sufficient authority to meet purchase power and
wheeling needs, the agreement includes $30,000,000 above the
level credited as offsetting collections by the Congressional
Budget Office. The Department is directed to continue working
with the Committees on Appropriations of both Houses of
Congress to provide necessary information to address this
scoring issue for future fiscal years.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $228,000 for
the Falcon and Amistad Operating and Maintenance Fund. The
agreement includes legislative language authorizing the
acceptance and use of contributed funds in fiscal year 2018
for operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at the
Falcon and Amistad Dams.
Concerns persist that additional infrastructure investments
are necessary at the Falcon and Amistad dams. Western is
directed to coordinate with the International Boundary and
Water Commission to determine a plan for addressing any
needed improvements and brief the Committees on
Appropriations of both Houses of Congress not later than 90
days after the enactment of this Act on progress towards
finalizing a plan.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $367,600,000 for the Federal Energy
Regulatory Commission (FERC). Revenues for FERC are set to an
amount equal to the budget authority, resulting in a net
appropriation of $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes a provision prohibiting the use of
funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by the Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for
certain multi-year ``Energy Programs'' activities without
notification; and prohibits the obligation or expenditure of
funds provided in this title through a reprogramming of funds
except in certain circumstances.
The agreement includes a provision authorizing intelligence
activities of the Department of Energy for purposes of
section 504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds in this title to approve critical decision 2 or
critical decision 3 for certain construction projects, unless
a separate independent cost estimate has been developed for
that critical decision.
The agreement includes a provision prohibiting funds in the
Defense Nuclear Nonproliferation account for certain
activities and assistance in the Russian Federation.
The agreement includes a provision regarding management of
the Strategic Petroleum Reserve.
The agreement includes a provision on the Department of
Energy's Working Capital Fund.
The agreement includes a provision concerning a report by
the Secretary of Energy.
The agreement includes a provision restricting the use of
funds for the Mixed Oxide Fuel Fabrication Facility Project,
establishes a notice and wait requirement prior to the use of
funds to terminate the project if requirements in Section
3121(b) of the Fiscal Year 2018 National Defense
Authorization Act are satisfied, and no further direction on
the project.
The agreement includes a provision on the transfer of
unappropriated receipts currently in the Uranium Supply and
Enrichment Activities account.
The agreement includes a provision regarding authority to
release refined petroleum
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TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $155,000,000 for the Appalachian
Regional Commission (ARC). To diversify and enhance regional
business development, $10,000,000 is provided to continue the
program of high-speed broadband deployment in distressed
counties within the Central Appalachian region that have been
most negatively impacted by the downturn in the coal
industry. This funding shall be in addition to the 30 percent
directed to distressed counties.
Within available funds, $73,000,000 is provided for base
funds and $50,000,000 is for the POWER Initiative to support
communities, primarily in Appalachia, that have been
adversely impacted by the closure of coal-powered generating
plants and a declining coal industry by providing resources
for economic diversification, job creation, job training, and
other employment services.
Within available funds, not less than $16,000,000 is
provided for a program of industrial site and workforce
development in Southern and South Central Appalachia, focused
primarily on the automotive supplier sector and the aviation
sector. Up to $13,500,000 of that amount is provided for
activities in Southern Appalachia. The funds shall be
distributed according to ARC's Distressed Counties Formula,
which is comprised of land area, population estimates, and a
proportion of the number of distressed counties.
In addition, the agreement provides $6,000,000 for a
program of basic infrastructure improvements in distressed
counties in Central Appalachia. Funds shall be distributed
according to ARC's Distressed Counties Formula and shall be
in addition to the regular allocation to distressed counties.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $31,000,000 for the Defense Nuclear
Facilities Safety Board. The agreement includes funding above
the request to support activities for employee engagement.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $25,000,000 for the Delta Regional
Authority (DRA). Within available funds, the agreement
provides not less than $10,000,000 for flood control, basic
public infrastructure development, and transportation
improvements, which shall be allocated separate from the
State formula funding method. The agreement does not include
a statutory waiver with regard to DRA's priority of funding.
The DRA is further directed to focus on activities relating
to basic public infrastructure and transportation
infrastructure before allocating funding toward other
priority areas.
Denali Commission
The agreement provides $30,000,000 for the Denali
Commission, of which $15,000,000 is for one-time assistance
for adaptation responses for the most urgent needs of rural
Alaska villages facing erosion, flooding, and permafrost
degradation threats.
Northern Border Regional Commission
The agreement provides $15,000,000 for the Northern Border
Regional Commission. Within available funds, not less than
$3,000,000 is provided for initiatives that seek to address
the decline in forest-based economies throughout the region.
The agreement includes legislative language regarding the
management of the Northern Border Regional Commission in
fiscal year 2018.
Southeast Crescent Regional Commission
The agreement provides $250,000 for the Southeast Crescent
Regional Commission.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING RESCISSION OF FUNDS)
The Commission's mission is to ensure the safety and
security of the nation's use of nuclear power and nuclear
materials and protect the workers and public who use and
benefit from these materials and facilities. The agreement
provides $909,137,000 for Nuclear Regulatory Commission
(Commission) salaries and expenses. This amount is offset by
estimated revenues of $779,768,032, resulting in a net
appropriation of $129,300,892. The agreement rescinds
$68,076.04 provided to the Commission from the United States
Agency for International Development in 1994 pursuant to
section 632(a) of the Foreign Assistance Act of 1961, for
which there is no currently authorized use. The agreement
includes $10,000,000 for activities related to the
development of regulatory infrastructure for advanced nuclear
reactor technologies and $16,200,000 for international
activities, which are not subject to the Commission's general
fee recovery collection requirements. The agreement directs
the use of $15,000,000 in prior-year unobligated balances.
The agreement includes the following direction in lieu of
all direction included in the House and Senate reports:
Nuclear Reactor Safety.--The agreement includes
$466,655,000 for Nuclear Reactor Safety. This control point
includes the Commission's Operating Reactors and New Reactors
business lines.
Integrated University Program.--The agreement includes
$15,000,000 for the Integrated University Program. Of this
amount, $5,000,000 is to be used for grants to support
projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
Nuclear Materials and Waste Safety.--The agreement includes
$113,145,000 for Nuclear Materials and Waste Safety. Included
within this control point are the Fuel Facilities, Nuclear
Material Users, and Spent Fuel Storage and Transportation
business lines.
Decommissioning and Low-Level Waste.--The agreement
includes $27,980,000 for Decommissioning and Low-Level Waste.
Corporate Support.--The agreement includes $301,357,000 for
Corporate Support. The agreement provides, within available
funds, not more than $9,500,000 for the salaries, travel, and
other support costs for the Office of the Commission. These
salaries and expenses shall include only salaries and benefit
and travel costs, and are not to include general,
administrative, or infrastructure costs. The use and
expenditure of these funds shall be jointly managed through
majority vote of the Commission. The Commission shall
continue to include a breakout and explanation of the
Commission salaries and expenses in its annual budget
requests. If the Commission wishes to change the composition
of the funds in future years, it must do so in an annual
budget request or through a reprogramming.
Budget Execution Plan.--The Commission shall provide a
specific budget execution plan to the Committees on
Appropriations of both Houses of Congress not later than 30
days after the enactment of this Act. The plan shall include
details at the product line level within each of the control
points.
Unobligated Balances from Prior Appropriations.--The
Commission carries unobligated balances from appropriations
received prior to fiscal year 2017. The agreement requires
the use of $15,000,000 of these balances, derived from fee-
based activities. The Commission is directed to apply these
savings in a manner that continues to ensure the protection
of public health and safety and maintains the effectiveness
of the current inspection program. Because the Commission has
already collected fees corresponding to these activities in
prior years, the agreement does not include these funds
within the fee base calculation for determining authorized
revenues and does not provide authority to collect additional
offsetting receipts for their use. Any remaining unobligated
balances carried forward from prior years are subject to the
reprogramming guidelines in section 402 of the Act, and shall
only be used to supplement appropriations consistent with
those guidelines.
Rulemaking.--The Commission shall submit a list of all
rulemaking activities planned, to include their priority,
schedule, and actions taken to adhere to the backfit rule, in
the annual budget request and the semi-annual report to
Congress on licensing and regulatory activities.
Reporting Requirements.--The agreement directs the
Commission to submit the following reports:
1. not later than 120 days after the enactment of this Act,
a report on the actions taken to improve the fidelity of
agency estimates of necessary FTE levels and to optimize the
structure of the agency over the next five years, including a
review of the size, function, and number of program offices
and regional offices; and
2. quarterly reports on licensing goals and right-sizing
commitments, as described in the explanatory statement for
P.L. 114-113.
Modeling and Simulation Tools.--The Commission is directed
to report to the Committees on Appropriations of both Houses
of Congress not later than 180 days after the enactment of
this Act the Commission's potential uses of the Consortium
for Advanced Simulation of Light Water Reactors' tools in its
licensing process and safety reviews.
(dollars in thousands)
------------------------------------------------------------------------
Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety............................... 466,655
Integrated University Program........................ 15,000
Nuclear Materials And Waste Safety................... 113,145
Decommissioning And Low-Level Waste.................. 27,980
Corporate Support.................................... 301,357
Use Of Prior-Year Balances........................... -15,000
------------------
Total, Nuclear Regulatory Commission............. 909,137
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement includes $12,859,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $10,555,000, for a net
appropriation of $2,304,000.
The agreement includes $1,131,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,600,000 for the Nuclear Waste
Technical Review Board.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
The agreement includes a provision relating to
reprogramming.
TITLE V--GENERAL PROVISIONS
The agreement includes a provision relating to lobbying
restrictions.
The agreement includes a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by
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this provision. For the purposes of this provision, the term
``transfer'' shall mean the shifting of all or part of the
budget authority in one account to another. In addition to
transfers provided in this Act or other appropriations Acts,
and existing authorities, such as the Economy Act (31 U.S.C.
1535), by which one part of the United States Government may
provide goods or services to another part, the Act allows
transfers using Section 4705 of the Atomic Energy Defense Act
(50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR.
The agreement includes a provision prohibiting funds to be
used in contravention of the executive order entitled
``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations.''
The agreement includes a provision prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
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DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2018
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 115-
234 carries the same weight as language included in this
joint explanatory statement and should be complied with
unless specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
Reports.--Where the House or Senate has directed submission
of a report, that report is to be submitted to the Committees
on Appropriations of the House and Senate. Agencies funded by
this Act that currently provide separate copies of periodic
reports and correspondence to the chairs and ranking members
of the House and Senate Appropriations Committees and
Subcommittees on Financial Services and General Government
are directed to use a single cover letter jointly addressed
to the chairs and ranking members of the Committees and
Subcommittees of both the House and the Senate. To the
greatest extent feasible, agencies should include in the
cover letter a reference or hyperlink to facilitate
electronic access to the report and provide the documents by
electronic mail delivery. These measures will help reduce
costs, conserve paper, expedite agency processing, and ensure
that consistent information is conveyed concurrently to the
majority and minority committee offices of both chambers of
Congress.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $201,751,000 for departmental offices
salaries and expenses.
Wildlife Trafficking.--The Department is directed to use
available resources to pursue and enforce money laundering
and other related laws as related to wildlife trafficking and
the illegal ivory trade, and to report to the Committees on
Appropriations of the House and the Senate semiannually
during fiscal year 2018 on such enforcement actions and other
steps taken to carry out the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 during this fiscal
year.
Management of Capital Investments.--The Department is
directed to include in its annual Capital Investment Plan,
the estimated funding needs for the lifetime capital needs
for each project, not just for the budget year. The plan
should also include summaries of capital investments by
project type.
Puerto Rico.--The Department is directed to submit a report
within 30 days of the end of the fiscal year to the
Committees on Appropriations of the House and the Senate
providing detailed descriptions of any technical assistance
that has been provided, including: what activities have been
undertaken by Treasury employees in the provision of
technical assistance; timeframes within which the activities
have occurred; number of full-time-equivalent hours devoted
to provision of the activities; and documentation that the
activities have occurred.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $141,778,000 for the Office of Terrorism
and Financial Intelligence, of which up to $32,000,000 is for
administrative expenses and $5,000,000 is available until
September 30, 2019. The agreement supports Administration
requests for additional funds for this account that were made
subsequent to the budget submission.
Economic Sanctions and Divestments.--The Department of the
Treasury will fully implement sanctions and divestment
measures applicable to the proliferation of weapons of mass
destruction, terrorism, transnational organized crime, the
Islamic State of Iraq and the Levant, Russia, Belarus, North
Korea, Iran, Sudan, Syria, Venezuela, Zimbabwe, and
designated rebel groups operating in and around the
Democratic Republic of Congo. The Department will promptly
notify the Committees on Appropriations of the House and the
Senate of any resource constraints that adversely impact the
implementation of these sanctions programs.
South Sudan.--The Department is directed to report to the
Committees on Appropriations of the House and the Senate
within 90 days of enactment of this Act on progress on
efforts to stem illicit finance in South Sudan.
CYBERSECURITY ENHANCEMENT ACCOUNT
The bill provides $24,000,000 for the Cybersecurity
Enhancement Account (CEA).
The Treasury Chief Information Officer (CIO) is directed to
review and approve each investment under the CEA and report
to the Committees on Appropriations of the House and the
Senate each quarter on the progress of each investment. To
ensure the Treasury CIO retains control over the execution of
these funds, the agreement does not permit transfers of funds
from the CEA.
Spend Plans.--The CIO of each Treasury office and bureau
must submit a spend plan for each prospective investment
under this heading to the Treasury Department CIO for review.
The Treasury CIO is directed to review each investment
submitted under the CEA heading to improve oversight of these
funds across the Department; none of the funds under this
heading will be available to fund such an investment without
the approval of the Treasury CIO. The spend plans should
include how the investment will: enhance Department-wide
coordination of cybersecurity efforts and improve the
Department's responsiveness to cybersecurity threats; provide
bureau and agency leadership with greater visibility into
cybersecurity efforts and further encourage information
sharing across bureaus; improve identification of cyber
threats and better protect information systems from attack;
provide a platform to enhance efficient communication,
collaboration, and transparency around the common goal of
improving not only the cybersecurity of the Treasury
Department, but also the Nation's financial sector. The spend
plans should detail the type of cybersecurity enhancement the
investment represents, and the cost, scope, schedule of the
investment, and explain how it complements existing cyber
efforts.
DEPARTMENT-WIDE SYSTEMS AND CAPITOL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $4,426,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $37,044,000 for the Office of Inspector
General. The Inspector General is directed to utilize funds
provided to meet mandated audit requirements such as
information security in addition to other prioritized work
including Treasury's responsibilities as they relate to the
implementation of anti-money laundering programs and the
Community Development Financial Institutions Fund.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $169,634,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $34,000,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill includes $115,003,000 for salaries and expenses
for the Financial Crimes Enforcement Network.
Treasury Forfeiture Fund
(RESCISSION)
The bill includes a permanent rescission of $702,000,000 of
the unobligated balances in the Treasury Forfeiture Fund and
returns $38,800,000 from the BNP Paribas S.A. agreement to
the general fund of the Treasury.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $338,280,000 for salaries and expenses of
the Bureau of the Fiscal Service, and provides $165,000 to be
derived from the Oil Spill Liability Trust Fund to reimburse
Fiscal Service personnel for financial management of the
Fund. Within the amount provided in the bill, $4,210,000 is
available until September 30, 2020, for information systems
modernization.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $111,439,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau. Within this
amount, $5,000,000 is provided for costs associated with
accelerating the processing of label and formula
applications, and $5,000,000 is available until September 30,
2019 for the costs of enforcement of trade practice
violations.
Wine Label Accuracy.-- The Bureau is directed to proceed
with a rulemaking intended to improve label accuracy and to
ensure that usage of certain viticultural terms (such as
appellations of origin and vintage dates) is consistent with
existing laws and regulations governing the use of these
protected terms. Within 30 days of enactment of this Act, the
Bureau shall brief the Committees on Appropriations of the
House and the Senate on how and when it plans to finalize its
proposed rule to ensure that a single standard for certain
viticultural terms is used on all grape wines regulated under
the Federal Alcohol Administration Act and the Internal
Revenue Code.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $30,000,000 in new
liabilities and obligations may be incurred during fiscal
year 2018 for circulating coinage and protective service
capital investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $250,000,000 for the Community
Development Financial Institutions (CDFI) Fund program.
Within this amount, not less than $160,000,000 is for
financial and technical assistance grants, of which up to
$3,000,000 may be used to provide technical and financial
assistance to CDFIs that fund projects to help individuals
with disabilities; not less than $16,000,000 is for technical
assistance and other purposes for Native American, Native
Hawaiian, and Alaska Native
[[Page H2517]]
communities; not less than $25,000,000 is for the Bank
Enterprise Award program; not less than $22,000,000 is for
the Healthy Food Financing Initiative; and up to $27,000,000
is for administrative expenses, of which $1,000,000 is for
the development of information technology tools to better
measure and assess CDFI investment performance, improve data
quality, and enable more efficient allocation of CDFI Fund
resources. The bill limits the total loan principal for the
Bond Guarantee program to $500,000,000.
Persistent Poverty.--For purposes of this section, the term
``persistent poverty counties''' means any county that has
had 20 percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and 2000
decennial censuses and the 2011-2015 5-year data series
available from the American Community Survey of the Census
Bureau.
Non-Metropolitan and Rural Areas.--The CDFI Fund is
directed to take into consideration the unique conditions,
challenges, and scale of non-metropolitan and rural areas
when designing and administering programs to address economic
revitalization and community development when making CDFI
award decisions. The Secretary is directed to report to the
House and the Senate Committees on Appropriations within 90
days of enactment of this Act detailing how the fiscal year
2017 CDFI Program recipients intend to serve non-metropolitan
and rural areas and populations living in persistent poverty
counties.
Capacity Building.--The Secretary is directed to report to
the House and Senate Committees on Appropriations within 90
days of enactment of this Act on the expenditure of all
capacity building initiatives under the financial assistance
and technical assistance programs.
Awards Management Information System.--The bill provides
$1,000,000 for the development of tools, including the Awards
Management Information System, to better measure and assess
CDFI investment performance, improve data quality, and enable
more efficient allocation of CDFI Fund resources. The CDFI
Fund is directed to prioritize development of such tools in
fiscal year 2018. In addition, the Secretary is directed to
report to the House and Senate Committees on Appropriations
within 90 days of enactment detailing the status of the
deployment of tools to address the Committee's longstanding
concerns about the CDFI Fund's ability to verify investment
impacts, hold award recipients accountable for award usage,
and ensure that CDFIs are delivering investments to the
borrowers and communities that need it most.
Internal Revenue Service
User Fees.--Internal Revenue Service (IRS) is directed to
submit a user fee spending plan within 60 days of enactment
detailing planned spending on its four appropriations
accounts and how programs, investments, and initiatives
funded through each appropriations account are supported by
user fees.
TAXPAYER SERVICES
The bill provides $2,506,554,000 for IRS Taxpayer Services.
Within the overall amount, not less than $9,890,000 is for
the Tax Counseling for the Elderly Program, not less than
$12,000,000 is for low-income taxpayer clinic grants, and not
less than $206,000,000 is provided for operating expenses of
the IRS Taxpayer Advocate Service, of which not less than
$5,500,000 is for identity theft casework.
In addition, within the overall amount provided, not less
than $15,000,000, available until September 30, 2019, is
included for the Community Volunteer Income Tax Assistance
matching grants program.
Identity Theft.--The IRS is directed to submit a report on
identity theft to the Committees on Appropriations reviewed
by the National Taxpayer Advocate six months after enactment
of this Act.
Telephone Services.--The IRS is directed to continue to
improve telephone and face-to-face services. The IRS is
directed to submit a report on progress made in these areas
to the Committees on Appropriations of the Senate and House
of Representatives within 120 days of enactment of this Act.
Taxpayer Assistance Centers.--The IRS is directed to report
to the Committees within 120 days of enactment of this Act on
the steps being taken to prevent any closures of Taxpayer
Assistance Center (TAC) locations, and the status of any
proposed alternatives to fully staffed TACs (such as virtual
customer service sites). The IRS is directed to conduct a
study on the impact of closing a TAC and the adverse effects
it has on taxpayers' ability to interact with the IRS. Should
the IRS choose to close a TAC location, the IRS is directed
to hold a public forum in the impacted community at least six
months prior to the planned closure and notify the Committees
on Appropriations of the Senate and House of Representatives.
Taxpayer Services in Alaska and Hawaii.--The IRS shall
continue to staff each Taxpayer Advocate Service Center in
Alaska and Hawaii with a Collection Technical Advisor and an
Examination Technical Advisor in addition to the current
complement of office staff.
ENFORCEMENT
The bill provides $4,860,000,000 for Enforcement.
Identity Theft Victim Assistance.--The IRS is directed to
provide victims of tax-related identity theft with the name,
email, and telephone number of a single employee to assist
them in resolving cases where either the victim's case
involves more than one tax issue or the victim's case
involves more than one tax year. If the victim calls to speak
with the designated employee and he or she is unavailable,
the victim should be provided the option of leaving a message
for the designated employee or speaking with another
available employee.
Misclassification of Contractors.--The IRS is directed to
notify the House Appropriations Committee, the Senate
Appropriations Committee, the House Ways and Means Committee,
and the Senate Finance Committee prior to making any staffing
reductions or reallocations within the SS-8 processing
program.
OPERATIONS SUPPORT
The bill provides $3,634,000,000 for Operations Support.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $110,000,000 for Business Systems
Modernization.
IT Investments.--The IRS is directed to submit quarterly
reports to the Committees and Government Accountability
Office (GAO) during fiscal year 2018, no later than 30 days
following the end of each calendar quarter. The reports shall
include detailed, plain English explanations of the
cumulative expenditures and schedule performance to date,
specified by fiscal year; the costs and schedules for the
previous three months; the anticipated costs and schedules
for the upcoming three months; and the total expected costs
to complete major IT investments. The quarterly report should
clearly explain when the project was started; the expected
date of completion; the percentage of work completed as
compared to planned work; the current and expected state of
functionality; any changes in schedule; and current risks
unrelated to funding amounts and mitigation strategies.
Additionally, the Department of the Treasury is directed to
conduct a semi-annual review of major IT investments to
ensure the cost, schedule, and scope goals of the projects
are transparent. GAO is directed to review and provide an
annual report to the Committees evaluating the cost and
schedule of major IT investments for the year, as well as an
assessment of the functionality achieved.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFERS OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 prohibits funds for videos unless reviewed in
advance by the IRS' Video Editorial Board for cost, topic,
tone, and purpose.
Section 106 requires the IRS to issue notices to employers
of any address change request and to give special
consideration to offers in compromise for taxpayers who have
been victims of payroll tax preparer fraud.
Section 107 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 108 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 109 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS
policies issued as a result of Treasury Inspector General for
Tax Administration recommendations.
Section 110 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 111 prohibits the IRS from using funds made
available by this Act to contravene a provision of the
Internal Revenue Code of 1986 related to the confidentiality
and disclosure of returns and return information.
Section 112 prohibits funds for pre-populated returns.
Section 113 provides $320,000,000 to be used solely for
carrying out Public Law 115-97. The IRS is directed to
provide the Committees on Appropriations of the House and
Senate no later than 30 days after the enactment of this Act,
a detailed spending plan by account and object class for the
funds provided. Additionally, the IRS is directed to submit
quarterly spending plans broken out by account, and include,
at minimum, quarterly obligations and total obligations to
date; actual and projected staffing levels; and updated
timetables.
ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFERS OF FUNDS)
The bill includes the following provisions:
Section 114 allows Treasury to use funds for certain
specified expenses.
Section 115 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 116 allows for the transfer of up to 2 percent from
the IRS accounts to the Treasury Inspector General for Tax
Administration.
Section 117 prohibits funding to redesign the $1 note.
[[Page H2518]]
Section 118 allows for the transfer of funds from the
Bureau of Fiscal Service-Salaries and Expenses to the Debt
Collection Fund conditional on future reimbursement.
Section 119 prohibits funds to build a United States Mint
museum without the approval of the Committees on
Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 120 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of
Engraving and Printing without the approval of the Committees
on Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 121 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2018 Intelligence Authorization
Act.
Section 122 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 123 requires the Secretary to submit a Capital
Investment Plan.
Section 124 requires a Franchise Fund report.
Section 125 prohibits the Department from finalizing any
regulation related to the standards used to determine the
tax-exempt status of a 501(c)(4) organization.
Section 126 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 127 requires the Special Inspector General for the
Troubled Asset Relief Program to prioritize performance
audits or investigations of programs funded under the
Emergency Economic Stabilization Act of 2008.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
The bill provides $55,000,000 for the salaries and expenses
of the White House.
Executive Residence at the White House
operating expenses
The bill provides $12,917,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $750,000 for repair, alteration and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
salaries and expenses
The bill provides $4,187,000 for salaries and expenses of
the Council of Economic Advisers.
National Security Council and Homeland Security Council
salaries and expenses
The bill provides $11,800,000 for salaries and expenses of
the National Security Council and Homeland Security Council.
Office of Administration
salaries and expenses
The bill provides $100,000,000 for salaries and expenses of
the Office of Administration, of which not more than
$12,800,000 is for information technology modernization.
Office of Management and Budget
salaries and expenses
The bill provides $101,000,000 for the salaries and
expenses of the Office of Management and Budget.
The Office of Management and Budget (OMB) is directed to
expand the opportunities for public comment for the next
round of delineations for metropolitan and core-based
statistical areas using the 2020 Census results. OMB should
create a formal process to receive and adjudicate assertions
that the delineation or revision of the delineation of a
core-based statistical area was not conducted in accordance
with the established agency standards, including ``2010
Standards for Delineating Metropolitan and Micropolitan
Statistical Areas'', issued on June 28, 2010 (75 Federal
Register 37246), or any successor to these standards.
Office of National Drug Control Policy
salaries and expenses
The bill provides $18,400,000 for salaries and expenses of
the Office of National Drug Control Policy.
Opioid Crisis.--The Office of National Drug Control Policy
(ONDCP) is a key participant in efforts to combat the opioid
epidemic. As ONDCP carries out its mission, it is critically
important to ensure that rural and underserved areas that are
hardest-hit in the opioid crisis and which have the highest
concentrations of opioid-related cases are sufficiently
supported in its programs, policies, and activities.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
The bill provides $280,000,000 for the High Intensity Drug
Trafficking Areas (HIDTA) Program.
With this increased funding, ONDCP should solicit funding
applications from HIDTAs in states with high levels of drug
addiction, including those with the highest opioid overdoses
and death rates, and those participating in the Heroin
Response Strategy.
Opioid Addiction.--As prescription drug monitoring programs
successfully control the supply of prescription drugs
available, those struggling with substance abuse disorder who
are no longer able to obtain or afford prescription opioids
often turn to heroin and other opioids. The prevalence of
opioid addiction and the resultant increase in trafficking
of, and addiction to, heroin and other opioids is a threat to
communities across the nation. The HIDTA Program through
ONDCP, is encouraged, to the extent practicable, to
prioritize discretionary funds to aid states where heroin and
opioid addiction is a threat. HIDTAs enable necessary
coordination of law enforcement efforts and support for state
and local law enforcement and must continue to play a
significant role in the eradication of heroin and
prescription drug diversion.
other federal drug control programs
(including transfers of funds)
The bill provides $117,093,000 for other federal drug
control programs. The agreement allocates funds among
specific programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program........................ $99,000,000
(Training)....................................... (2,000,000)
Drug court training and technical assistance......... 2,000,000
Anti-Doping activities............................... 9,500,000
World Anti-Doping Agency (U.S. membership dues)...... 2,343,000
Discretionary Grants as authorized by P.L. 109-469, 1,250,000
section 1105........................................
Activities authorized by Section 103 of P.L. 114-198, 3,000,000
section 103.........................................
------------------------------------------------------------------------
Unanticipated Needs
The bill provides $798,000 for unanticipated needs of the
President. Within 180 days of enactment of this Act, the
Office of Administration is directed to report to the House
and Senate Committees on Appropriations on the use of funds
appropriated under this heading.
Information Technology Oversight and Reform
(including transfer of funds)
The bill provides $19,000,000 for information technology
oversight and reform activities.
IT Dashboard.--OMB is directed to ensure that the IT
dashboard includes current and accurate information. OMB is
further directed to report quarterly to the Committees on
Appropriations on the cost savings and reductions in
duplicative IT investments as a result of PortfolioStat.
Special Assistance to the President
salaries and expenses
The bill provides $4,288,000 for salaries and expenses to
enable the Vice President to provide special assistance to
the President.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
The bill provides $302,000 for operating expenses for the
official residence of the Vice President.
administrative provisions--executive office of the president and funds
appropriated to the president
(including transfer of funds)
The bill includes the following Administrative Provisions
under this title:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Office of Management and Budget
(OMB) to report on the costs of implementing the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Public Law
111-203).
Section 203 requires the Director of the OMB to include a
statement of budgetary impact with any Executive Order issued
or revoked during fiscal year 2018 and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
The bill provides $82,028,000 for salaries and expenses of
the Supreme Court. In addition, the bill provides mandatory
costs as authorized by current law for the salaries of the
chief justice and associate justices of the court.
care of the building and grounds
The bill provides $16,153,000 for the care of the Supreme
Court building and grounds.
United States Court of Appeals for the Federal Circuit
salaries and expenses
The bill provides $31,291,000 for salaries and expenses of
the United States Court of Appeals for the Federal Circuit.
In addition, the bill provides mandatory costs as authorized
by current law for the salaries of the chief judge and judges
of the court.
United States Court of International Trade
salaries and expenses
The bill provides $18,889,000 for salaries and expenses of
the United States Court of International Trade. In addition,
the bill provides mandatory costs as authorized by current
law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
The bill provides $5,099,061,000 for salaries and expenses
of the Courts of Appeals, District Courts, and Other Judicial
Services. In
[[Page H2519]]
addition, the bill provides mandatory costs as authorized by
current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United
States), bankruptcy judges, and justices and judges retired
from office or from regular active service. The bill also
provides $8,230,000 from the Vaccine Injury Compensation
Trust Fund.
defender services
The bill provides $1,078,713,000 for Defender Services. The
bill includes a $6 increase to the hourly non-capital panel
attorney rate above the COLA-adjusted level.
fees of jurors and commissioners
The bill provides $50,944,000 for Fees of Jurors and
Commissioners.
court security
(including transfer of funds)
The bill provides $586,999,000 for Court Security.
Administrative Office of the United States Courts
salaries and expenses
The bill provides $90,423,000 for salaries and expenses of
the Administrative Office of the United States Courts.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $29,265,000 for salaries and expenses of
the Federal Judicial Center.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $18,699,000 for salaries and expenses of
the United States Sentencing Commission.
ADMINISTRATIVE PROVISIONS--THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the
Judicial Conference.
Section 304 extends through fiscal year 2018 the delegation
of authority to the Judiciary for contracts for repairs of
less than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services
at selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district
of California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of
North Carolina, the eastern district of Texas, and Hawaii.
Section 307 authorizes an increase of the daily juror
attendance fee by $10.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia
resident tuition support.
The Superintendent is directed to include with the fiscal
year 2019 budget justification materials an update on the
District of Columbia's efforts to enhance the retention,
persistence, and graduation rates of program participants.
The report should include research findings, and information
on early awareness and readiness initiatives to promote
academic college preparation, guidance, and other support
mechanisms and partnerships. Further, the budget
justification should contain information on the status and
effectiveness of cost containment measures instituted by the
State Board of Education.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $13,000,000 for emergency planning and
security costs in the District of Columbia to remain
available until expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $265,400,000 for the District of Columbia
courts, of which $14,000,000 is for the D.C. Court of
Appeals, $121,000,000 is for the Superior Court, $71,500,000
is for the D.C. court system, and $58,900,000 is for capital
improvements to courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $49,890,000 for defender services in the
District of Columbia.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $244,298,000 for court services and
offender supervision in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $41,829,000 for public defender services
in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $2,000,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $565,000 for Judicial Commissions. Within
the amount provided, $295,000 is for the Commission on
Judicial Disabilities and Tenure, and $270,000 is for the
Judicial Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $45,000,000 for school improvement in the
District of Columbia to be distributed in accordance with the
provisions of the Scholarships for Opportunity and Results
Act (SOAR Act). Of that amount, $3,200,000 is for
administrative expenses and evaluation costs.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $435,000 for the Major General David F.
Wherley, Jr. District of Columbia National Guard Retention
and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
The bill provides $5,000,000 for the purpose of HIV/AIDS
testing and treatment.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2018
Budget Request Act of 2017.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $14,000,000 for the District of Columbia
Water and Sewer Authority.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,100,000, to remain available until
September 30, 2019, for the Administrative Conference of the
United States.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill includes $126,000,000 for the Consumer Product
Safety Commission (CPSC). Within the amount provided,
$1,100,000 is available until expended, for the pool and spa
safety grants program established by the Virginia Graeme
Baker Pool and Spa Safety Act.
Window Treatments.-- The agreement does not adopt House
report language on Window Treatments.
Table Saw Regulation.--On April 27, 2017, the CPSC issued a
notice of proposed rulemaking (NPR) to address blade-contact
injuries on table saws. After issuing the NPR, the Commission
directed further study regarding the types of table saws that
are associated with injuries, and the implications of the
rule on the saw marketplace. The CPSC, upon completion of the
study, is directed to provide a briefing to the House and
Senate Committees on Appropriations on the results of their
findings.
CPSC is directed to report to the Committees within 180
days of enactment of this Act on the progress to update the
current National Operating Committee on Standards for
Athletic Equipment (NOCSAE) football helmet standards
regarding new and reconditioned football helmets.
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal
year 2018 for the adoption or implementation of the proposed
rule on Recreational Off-highway Vehicles (ROVs) until a
study by the National Academy of Sciences is completed.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $10,100,000 for salaries and expenses of
the Election Assistance Commission (EAC). This includes
$1,500,000 to be transferred to the National Institute of
Standards and Technology (NIST). As in previous years, within
30 days of the transfer to NIST, NIST shall provide to EAC
and the Committees on Appropriations of the House and Senate
a detailed expenditure plan. Both EAC and NIST shall
establish priorities for the work jointly in order to meet
timelines.
As in previous years, the Director (or designee) of NIST
shall provide to the Executive Director (or Acting) of the
EAC a detailed expenditure plan for the transferred funds
within 30 days of the transfer to NIST.
ELECTION REFORM PROGRAM
The bill provides $380,000,000 to the Election Assistance
Commission to make payments to states for activities to
improve the administration of elections for Federal office,
including to enhance election technology and make election
security improvements, as authorized under sections 101, 103,
and 104 of the Help America Vote Act (HAVA) of 2002 (P.L. 107
252). Consistent with the requirements of HAVA, states may
use this funding to: replace voting equipment that only
records a voter's intent electronically with equipment that
utilizes a voter-verified paper record; implement a post-
election audit system that provides a high-level of
confidence in the accuracy of the final vote tally; upgrade
election-related computer systems to address cyber
vulnerabilities identified through DHS or similar scans or
assessments of existing election systems; facilitate
cybersecurity training for the state chief election
official's office and local election officials; implement
established cybersecurity best practices for election
systems; and fund other activities that will improve the
security of elections for federal office.
[[Page H2520]]
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides $322,035,000 for salaries and expenses of
the Federal Communications Commission (FCC). The bill
provides that $322,035,000 be derived from offsetting
collections, resulting in no net appropriation.
Incentive Auction.--The FCC is directed to provide monthly
reports to the House and Senate Committees on Appropriations,
the Senate Committee on Commerce, and the House Committee on
Energy and Commerce with the current status of the
construction schedule including the allocation provided and
the status of any relief granted to accommodate stations that
face unforeseen circumstances during the transition period.
Measuring the Potential Impact of Broadband Access on the
Opioid Crisis.-- The FCC is directed to use the Connect 2
Health tool to create a map overlaying drug abuse statistics
with the level of Internet access to help address challenges
in rural areas.
Call Completion in Rural Areas.--The FCC shall report to
the House and Senate Committees on Appropriations within 90
days of enactment of this Act detailing the Commission's
efforts to resolve call completion issues and to prevent
discriminatory delivery of calls to any area of the country.
The report shall include information on the number of call
completion complaints filed with the Commission in the
previous 12 months and on the Commission's resulting
enforcement actions.
Broadband Connectivity on Tribal Lands.--The FCC is
directed to set interim goals and performance measures for
increasing access to broadband on tribal lands, and in
addition to funds already committed to the Office of Native
Affairs and Policy activities, FCC is encouraged to use all
available resources with the goal of spending $300,000 to
support consultation with federally recognized Indian tribes,
Alaska Native villages, and entities related to Hawaiian home
lands.
National Broadband Map.--The FCC is directed to report to
the House and Senate Committees on Appropriations on the
actions the FCC plans to take to establish a methodology that
will apply to the collection of mobile broadband coverage
data for the purposes of the Universal Service program, or
any similar programs, to address the current limitations of
coverage data no later than 180 days after enactment of this
Act.
Information Technology Reform.--The FCC shall report to the
House and Senate Committees on Appropriations within six
months of enactment of this Act on how it will prioritize
future IT reform efforts and identify the most important IT
systems to be modernized.
Fines.-- Beginning not later than 90 days after enactment
of this Act, the FCC is directed to submit quarterly reports
to the Committees on Appropriations of the House and Senate,
the Committee on Energy and Commerce in the House, and the
Committee on Commerce, Science, and Transportation in the
Senate on the status of its efforts on tracking and
collecting monetary penalties assessed by the agency. The
reports should include a list of all Notices of Apparent
Liability (NALs) pending, including the date it was issued;
all NALs released, including the date of release; all
forfeiture order spending, including the date it was issued;
all forfeiture orders released, including date of release and
date upon which payment is due; all timely paid forfeiture
orders; all forfeiture orders referred to the Department of
Justice for collection, including date of referral; all
consent decrees, including date adopted; and all consent
decrees that have resulted in a payment, including date of
payment. Additionally, for each of the items listed above,
the Commission shall provide the date on which the U.S.
Government will no longer be able to effectively prosecute
the alleged violation as a result of the statute of
limitations.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
The bill includes the following administrative provisions
for the Federal Communications Commission:
Section 510 prohibits the FCC from changing rules governing
the Universal Service Fund regarding single connection or
primary line restrictions.
Section 511 authorizes and appropriates $600,000,000 for
the TV Broadcaster Relocation Fund in fiscal year 2018 and
$400,000,000 in fiscal year 2019.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $39,136,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $71,250,000 for salaries and expenses of
the Federal Election Commission.
Foreign Contributions. Preserving the integrity of
elections, and protecting them from undue foreign influence,
is an important function of government at all levels. Federal
law, for example, prohibits foreign campaign contributions
and expenditures. With that in mind, the Chairman is directed
to report to the Committees on Appropriations of the House
and Senate no later than 180 days after the enactment of this
Act on the Commission's role in enforcing this prohibition,
including how it identifies foreign contributions to
elections, and what it plans to do in the future to continue
these efforts.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $26,200,000 for the Federal Labor
Relations Authority.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $306,317,000 for salaries and expenses of
the Federal Trade Commission. This appropriation is partially
offset by premerger filing and Telemarketing Sales Rule fees
estimated at $126,000,000 and $16,000,000, respectively.
Contact Lenses.--The House Report and the Senate draft
Report included different language regarding contact lenses.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The bill provides resources from the General Services
Administration (GSA) Federal Buildings Fund totaling
$9,073,938,000.
Transportation Technologies.--GSA is directed to submit to
the House and Senate Committees on Appropriations the report
on transportation technologies for federal fleets required by
the Consolidated Appropriations Act, 2017 (P.L. 115-31)
within 30 days of enactment of this Act.
GSA Advantage.--GSA's efforts to verify the accuracy of
products listed on GSA Advantage and whether they are Made In
the USA have been inconsistent, which is of concern. GSA is
directed to report to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act on
steps it is taking to improve processes for reviewing and
verifying a company's business location, the origins of
listed products, and a process for customers to report
misleading or inaccurate listings.
Buy American.--The creation of a government-wide website,
called BuyAmerican.gov, would provide a comprehensive
government-wide repository for information about waivers to
the Buy American Act, Berry Amendment and other domestic
content statutes; assist small- and medium-sized
manufacturers; and achieve some of the goals of President
Trump's Executive Order on Buy American. GSA is encouraged,
in conjunction with OMB, to examine the feasibility of
establishing such a website, and to report to the House and
Senate Committees on Appropriations within 120 days after
enactment of this Act.
Energy Efficiency.--It is important to provide energy
efficient, sustainable, and cost-effective measures that
address more effectively the infrastructure needs of Federal
agencies, including energy savings performance contracts,
which allow Federal agencies to partner with the private
sector to modernize Federal infrastructure.
Dirksen Courthouse.--The Dirksen Courthouse in Chicago is
adjacent to buildings in critical disrepair scheduled to be
sold to a developer who will demolish the unsafe structures
and rebuild on the site. Concerns have been raised as to the
effect of this development plan on the security of the Court
and other federal agencies in the courthouse. GSA is directed
to review the current development plan to ensure that it does
not pose security problems independent of existing security
issues at the courthouse and report back to the House and
Senate Committees on Appropriations with the results of that
review before proceeding with the planned disposition of the
properties.
Construction and Acquisition.--The bill provides
$692,069,000 for construction and acquisition.
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
NY Alexandria Bay, United States $132,979,000
Land Port of Entry..............
CA Otay Mesa, United States Land $121,848,000
Port of Entry...................
PA Harrisburg, United States $137,242,000
Courthouse......................
AL Huntsville, United States $110,000,000
Courthouse......................
FL Fort Lauderdale, United States $190,000,000
Courthouse......................
------------------------------------------------------------------------
Repairs and Alterations.--The bill provides $666,335,000
for repairs and alterations. Funds are provided in the
amounts indicated:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations........................ $289,245,000
Basic Repairs and Alterations........................ $312,090,000
Fire and Life Safety Program......................... $25,000,000
Judiciary Capital Security Program................... $20,000,000
Consolidation Activities............................. $20,000,000
------------------------------------------------------------------------
For Major Repairs and Alterations, GSA is directed to
submit a spending plan, by project, as specified in Section
526 of this Act to the Committees on Appropriations of the
House and Senate (Committees) and to provide notification to
the Committees, within 15 days prior to any changes in the
use of these funds.
Rental of Space.--The bill provides $5,493,768,000 for
rental of space.
Building Operations.--The bill provides $2,221,766,000 for
building operations. Within this amount, $1,146,089,000 is
for building services and $1,075,677,000 is for salaries and
expenses. Up to five percent of the funds may be transferred
between these activities upon the advance notification to the
Committees.
[[Page H2521]]
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $53,499,000 for General Services
Administration government-wide policy activities. GSA is
directed to spend not less than $2,000,000 on the Unified
Shared Services Management Office.
OPERATING EXPENSES
The bill provides $45,645,000 for operating expenses.
Within the amount provided under this heading, the bill
provides $24,357,000 for Real and Personal Property
Management and Disposal and $21,288,000 for the Office of the
Administrator. Up to five percent of the funds for the Office
of the Administrator may be transferred to Real and Personal
Property Management and Disposal upon the advance
notification to the Committees on Appropriations of the House
and Senate.
CIVILIAN BOARD OF CONTRACT APPEALS
The bill provides $8,795,000 for the Civilian Board of
Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The bill provides $65,000,000 for the Office of Inspector
General.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $4,754,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $50,000,000 for deposit into the Federal
Citizen Services Fund (the Fund) and authorizes use of
appropriations, revenues and collections in the Fund in an
aggregate amount not to exceed $100,000,000. Any deviation
from the spending plan required for Electronic Government
projects shall require a notification within 30 days to the
Committees on Appropriations of the House and Senate.
TECHNOLOGY MODERNIZATION FUND
The bill provides $100,000,000 for the Technology
Modernization Fund.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
The bill provides $5,000,000 for the Asset Proceeds and
Space Management Fund.
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
The bill provides $1,000,000 for the Environmental Review
Improvement Fund.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees on
Appropriations of the House and Senate.
Section 522 requires transmittal of a fiscal year 2019
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial
Conference's 5 year construction plan, and includes a
standardized courtroom utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that
does not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved
in other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Section 526 requires a spending plan for certain accounts
and programs.
Section 527 establishes the Asset Proceeds Space Management
Fund as a fund separate from the Federal Buildings Fund.
Harry S. Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $1,000,000 for payment to the Harry S.
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $46,835,000, to remain available until
September 30, 2019, for the salaries and expenses of the
Merit Systems Protection Board. Within the amount provided,
$44,490,000 is a direct appropriation and $2,345,000 is a
transfer from the Civil Service Retirement and Disability
Fund to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,975,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund, of which $200,000 is
transferred to the Office of Inspector General of the
Department of the Interior to conduct audits and
investigations.
The agreement directs the Foundation to report semiannually
to the Committee regarding its continued work in instituting
reformed internal controls, including milestones achieved.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,366,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
The bill provides $384,911,000 for the operating expenses
of the National Archives and Records Administration (NARA).
Digitize Records.--The agreement directs NARA to report,
within 90 days of enactment of this Act, on its progress to
digitize and preserve physical access to archival records
that have been or will be relocated to another State by any
facility closure occurring in fiscal years 2014, 2015, 2016,
or 2017. The report shall: (1) describe the progress that has
been made to digitize and post online such records that have
been moved; (2) describe NARA's digitization priorities for
2018 pertaining to any relocated archival records; and (3)
include a timeline for completing the digitization and
posting online process. --NARA should give due consideration
and appropriate adjudication, within the limits of the
Federal Records Act and all applicable laws, of any request
to review archival records that are relocated as a result of
a facility closure, to determine whether those records
continue to require permanent preservation in the National
Archives.
Presidential Libraries.--The agreement notes NARA's
submission of an update of its comprehensive capital needs
assessment for its entire infrastructure of Presidential
libraries and records facilities, as part of the fiscal year
2018 budget submission and urges NARA to consider an
appropriate level of funding for repair of Presidential
libraries, with due consideration given to the needs of the
Dwight D. Eisenhower Presidential Library in Abilene, KS.
Government Publishing Office Buildings.--Section 635 of the
Consolidated Appropriations Act, 2016 provided for the
``repair, alteration, and improvement of an additional leased
facility to provide adequate storage for holdings of the
House of Representatives and the Senate.'' The funds provided
for the renovation and lease of vacant space in the
Government Publishing Office (GPO) Building A, in order to
alleviate partially a critical shortage of archival storage
space for the official records of House and Senate records.
The agreement intends for funds appropriated under this Act
to be used to complete additional archival space, identified
in Building D of the GPO, required to address the shortage
and accommodate future holdings of the House of
Representatives and the Senate.
Recordkeeping Oversight.--NARA is directed to continue to
place a high priority on its recordkeeping oversight mission
and to report to the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Oversight and Government Reform, and the Senate Committee
on Homeland Security and Governmental Affairs any instances
of substantial non-compliance by executive agencies or
significant risk to Federal records that are identified in
the course of NARA oversight activities.
OFFICE OF INSPECTOR GENERAL
The bill provides $4,801,000 for the Office of Inspector
General of the National Archives and Records Administration.
REPAIRS AND RESTORATION
The bill provides $7,500,000 for repairs and restoration.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM
The bill provides $6,000,000 for the National Historical
Publications and Records Commission grants program.
The National Historical Publications and Records Commission
is urged to continue to support the completion of documentary
editions through the National Historical Publications and
Records Commission Grants Program and to support the
scholarly presentation of our country's most treasured
historical documents.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $2,000,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $16,439,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $260,755,000 for salaries and expenses of
the Office of Personnel Management (OPM). Within the amount
provided, $129,341,000 is a direct appropriation and
$131,414,000 is a transfer from OPM trust funds.
The bill provides $21,000,000 for OPM to improve
information technology (IT) security and infrastructure. OPM
is directed to provide quarterly briefings to the Committees
on Appropriations of the House and Senate outlining progress
on its infrastructure improvement project to increase network
security and migrate legacy systems, including the
Consolidated Business Information Systems. Prior to
obligating the $21,000,000 for IT security improvements, the
Director of OPM shall submit to the Committees on
Appropriations within 90 days of enactment of this Act a plan
for expenditure prepared in consultation with the Director of
the Office of Management and Budget, the U.S. Digital
Service, and the Department of Homeland Security. The OPM IG
is to review and comment upon this plan within 60 days.
[[Page H2522]]
OPM Cybersecurity.--In lieu of the House report language on
the National Bureau of Investigations, the agreement directs
GAO to brief the Committees on Appropriations of the House
and Senate not less than six months after enactment of this
Act on actions taken by OPM in response to GAO's information
security recommendations. GAO recently reported that OPM had
not taken sufficient actions to prevent, mitigate, and
respond to data breaches involving sensitive personal and
background investigation information, and had not effectively
implemented information security controls in selected high-
impact systems. These reports (reports GAO-16-501, GAO-16-
687SU, GAO-17-459SU, and GAO-17-614) had 80 recommendations
and to date, OPM has not implemented the vast majority of
these recommendations. OPM is expected to take the steps
necessary to complete outstanding GAO recommendations to
improve its information security.
OPM Modernization.--OPM is directed to continue providing
reports and status update briefings on modernization efforts
and the strategic technology plan, as developments and
milestones occur, and future plans are determined.
Retirement Backlog.--OPM is directed to continue providing
monthly reports to the House and Senate Committees on
Appropriations on its progress in addressing the backlog in
retirement claims.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $30,000,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$5,000,000 is a direct appropriation and $25,000,000 is a
transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The bill includes $26,535,000 for the salaries and expenses
of the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $15,200,000 for the salaries and expenses
of the Postal Regulatory Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $8,000,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
The bill provides $5,000,000 for salaries and expenses of
the Public Buildings Reform Board.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,652,000,000 for the Securities and
Exchange Commission (SEC). Of that amount, the bill allocates
$68,950,000 for the Division of Economic and Risk Analysis,
no less than $14,748,358 for the SEC Office of Inspector
General, and $45,000,000 for information technology upgrades
and enhancements. In addition, the bill provides another
$244,507,052 for costs associated with relocating the
Commission's headquarters. All funds are derived from
$1,896,507,000 in offsetting collections resulting in no net
appropriation.
Reserve Fund Notifications.--SEC is directed, in its
written notifications to Congress required by 15 U.S.C.
78d(i)(3) regarding amounts obligated from the SEC Reserve
Fund, to specify: (1) the balance in the fund remaining
available after the obligation is deducted; (2) the estimated
total cost of the project for which amounts are being
deducted; (3) the total amount for all projects that have
withdrawn funding from the Reserve Fund since fiscal year
2012; and (4) the estimated amount, per project, that will be
required to complete all ongoing projects which use funding
derived from the Reserve Fund.
Spending Plan.--SEC is directed to submit, within 30 days
of enactment, a detailed spending plan for the allocation of
appropriated funds displayed by discrete program, project,
and activity, including staffing projections, specifying both
FTEs and contractors, and planned investments in information
technology. SEC is also directed to submit, within 30 days of
enactment, a detailed spending plan for the allocation of
expenditures from the Reserve Fund.
Data Breach.--GAO is directed to report to the House and
Senate Committees on Appropriations not later than 6 months
of enactment of this Act on the Electronic Data Gathering
Analysis and Retrieval system data breach that occurred in
October 2016. The report should include findings on the cause
and scope of nonpublic information compromised, actions taken
by SEC to mitigate the effects of the breach, and SEC's
response to GAO's information security recommendations.
The agreement does not include a section pertaining to
electronic delivery of shareholder reports. The SEC did not
adopt proposed rule 30e-3 when the Commission adopted the new
rules and forms to modernize reporting and the disclosure of
information by registered investment companies.
Selective Service System
SALARIES AND EXPENSES
The bill provides $22,900,000 for the salaries and expenses
of the Selective Service System.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $268,500,000 for salaries and expenses of
the Small Business Administration (SBA).
Office of Credit Risk Management.--The bill provides at
least $12,000,000 for SBA's Office of Credit Risk Management
for lender oversight and risk-based reviews. SBA is required
to maintain the current capability and capacity of the Loan
and Lender Monitoring System and to strongly consider ways to
upgrade the system to improve lender oversight.
Small Business Investment Company Collaboration.--SBA is
directed to continue its collaborative effort with the
Securities and Exchange Commission to ensure effective
oversight of Small Business Investment Companies (SBIC) and
the protection of SBIC investors.
SBIC.--SBA shall release SBIC data and is required to
report to the House and Senate Committees on Appropriations a
plan to increase the geographic dispersion of SBICs and the
number of SBICs in states with below the national median or
with no current SBICs no later than 60 days after enactment
of this Act.
Federal and State Technology Partnership Program.--The bill
provides $3,000,000 for the Federal and State Technology
(FAST) Partnership Program in fiscal year 2018. The Committee
supports the FAST program's efforts to reach innovative,
technology-driven small businesses and to leverage the Small
Business Innovation Research and Small Business Technology
Transfer program to stimulate economic development. Of the
amount provided, $1,000,000 shall be for FAST awards to Small
Business and Technology Development Centers fully accredited
for technology designation as of December 31, 2017.
Zika Virus on Small Business.--SBA is directed to brief the
House and Senate Committees on Appropriations on the effects
of the spread of the Zika virus on small businesses and the
extent to which SBA has the authority to make disaster loans
available to communities impacted by health-related travel
advisories.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $247,100,000 for SBA Entrepreneurial
Development Programs. The SBA shall not reduce these amounts
and shall not merge any of the entrepreneurial development
programs without the advance written approval from the
Committees on Appropriations of the House and Senate.
------------------------------------------------------------------------
Project ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting 2,800
Assistance)............................................
Entrepreneurship Education.............................. 6,000
Growth Accelerators..................................... 1,000
HUBZone Program......................................... 3,000
Microloan Technical Assistance.......................... 31,000
National Women's Business Council....................... 1,500
Native American Outreach................................ 2,000
PRIME Technical Assistance.............................. 5,000
Regional Innovation Clusters............................ 5,000
SCORE................................................... 11,500
Small Business Development Centers (SBDC)............... 130,000
State Trade Expansion Program (STEP).................... 18,000
Veterans Outreach....................................... 12,300
Women's Business Centers (WBC).......................... 18,000
------------------------------------------------------------------------
Total, Entrepreneurial Development Programs......... 247,100
------------------------------------------------------------------------
Small Business Development Centers.--The bill provides
$130,000,000 for the Small Business Development Center (SBDC)
Program for fiscal year 2018. SBA is directed to continue to
prioritize a robust SBDC network and, subject to the
availability of funds, the Administrator of the SBA shall, to
the extent practicable, ensure that a small business
development center is appropriately reimbursed within the
same fiscal year in which the expenses were incurred for any
and all legitimate expenses incurred in carrying out
activities under section 21(b)(3)(B) of the Small Business
Act (15 U.S.C. 648(b)(3)(B)).
OFFICE OF INSPECTOR GENERAL
The bill provides $19,900,000 for the Office of Inspector
General of the Small Business Administration.
SBA Modernization.--The SBA Office of Inspector General is
directed to continue routine analysis and reporting on SBA's
modernization of its loan management and accounting systems.
OFFICE OF ADVOCACY
The bill provides $9,120,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $156,220,000 for the Business Loans
Program Account. Of the amount provided, $3,438,172 is for
the cost of direct loans in the microloan program, and
$152,782,000 is for administrative expenses to carry out the
direct and guaranteed loan programs which may be transferred
to and merged with Salaries and Expenses. The bill provides a
$29,000,000,000 cap for SBA 7(a) loans and $7,500,000,000 for
504 refinance authority.
Employee-Ownership.--It is noted that worker owned
businesses are uniquely structured to provide wide-ranging
economic benefits. In order to encourage new and assist
existing employee owned businesses, SBA is directed to
provide education and outreach to businesses, employees, and
financial institutions about employee-ownership. This effort
should include information about the different business
structures available, such as cooperatives, Employee Stock
Ownership Plans, and technical assistance to assist employee
efforts to become businesses. Further,
[[Page H2523]]
SBA is directed to develop guidance on employee-ownership to
approved lenders and assist in accessing financing through
the 7(a)(15) loan guarantee program.
DISASTER LOANS PROGRAM ACCOUNT
The bill provides no funding for the Small Business
Administration Disaster Loans Program. The Disaster Loan
Program Administration account received $618,000,000 in
supplemental funding in P.L. 115-123. This is sufficient
funding for fiscal year 2018.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
The bill includes the following administrative provisions
for the Small Business Administration:
Section 530 concerns transfer authority and availability of
funds.
Section 531 rescinds prior year unobligated balances
related to Immediate Disaster Assistance Program and the
Expedited Disaster Assistance Loan Program.
Section 532 amends requirement to the microloan program.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $58,118,000 for a payment to the Postal
Service Fund.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $245,000,000 for the Office of Inspector
General.
United States Tax Court
SALARIES AND EXPENSES
The bill provides $50,739,887 for salaries and expenses of
the United States Tax Court.
TITLE VI
GENERAL PROVISIONS--THIS ACT
The bill includes the following provisions:
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly
provided.
Section 603 limits expenditures for any consulting service
through procurement contracts where such expenditures are a
matter of public record and available for public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the 1930 Tariff Act (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds and
specifies the reprogramming procedures for agencies funded by
this Act.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background
reports from the Federal Bureau of Investigation without the
written consent of the individual who is the subject of the
report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost of living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits
Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result
of an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 is a provision on the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity
(or their representative) that engages in activities
regulated by such agencies or commissions.
Section 617 permits the Securities and Exchange Commission
and the Commodity Futures Trading Commission to fund a joint
advisory committee to advise on emerging regulatory issues,
notwithstanding section 708 of this Act.
Section 618 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 619 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund,
Judicial Survivors' Annuities Fund, and the United States
Court of Federal Claims Judges' Retirement Fund), the
Government Payment for Annuitants for Employee Health
Benefits and Employee Life Insurance, and the Payment to the
Civil Service Retirement and Disability Fund. In addition,
language is included for certain retirement, healthcare and
survivor benefits required by 3 U.S.C. 102 note.
Section 620 allows the Public Company Accounting Oversight
Board to obligate up to $1,000,000 collected from monetary
penalties for the purpose of funding scholarships for
accounting students, as authorized by the Sarbanes-Oxley Act
of 2002 (Public Law 107-204).
Section 621 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children unless certain requirements are met.
Section 622 prohibits funds for certain positions.
Section 623 addresses conflicts of interest by preventing
contractor security clearance-related background
investigators from undertaking final Federal reviews of their
own work.
Section 624 provides authority for Chief Information
Officers over information technology spending.
Section 625 prohibits funds from being used in
contravention of the Federal Records Act.
Section 626 relates to electronic communications.
Section 627 relates to Universal Service Fund payments for
wireless providers.
Section 628 relates to inspectors general.
Section 629 relates to pornography and computer networks.
Section 630 modifies a provision related to credit
monitoring.
Section 631 prohibits funds for the SEC to finalize, issue,
or implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in
SEC filings.
Section 632 renames a federal courthouse in Jackson,
Mississippi.
TITLE VII GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 701 requires agencies to administer a policy
designed to ensure that all of its workplaces are free from
the illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental United States.
Section 705 ensures that agencies will have authority to
pay the General Services Administration for space renovation
and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the
District of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives, which benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to
labor organizations, absent employee authorization, or court
order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees on Appropriations.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate
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share of the Federal Accounting Standards Advisory Board
administrative costs.
Section 721 authorizes the transfer of funds to the General
Services Administration to finance an appropriate share of
various Government-wide boards and councils under certain
conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council, and requiring an OMB report
on the budget and resources of the Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and the amount provided for all
proposals, solicitations, grant applications, forms,
notifications, press releases, or other publications related
to the distribution of funding to a State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of the Olympic, Pan American and
Paralympic athletes, and supports the strict adherence to
anti-doping in sport activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees to the legislative branch and
placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are
broadcast or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code or
section 522.224 of title 48 of the Code of Federal
Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national
security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the Office
of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year to be
available to the Office of Personnel Management for the cost
of processing retirements of employees who separate under
Voluntary Early Retirement Authority or who receive Voluntary
Separation Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of
the legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 eliminates automatic statutory pay increases
for the Vice President, political appointees paid under the
executive schedule, ambassadors who are not career members of
the Foreign Service, politically appointed (noncareer) Senior
Executive Service employees, and any other senior political
appointee paid at or above level IV of the executive
schedule.
Section 739 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 740 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change
is made pursuant to reprogramming or transfer provisions.
Section 741 prohibits the Office of Personnel Management or
any other agency from using funds to implement regulations
changing the competitive areas under reductions-in-force for
Federal employees.
Section 742 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function
performed by civilian Federal employees pursuant to Office of
Management and Budget Circular A176 or any other
administrative regulation, directive, or policy.
Section 743 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 744 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure
policies unless certain provisions are included in the
policies.
Section 745 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has
considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Section 746 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Section 747 relates to the Consumer Financial Protection
Bureau. Given the need for transparency and accountability in
the Federal budgeting process, the Bureau is directed to
provide an informal, nonpublic full briefing at least
annually before the relevant Appropriations subcommittee on
the Bureau's finances and expenditures.
Section 748 addresses possible technical scorekeeping
differences for fiscal year 2018 between the Office of
Management and Budget and the Congressional Budget Office.
Section 749 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
The bill includes the following general provisions for the
District of Columbia:
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
blood borne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use or distribution of any
schedule I substance under the Controlled Substances Act or
any tetrahydrocannabinols derivative. In addition, section
809 prohibits Federal and local funds to enact any law, rule,
or regulation to legalize or reduce penalties associated with
the possession, use or distribution of any schedule I
substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation in order to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, that
aligns schools budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision will apply to the District of Columbia Courts, the
Court Services and Offender Supervision Agency and the
District of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2019 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2018.
Section 817 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2018.''
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DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018
The following is an explanation of Division F, which makes
appropriations for the Department of Homeland Security (DHS)
for fiscal year 2018. Funding provided in this Act not only
sustains existing programs that protect the nation from all
manner of threats, it ensures DHS's ability to improve
preparedness at the federal, state, and local levels, to
prevent and respond to terrorist attacks, and to hire, train,
and equip DHS frontline forces protecting the homeland.
The language set forth in House Report 115-239 carries the
same weight as language included in this joint explanatory
statement and should be complied with unless specifically
addressed to the contrary in the bill or in this joint
explanatory statement. While the statement repeats some
language for emphasis, it does not negate any language in the
House report unless expressly stated. When this explanatory
statement refers to the Committees or the Committees on
Appropriations, these references are to the House
Appropriations Subcommittee on Homeland Security and the
Senate Appropriations Subcommittee on Homeland Security.
This explanatory statement refers to certain laws,
organizations, persons, funds, and documents as follows: the
Implementing Recommendations of the 9/11 Commission Act of
2007, Public Law 110-53, is referenced as the 9/11 Act; the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, Public Law 93-288, is referenced as the Stafford Act;
the Department of Homeland Security is referenced as DHS or
the Department; the Government Accountability Office is
referenced as GAO; and the Office of Inspector General of the
Department of Homeland Security is referenced as OIG. In
addition, ``full-time equivalents'' are referred to as FTE;
``full-time positions'' are referred to as FTP; ``Information
Technology'' is referred to as IT; the DHS ``Working Capital
Fund'' is referred to as WCF; ``program, project, and
activity'' is referred to as PPA; any reference to ``the
Secretary'' should be interpreted to mean the Secretary of
the Department of Homeland Security; ``component'' should be
interpreted to mean an agency, administration, or directorate
within the Department of Homeland Security; and ``budget
request'' or ``the request'' should be interpreted to mean
the budget of the U.S. Government for fiscal year 2018 that
was submitted to Congress on May 23, 2017.
classified programs
Recommended adjustments to classified programs are
addressed in a classified annex to this joint explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
A total of $139,602,000 is provided for Operations and
Support, including not more than $30,000 for official
reception and representation (ORR) expenses.
DHS is directed to continue to submit quarterly obligation
reports to the Committees for all ORR expenses and shall
refrain from using such funds for unnecessary collectibles or
memorabilia. A decrease of $10,000 is assessed to the
Secretary's ORR funds due to the assumption of $657,000,000
in unauthorized fee revenue in the fiscal year 2018 budget
request. The Department is directed to work with the Office
of Management and Budget (OMB) to ensure that future budget
requests do not assume savings from fee proposals that have
not been authorized. Bill language has been included to
require the Department to submit a budget amendment to reduce
spending commensurate with any fee increase that has not been
authorized within 60 days of a proposal. Based on technical
assistance provided by the Department, a reduction of
$1,647,000 has been distributed within the account to reflect
more realistic hiring projections for the remainder of the
fiscal year.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support
Office of the Secretary................................... $18,043,000 $18,846,000
Office of Policy.......................................... 36,837,000 40,524,000
Office of Public Affairs.................................. 5,143,000 5,123,000
Office of Legislative Affairs............................. 5,056,000 5,000,000
Office of Partnership and Engagement...................... 12,603,000 13,373,000
Office of General Counsel................................. 18,501,000 18,501,000
Office for Civil Rights and Civil Liberties............... 20,679,000 23,571,000
Citizenship and Immigration Services Ombudsman............ 5,944,000 6,200,000
Privacy Office............................................ 7,501,000 8,464,000
-------------------------------------------------
Subtotal, Operations and Support...................... $130,307,000 $139,602,000
-------------------------------------------------
Total, Office of the Secretary and Executive $130,307,000 $139,602,000
Management.......................................
----------------------------------------------------------------------------------------------------------------
The Department is directed to provide complete
justification materials in future budget requests and to
provide details for each office and program, clearly
describing the funds necessary to continue current services
at the previous fiscal year level, all transfers, any
adjustments that have been made to base funding, and all
proposed program changes.
The REAL ID program improves the security of state
identification materials. The Secretary has the discretion to
grant a state additional time to meet the required minimum
standards if the state provides adequate justification for
delayed compliance. States should have the opportunity to
consider methods of compliance consistent with individual
state values and traditions.
DHS is engaged in a number of commendable efforts to end
human trafficking and child exploitation. Within 60 days of
the date of enactment of this Act, DHS shall brief the
Committees on component efforts to combat human trafficking
and child exploitation and include the following information
by component and PPA: a comprehensive list of DHS activities
to identify, locate, and protect children against
exploitation; the metrics used by DHS to track and evaluate
these activities; funding levels associated with these
activities; a comprehensive list of state, local,
international, and non-government agency partners for these
activities; the authorities by which DHS is carrying out
these activities; additional authorities that would improve
DHS's ability to carry out these activities domestically or
internationally; and DHS's progress toward meeting
requirements under Public Law 115-125.
The Department is expected to work in partnership with the
U.S. Fish and Wildlife Service to improve cooperative efforts
to better address wildlife trafficking, and to expeditiously
provide overdue reports on wildlife trafficking to the
Committees. In addition, an updated report on wildlife
trafficking, as outlined in the explanatory statement
accompanying Public Law 115-31, shall be provided to the
Committees not later than November 15, 2018.
The recently completed northern border threat analysis
required by Public Law 114-267 provides the Department with
specific information on how best to target and deploy
resources along the northern border. The Department is
directed to implement the report's key recommendations as
part of an operationally focused strategy along the northern
border. Future budget requests should detail specific
northern border staffing requirements and request funding for
implementation of planned northern border enforcement
initiatives by field office.
Should the currently productive relationship between DHS
and GAO change, the Committees shall be notified immediately.
office of the secretary
A total of $18,846,000 is provided for the Office of the
Secretary.
The Department shall continue to submit quarterly Border
Security Status reports and data on the deportation of
parents of U.S.-born children semiannually, as in prior
years.
Airports, airlines, and industry have demonstrated a strong
willingness to engage with U.S. Customs and Border Protection
(CBP) to develop concepts of operations and technologies
necessary to facilitate legitimate travel while enhancing
security. CBP's facial recognition technology pilot
deployments at several airports, including Hartsfield-Jackson
Atlanta International Airport and Washington Dulles
International Airport, and the ongoing expansion to airports
around the United States, have shown great promise. In the
near term, CBP is expected to obligate funding to build a
back-end communications portal to connect with airlines;
develop new software capabilities that leverage one-to-many
facial biometric searching and matching; test and maintain
biometric equipment; and perform demonstrations with airline
participants for entry in the air environment, and for entry
and exit in the land and vehicle pedestrian environments. The
Department is directed to brief the Committees semiannually
on efforts to deploy entry and exit data collection
technologies in both the air and land border environments,
with the first such briefing due not later than 90 days after
the date of enactment of this Act.
U.S. Immigration and Customs Enforcement (ICE) continues to
find success through its Biometric Identification
Transnational Migration Alert Program, which involves
biometric data collection from special interest aliens,
violent criminals, fugitives, and confirmed or suspected
terrorists encountered
[[Page H2545]]
by foreign law enforcement and military personnel. The
Department, in conjunction with appropriate partner agencies,
shall brief the Committees not later than 90 days after the
date of enactment of this Act on these important efforts.
The rate of illegal border crossing slowed significantly
during 2017, but the efforts of the Government of Mexico to
secure its southern border must remain an important focus.
Both the United States and Mexico must continue working with
the Governments of El Salvador, Guatemala, and Honduras to
improve their civil law enforcement capabilities, including
by sharing criminal history information, prior orders of
removal, and immigration enforcement actions. ICE's Criminal
History Information Sharing agreements with the Bahamas, the
Dominican Republic, El Salvador, Guatemala, Honduras, and
Jamaica continue to be productive, in addition to ICE's work
with the Federal Bureau of Investigation's Criminal Justice
Information System Advocacy Board to increase the number of
conviction codes that are shared between nations. Not later
than 90 days after the date of enactment of this Act, the
Department, in conjunction with the appropriate components
and partner agencies, shall brief the Committees on these
efforts, including details on where any law enforcement,
coordination, or information sharing gaps exist.
The Department's Entry/Exit Overstay Report for fiscal year
2016 revealed that, at the end of that year, there were
628,799 individuals who remained in the United States beyond
their authorized period of stay and for whom departure from
the United States could not be verified. The Department is
directed to develop and report within 180 days of the date of
enactment of this Act on a statistically sound metric for
measuring the total nonimmigrant air and sea overstay
population in the United States at a given time. The report
should also describe the characteristics of suspected in-
county overstays and detail how the Department will improve
its collection and use of data sets necessary to develop a
more comprehensive in-country alien overstay estimate. GAO
shall review the metric developed in this report and provide
a preliminary briefing to the Committees on its review not
later than 90 days after the report is provided to the
Committees.
The Department is further directed to develop and publish a
comprehensive in-country alien overstay enforcement and
deterrence strategy not later than 240 days after the date of
enactment of this Act. This strategy shall, at a minimum,
establish a target and range of options for reducing the
overstay population and detail the resources and assets that
would be required to implement the strategy.
The Department shall also report within 180 days of the
date of enactment of this Act on how to improve its
collection and use of data sets necessary to develop an
estimate for the entire population of those illegally present
in the United States. GAO shall review this report and
provide a preliminary briefing to the Committees on its
review not later than 90 days after the report is provided to
the Committees.
The Department's reliance on sourcing personal protective
equipment, organizational clothing, and individual equipment
from foreign manufacturers misses an opportunity to support
the U.S. manufacturing economy while also enhancing security
by using products made in America. The Secretary is directed
to take immediate steps to increase the share of American-
made products in its procurements and to provide a report to
the Committees, not later than 180 days after the date of
enactment of this Act, on any obstacles to the Department's
ability to transition to procuring 100 percent American-
manufactured goods. The report should also propose solutions
to any such obstacles and detail progress the Department is
making toward increasing its utilization of American goods.
Additionally, the Department shall provide a report not later
than 90 days after the date of enactment of this Act on DHS's
compliance with the Buy American Act and Kissell Amendment,
as detailed in the House report.
The agreement includes $5,765,000, which is $900,000 above
the amount in the budget request, to enhance the Joint
Requirements Council's (JRC) capacity for cross-component
requirements analysis and development. DHS is directed to
continue to provide quarterly briefings on the JRC to the
Committees. DHS should consider the importance of maintaining
independence between the requirements development and
acquisition processes as part of this review. DHS is directed
to continue to provide quarterly briefings on the JRC and
shall brief the Committees on any reorganization of
headquarters organizational units not later than 60 days
before any such reorganization takes place.
The Department is directed to provide a briefing to the
Committees, not later than 180 days after the date of
enactment of this Act, on the extent of persecution and
violence against religious minorities in Indonesia. The
briefing shall include the manner in which the Department
coordinates with the Departments of Justice and State to
comply with sections 208 and 241(b)(3) of the Immigration and
Nationality Act of 1952 and the regulations promulgated
pursuant to section 2242(b) of the Foreign Affairs Reform and
Restructuring Act of 1998.
The Department is encouraged to continue its efforts toward
full implementation of the Plan to Support Increased Public
Access to the Results of Research Funded published on
December 27, 2016. The Department is directed to provide an
update on progress made in future budget requests.
Coordination among DHS agencies and state, local, tribal,
territorial, and foreign law enforcement agencies, to include
state police crime labs, ensures the efficient use of
resources and improves public safety outcomes. The Department
should continue to provide assistance, as appropriate, to
state police crime labs to ensure that federal requirements
do not burden state resources or cause a backlog that slows
investigations. The Department shall report annually on its
use of and partnerships with state crime labs, including
funding associated with such uses and partnerships, and
should fully reimburse state crime labs for all provided
services.
office of policy
A total of $40,524,000 is provided for the Office of
Policy.
The agreement includes $4,787,400 to accelerate the build-
out of the Immigration Data Integration Initiative. This
initiative continues departmental efforts directed by the
Committees on Appropriations in prior years based on
bipartisan, bicameral concerns about the inability of the
Department to provide timely reporting of border security and
immigration enforcement data.
office of partnership and engagement
A total of $13,373,000 is provided for the Office of
Partnership and Engagement.
The Blue Campaign, a department-wide initiative to combat
human trafficking, has historically been operated by
personnel detailed from components and funded through end-of-
year contributions from components, an approach that is not
appropriate for the program's long-term sustainment. The
Fiscal Year 2017 DHS Appropriations Act included direct
funding of $819,000 for the Blue Campaign to support
dedicated personnel, as requested, and to begin transitioning
the program away from reliance on component contributions.
Unfortunately, the fiscal year 2018 request proposed no
direct funding for the program. The fiscal year 2018 bill
again includes $819,000, the full level authorized under
Public Law 115-125, in continued direct funding for
personnel. DHS is directed to sustain the program at not less
than its total fiscal year 2016 level of $5,150,000 in fiscal
year 2018 using component contributions to cover non-
personnel program costs. DHS shall account for and propose
full, direct funding for the program in the justification
materials that accompany all future budget submissions, as
directed in the explanatory statement accompanying Public Law
115-31.
A directive is included under the heading for the Office of
the Secretary for DHS to brief the Committees on the status
of the ongoing DHS effort to review roles, responsibilities,
and the potential reorganization of headquarters elements,
which should include an assessment of the appropriate
organizational placement for the Blue Campaign.
The Department is directed to assess ways it can better
understand rural issues as they relate to the homeland
security mission and how rural communities are impacted by
the Department's decisions. Not later than 180 days after the
date of enactment of this Act, the Department shall brief the
Committees on this assessment, component best practices, and
the potential advantages of establishing a rural advocate
position at the department level.
office for civil rights and civil liberties
A total of $23,571,000 is provided for the Office for Civil
Rights and Civil Liberties (OCRCL). Funding provided above
the request is to accommodate the increased workload expected
in fiscal year 2018 resulting from new executive orders.
OCRCL shall maintain its independence as it continues to help
departmental components ensure their compliance with civil
rights and civil liberties laws and policies.
privacy office
A total of $8,464,000 is provided for the Privacy Office.
Funding above the request is to accommodate an increased
workload in fiscal year 2018 resulting from new immigration-
related executive orders, policies, and programs. Further,
the additional funds are available to ensure information and
data released by the Department does not reveal the identity
or personally identifiable information of non-citizens who
may be survivors of domestic violence, sexual assault,
stalking, human trafficking, or other crimes. The Privacy
Office must ensure the Department's actions do not violate
the Privacy Act, the Violence Against Women Act, or other
laws. The Privacy Office is directed to provide a briefing to
the Committees within 60 days of the date of enactment of
this Act on the measures the Department will take to ensure
all record systems properly restrict information related to
survivors of domestic violence, sexual assault, stalking,
human trafficking, and other crimes.
Management Directorate
operations and support
A total of $710,297,000 is provided for Operations and
Support. Within the total, $227,516,000 is available until
September 30, 2019, to include $36,368,000 for the Chief
Readiness Support Officer, $188,217,000 for the Chief
Information Officer (CIO), and $2,931,000 for headquarters
operations at the Nebraska Avenue Complex. Based on technical
assistance provided by the Department, a reduction of
$5,047,000 has been distributed
[[Page H2546]]
within the account to reflect more realistic hiring
projections for the remainder of the fiscal year.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support
Immediate Office of the Under $6,867,000 $6,770,000
Secretary for Management...........
Office of the Chief Readiness 70,900,000 71,105,000
Support Officer....................
Office of the Chief Human Capital 56,852,000 71,052,000
Officer............................
Office of the Chief Security Officer 74,963,000 74,963,000
Office of the Chief Procurement 102,615,000 102,615,000
Officer............................
Office of the Chief Financial 66,369,000 63,734,000
Officer............................
Office of the Chief Information 317,565,000 320,058,000
Officer............................
-----------------------------------------------------------------------
Subtotal, Operations and Support $696,131,000 $710,297,000
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management
A total of $6,770,000 is provided for the Immediate Office
of the Under Secretary for Management.
The Secretary is reminded that the explanatory statement
accompanying the Fiscal Year 2017 Homeland Security
Appropriations Act directed the Department to establish a
Public Complaint and Feedback System Working Group comprised
of representatives of DHS components with public-facing
operations. The purpose of the group should be to support the
sharing of best practices and, as appropriate, the
standardization of feedback mechanisms, processes, customer
service metrics, and reporting across the Department. The
working group was directed to:
1. Develop a DHS-wide ``as-is'' assessment of the various
public complaint and feedback intake and resolution processes
and systems currently in place, to include an evaluation of
the public's awareness of how to successfully provide
feedback to DHS, along with component-level policies,
practices, and capabilities for providing timely responses,
reporting results, and incorporating feedback into policy
development and training;
2. Research best practices for public feedback intake,
processing, resolution, and reporting, as well as for
improving public awareness of the process;
3. Identify gaps and redundancies within each component's
processes and systems;
4. Develop and disseminate guidance that communicates
requirements for component-level public complaint and
feedback intake and resolution systems, processes, and
reporting capabilities;
5. Establish processes for centrally compiling and
reporting component-level public complaint and feedback data
at the department level; and
6. Determine whether aspects of the overall DHS public
complaint and feedback process should be supported with
headquarters resources.
Not later than 90 days after the date of enactment of this
Act, the Department shall brief the Committees on the working
group's findings and progress, including a plan and schedule
for carrying out all of the activities described above. In
addition, the Department shall continue to report to the
Committees semiannually on the working group's progress until
each of the assigned tasks are complete.
Within the amount recommended for the Office of the Chief
Human Capital Officer (OCHCO) is $4,200,000 to continue the
Cybersecurity Internship Program. OCHCO is directed to ensure
that these funds are fully used for the intended purpose and
to update the Committees on the status of the program by
September 30, 2018. This update should include the number of
internship applications for the fiscal year 2018 cohort; the
number of internships offered and accepted; the rate of
acceptance; a description of the Department's efforts to
publicize the availability of these internship opportunities,
with a particular focus on outreach to underrepresented
populations; and options for improving such outreach.
The Under Secretary for Management (USM) is directed to
conduct a study on the feasibility of establishing an
initiative to employ Native American veterans within the
ranks of CBP, including the potential creation of a tribal-
specific branch of the Border Patrol. Specifically, the study
should evaluate how the hiring of Native American veterans
could leverage tribal authorities to complement CBP
authorities in support of the Border Patrol mission. In
conducting this study, the USM should solicit input from
tribes located along both the southern and northern borders.
The results of this study shall be submitted to the
Committees not later than 180 days after the date of
enactment of this Act.
office of the chief readiness support officer
A total of $71,105,000 is provided for the Office of the
Chief Readiness Support Officer.
Effectively tracking, managing, and maintaining tactical
communications assets requires appropriate governance
programs and infrastructure. In lieu of related House report
language, the Department shall brief the Committees not later
than 60 days after the date of enactment of this Act on plans
to modernize tactical communications and vehicles across the
Department, including those directly affecting the missions
of U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, and the United States Secret Service.
Within 180 days of the date of enactment of this Act, DHS
is directed to conduct a review of component fleet
utilization and to provide OIG with supporting documentation
on methods used for determining optimal fleet inventories and
justification for any deviation from GSA's Federal Property
Management Regulations.
office of the chief human capital officer
A total of $71,052,000 is provided for the Office of the
Chief Human Capital Officer, which includes an additional
$10,000,000 for the Cyber Statutory Authority Program.
office of the chief security officer
A total of $74,963,000 is provided for the Office of the
Chief Security Officer, to include an increase of $1,764,000
for Office of Personnel Management security clearance
investigations.
office of the chief procurement officer
A total of $102,615,000 is provided for the Office of the
Chief Procurement Officer including $2,493,000 for the DHS
Data Framework.
Based on required congressional notifications, it is
evident that departmental components enter into contracts
near the end of the third and fourth quarters of the fiscal
year at a much higher rate than at other times throughout the
year. The Department's continued practice of awarding a large
number of contracts late in the fiscal year remains
concerning, particularly for contracts related to OMB object
classes 25.1, 25.2, 25.3, and 26.
The Department has indicated that planned obligations by
object class described in the annual Budget Appendix may not
accurately predict actual spending during the budget year due
to variances between the budget request and enacted
appropriations. Planned and actual spending appear to vary
more than would be expected, however, if it were due only to
changes between requested and appropriated amounts, when
appropriations are enacted, or changes in planning
assumptions that emerge during execution.
Not later than 90 days after the date of enactment of this
Act, the Department shall provide to the Committees revised
spending plans for all Operations and Support accounts and
the Coast Guard Operating Expenses account for each of these
object classes, including planned contract obligations by
fiscal quarter, as part of the quarterly obligation plans.
For contracts in excess of $1,000,000, the plan should also
detail planned contract amounts, provide brief contract
requirement descriptions, describe whether the contract is
for a new requirement, and explain whether the contract will
meet bona fide requirements for the current or next fiscal
year. The Department will ensure the final obligation plan
report for fiscal year 2018 includes data on actual contract
awards and describes the factors behind any significant
variances between the revised spending plan and actual
contract awards.
Office of the Chief Financial Officer
A total of $63,734,000 is provided for the Office of the
Chief Financial Officer (OCFO).
In keeping with past practice, annual budget justifications
shall include the text and citation of all Department
appropriations provisions enacted to date that are permanent
law.
While the new Common Appropriations Structure provides
additional financial flexibility, DHS shall continue to
aggressively institute financial management policies and
procedures, particularly as they relate to budget
formulation.
In lieu of related House report guidance, the OCFO shall
provide a briefing to the Committees on recommended periods
of availability and PPA structures for DHS and component
appropriations accounts within 45 days of the date of
enactment of this Act.
Office of the Chief Information Officer
A total of $320,058,000 is provided for the Office of the
Chief Information Officer (OCIO).
The OCIO is to be commended for its leadership in data
center consolidation, which is enhancing the effectiveness,
efficiency, and security of the DHS IT enterprise. The OCIO
is further commended for its efforts to collaborate with the
National Aeronautics and Space Administration to gain
efficiencies by establishing IT operations centers at Data
Center 1 and by encouraging other federal partners to co-
locate at DHS data centers. The OCIO shall provide semiannual
briefings on the execution of its major initiatives and
investment areas, with the first such briefing to occur not
later than 90 days after the date of enactment of this Act.
These briefings shall include details regarding cost,
schedule, and the transfer of systems to or from DHS data
centers or external hosts.
[[Page H2547]]
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $29,569,000 is provided for the Management
Directorate for Procurement, Construction, and Improvements.
RESEARCH AND DEVELOPMENT
A total of $2,545,000 is provided for the Management
Directorate for Research and Development.
Intelligence, Analysis, and Operations Coordination
OPERATIONS AND SUPPORT
A total of $245,905,000 is provided for Intelligence,
Analysis, and Operations Coordination, of which $77,915,000
is available until September 30, 2019.
The Department should continue increasing deployed field
personnel at State and Major Urban Area Fusion Centers that
provide outreach to critical infrastructure owners and
operators in addition to leveraging relationships with state,
local, tribal, and territorial stakeholders, state National
Guard units, and other federal partners in support of the
production of finished intelligence and raw intelligence
reports. The Office of Intelligence and Analysis (I&A) shall
continue to provide semiannual briefings to the Committees on
the State and Local Fusion Centers program.
I&A shall include in future year budget requests for the
classified budget the same level of detail required of other
appropriations and PPAs.
The Department's Chief Intelligence Officer is directed to
brief the Committees on the I&A expenditure plan for fiscal
year 2018 within 60 days after the date of enactment of this
Act. The plan shall include the following:
Details on actual and planned fiscal year 2018
expenditures and staffing allocations for each program as
compared to fiscal years 2016 and 2017;
Data on all funded versus on-board positions,
including federal FTE, contractors, and reimbursable and non-
reimbursable detailees;
A plan for all programs and investments,
including dates or timeframes for achieving key milestones;
The actual and planned allocation of funding
within each PPA for individual programs and a description of
the desired outcomes for fiscal year 2018; and
Similar information on items outlined in the
classified annex accompanying this report.
Office of Inspector General
OPERATIONS AND SUPPORT
A total of $168,000,000 is provided for the OIG. When
combined with funding provided by recent disaster
supplemental appropriations bills, a total of $203,000,000
will have been provided during fiscal year 2018 for the OIG.
The agreement includes $1,289,000, as requested, for advanced
analytical capabilities required to carry out complex
investigations into increasingly sophisticated acquisition
fraud.
Of the amounts provided as emergency supplemental
appropriations in Public Law 115-123, the OIG is expected to
obligate not less than $7,000,000 during fiscal year 2018 for
disaster-related investigations and audits. Of the amounts
provided by this Act, the OIG is directed to allocate not
less than $17,000,000 for disaster-related investigations and
audits. The OIG is expected to include in future budget
requests information that breaks down proposed expenditures
by focus area and activity type.
The OIG shall continue its program of unannounced
inspections of immigration detention facilities and publish
the results of the inspections and other reports related to
custody operations activities on its public website.
The OIG is responsible for conducting annual audits of DHS
fleet management practices and shall make the results for
non-law enforcement sensitive components publicly available.
TITLE I--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 101. The bill continues and modifies a provision
requiring the Secretary to submit the Future Years Homeland
Security Program at the time of the budget submission for
each fiscal year.
Section 102. The bill continues a provision requiring the
Chief Financial Officer to submit monthly budget execution
and staffing reports within 30 days after the last day of
each month.
Section 103. The bill continues a provision requiring the
Inspector General to review grants and contracts awarded by
means other than full and open competition and report the
results to the Committees.
Section 104. The bill continues a provision directing the
Secretary to require contracts providing award fees to link
such fees to successful acquisition outcomes.
Section 105. The bill continues a provision requiring the
Secretary, in conjunction with the Secretary of the Treasury,
to notify the Committees of any proposed transfers from the
Department of Treasury Forfeiture Fund to any agency at DHS.
No funds may be obligated prior to such notification.
Section 106. The bill continues and modifies a provision
related to the official travel costs of the Secretary and
Deputy Secretary.
Section 107. The bill continues and modifies a provision
requiring the Secretary to submit a report on visa overstay
data and to post border security metrics on the Department's
website.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
A total of $11,485,164,000 is provided for Operations and
Support, of which $681,441,500 is made available until
September 30, 2019, to provide flexibility in the year of
execution. This amount includes increases above the request
for the following: $10,000,000 for recruitment and retention
efforts; $10,000,000 for small Unmanned Aerial Systems (UAS);
$10,000,000 for Border Patrol relocation incentives;
$3,000,000 for electronic geospatial information systems;
$20,000,000 for Border Patrol vehicles; $30,500,000 for
opioid detection; $7,655,000 for 328 new CBP officers;
$23,000,000 for Port of Entry Technology and Facilities; and
$15,000,000 for UAS upgrades.
The amount includes a reduction below the request of
$204,352,000 for salaries and expenses based on technical
assistance provided by CBP in March of 2018 indicating that
final 2018 payroll costs would fall short of those included
in the request. These savings are redirected within CBP to
enhance CBP-wide retention and recruitment activities as well
as other operational requirements.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support:
Border Security Operations:
U.S. Border Patrol:
Operations........................................ $3,787,694,000 $3,706,547,000
Assets and Support................................ 670,895,000 625,151,000
Office of Training and Development.................... 77,512,000 64,145,000
-------------------------------------------------
Subtotal, Border Security Operations.......... $4,536,101,000 $4,395,843,000
Trade and Travel Operations:
Office of Field Operations:
Domestic Operations........................... 2,681,171,000 2,818,122,000
International Operations...................... 142,272,000 130,270,000
Targeting Operations.......................... 236,572,000 211,797,000
Assets and Support............................ 840,315,000 870,657,000
Office of Trade....................................... 263,301,000 234,201,000
Office of Training and Development.................... 47,186,000 49,195,000
-------------------------------------------------
Subtotal, Trade and Travel Operations......... $4,210,817,000 $4,314,242,000
Integrated Operations:
Air and Marine Operations:
Operations........................................ 311,136,000 291,479,000
Assets and Support................................ 520,046,000 535,046,000
Air and Marine Operations Center.................. 46,183,000 38,149,000
Office of International Affairs....................... 39,784,000 35,176,000
Office of Intelligence................................ 50,984,000 53,794,000
Office of Training and Development.................... 6,534,000 6,110,000
Operations Support.................................... 103,571,000 106,225,000
-------------------------------------------------
Subtotal, Integrated Operations............... $1,078,238,000 $1,065,979,000
Mission Support:
Enterprise Services................................... 1,460,254,000 1,426,209,000
(Harbor Maintenance Trust Fund)................... (3,274,000) (3,274,000)
Office of Professional Responsibility................. 204,679,000 182,131,000
Executive Leadership and Oversight.................... 102,252,000 100,760,000
-------------------------------------------------
Subtotal, Mission Support..................... $1,767,185,000 $1,709,100,000
-------------------------------------------------
Subtotal, Operations and Support.............. $11,592,341,000 $11,485,164,000
----------------------------------------------------------------------------------------------------------------
[[Page H2548]]
Within 90 days of the date of enactment of this Act, CBP is
directed to brief the Committees on a comprehensive, multi-
year recruitment and retention strategy that includes: an
analysis of the screening process for prospective staff,
including polygraph examinations; current and planned hiring
and retention initiatives executed by both federal and
contract staff; options to address pay parity relative to
other components and other federal law enforcement agencies;
the potential use of special pays to improve retention; the
use of incentives available through the Office of Personnel
Management to recruit, relocate, and retain employees
assigned to remote locations; and potential new career path
enhancements for personnel who choose such locations. CBP is
encouraged to work with community, local, and tribal colleges
to assist with recruitment efforts. In addition, CBP should
continue collaborating with the Department of Defense, as
required by the Border Jobs for Veterans Act (Public Law 114-
68), to facilitate the recruitment of personnel exiting the
military.
While the staffing requirement for Office of Field
Operations (OFO) CBP officers is well understood, CBP has not
yet finalized a staffing model to inform the hiring of either
Border Patrol agents or Air and Marine Operations (AMO)
personnel. The budget request for new Border Patrol agents,
in particular, was not supported by any analysis of workload
and capability gaps across CBP that would be necessary to
evaluate the benefits of the proposal as compared to other
investments at CBP, such as hiring additional CBP officers at
the ports of entry (POEs). CBP is directed to brief the
Committees quarterly on its progress toward developing a
comprehensive assessment of CBP-wide capability gaps, with
the first briefing due not later than 60 days after the date
of enactment of this Act.
Not later than 30 days after the end of each month, CBP
shall post on its website a combined table of currency and
major categories of drugs, including fentanyl, interdicted by
OFO and the Border Patrol, including a separate accounting of
Border Patrol drug interdictions at checkpoints. Reported
quantities should be expressed using the same unit of
measurement.
Prior to the completion of a Border Patrol staffing model
that can allocate agents based on risk, the Border Patrol is
directed to maintain not less than its previously determined
minimal staffing presence of 2,212 agents along the northern
border. CBP shall also take into special consideration
directing a significant proportion of any overall increase in
CBP officer positions funded in this Act to understaffed POEs
in remote and rural locations.
As part of its personnel recruitment and retention efforts
for hard-to-fill locations, CBP is directed to conduct a
feasibility study on opportunities to help make high-speed
Internet service options available at CBP-owned residential
properties where they are currently limited or lacking. CBP
shall prioritize particularly remote locations along the
northern and southern borders for this effort and include in
its analysis locations where high-speed Internet options are
currently available, could potentially be made available
through partnerships with nearby service providers, and where
there are currently no nearby high-speed Internet providers.
CBP shall consult with residents and their families
throughout the course of the study and update the Committees
on options for increasing the availability of services. Up to
$500,000 is made available in this Act to carry out the
study.
CBP is directed to evaluate the charters, reporting
structures, and standard operating procedures for the Border
Patrol, OFO, and AMO and institute any changes necessary to
ensure that CBP components are efficiently coordinating and
that personnel and assets are deployed as efficiently and
effectively as possible to combat cross-border threats. CBP
shall brief the Committees on the results of this evaluation
within 90 days of the date of enactment of this Act and
quarterly thereafter.
In line with GAO's recommendations included in GAO-17-765T,
CBP is directed to develop robust performance metrics for all
deployed border security technologies; begin the collection
of performance data to evaluate the individual and collective
contributions of specific technologies; assess progress in
fully deploying planned technologies; and determine when
mission benefits from such deployments have been fully
realized.
CBP is directed to work with counties along the U.S.-Mexico
border to identify unimproved county roads that are
predominately used by the Border Patrol and that provide
critical access to the border region for the purpose of
maintaining security. CBP is urged to incorporate the
maintenance and repair of the identified high-priority access
roads into its Tactical Infrastructure Maintenance and Repair
program.
In lieu of direction in the House report, CBP shall provide
a briefing on border security operations and technology
operations and procurement, including but not limited to the
following:
1. The results of the ongoing demonstration efforts and
planned procurements for small unmanned aerial systems (UAS);
2. A review of fiber-optic technologies, to include the
feasibility and potential benefits of incorporating them into
border security systems;
3. An update on carrizo cane control efforts, as described
in the House report;
4. Details of search and rescue efforts during fiscal year
2017, as described in the House report; and
5. The status of the field test and recapitalization plan
for the Tethered Aerostat Radar System.
Border Security Operations
The total includes $4,395,843,000 for Border Security
Operations. This amount includes increases above the request
for the following: $20,000,000 for vehicles; $3,000,000 for
the electronic geospatial information system, as detailed in
the House report; and $10,000,000 above the request for small
UAS. Despite significant investments in hiring, retention and
recruitment strategies, CBP estimates that the Border Patrol
will lose more agents than will be gained in fiscal year
2018, and these reduced payroll costs are reflected in the
bill.
Trade and Travel Operations
The total includes $4,314,242,000 for Trade and Travel
Operations. This amount includes $7,655,000 for 328 new CBP
officers, reflecting the partial year costs of anticipated
new CBP officers, $23,000,000 for POE technology and
facilities, and $30,500,000 for opioid detection equipment
and labs. The recommendation does not include the proposal to
redirect fee revenue that currently supports the Brand USA
program to CBP for its trade and travel activities; this
proposal requires legal authorization that is not under the
jurisdiction of the Committees.
Recent public dialogue on border security has focused on
the flow of undocumented aliens and illicit drugs across the
southern border of the United States between the POEs. As
borne out by DHS data on the illicit movement of people and
goods, however, border security investments must also be made
at the POEs, where between 80 and 90 percent of hard drugs
are interdicted. As compared to fiscal year 2016, seizures of
hard narcotics in fiscal year 2017--including cocaine,
methamphetamine, and fentanyl--have risen over 10 percent,
with the seizure of fentanyl more than doubling at the
POEs.--In addition, the growth of illegal online
marketplaces, notably those on the ``dark web,'' make higher
potency narcotics increasingly accessible to American
consumers.
CBP is working to address this growing threat at its
International Mail Facilities through the use of canines
trained to detect opioids, the deployment of new non-
intrusive inspection technologies, improved information
sharing, and additional personnel, but--more work and
investments are needed. In addition, the Department must
better articulate the role and plans for expansion of the
National Targeting Center (NTC), including how it will
coordinate with and complement the work of the recently-
announced National Vetting Center.
It is the role of the Committees to ensure that DHS
comprehensively evaluates vulnerabilities at POEs; formulates
strategic, risk-based goals to address those vulnerabilities;
and makes investments accordingly. Within 180 days of the
date of enactment of this Act, CBP is directed to produce a
multi-year strategic plan for mitigating vulnerabilities and
filling capability gaps at POEs while improving the flow of
commerce. The plan shall include clear goals and metrics, an
implementation schedule, and cost estimates. More
specifically, the plan shall address the following:
(1) Measuring Border Security at the Ports of Entry:--
Headquarters-driven definitions and metrics to measure
success at POEs developed through a capability gap analysis
process approved by the Executive Assistant Commissioner of
OFO and informed by the Field Operations Directors.
(2) Focus Areas: A scope reflecting the full breadth of
agency authorities and responsibilities at the POEs,
including at a minimum the programs identified in the Fiscal
Year 2017 Border Security Improvement Plan, along with the
following:
a. A counternarcotics strategy, to include e-commerce
threats;
b. A counter-network strategy;
c. The biometric entry-exit system;
d. Trade and travel facilitative programs, including the
Automated Commercial Environment;
e. Agricultural inspection programs; and
f. Trusted traveler programs at air, sea, and land POEs.
(3) Associated Requirements: Accompanying requirements
through fiscal year 2022, including:
a. Life cycle cost estimates for all technology equipment
categories, including procurement quantities and costs, and
operations and maintenance costs; and
b. Any new legal authorities necessary for implementing the
plan.
Any analysis to assess and improve hiring practices and
procedures should reflect and meet the needs of large U.S.
international airports with high numbers of international
tourist enplanements that do not share a contiguous land
border with Mexico or Canada. Any resulting staffing
decisions must be transparent and impartial.
CBP shall brief the Committees within 120 days of the date
of enactment of this Act on how it allocates personnel
between passenger and cargo inspection functions at maritime
ports and on proposed solutions for addressing persistent
staff shortages that lead to increased annual costs for such
ports and affiliated local governments.
CBP's fee-for-service regime was originally meant to
facilitate international passengers who depart or arrive from
small airports.--In some instances, however, fee-for-service
has
[[Page H2549]]
been used for many years by some medium-sized airports that
have a consistently large volume of international passengers,
despite failed attempts to receive POE designation.--This
situation is of particular concern because these airports'
passengers are essentially charged twice for the same
service--once through federal fees paid when their airline
tickets are purchased, and again through the CBP fee-for-
service costs that are charged directly to airports and
inevitably passed on to passengers. To determine whether a
fee-for-service airport can be designated as a POE, CBP
relies on a series of Treasury Directives promulgated decades
ago when the then-U.S. Customs Service was part of the
Treasury Department.--CBP is urged to address this issue by
giving priority consideration to an application for POE
status submitted by any commercial airport if such airport
served at least 90,000 international passengers, not
including those arriving through a preclearance location,
during the previous calendar year.
The agreement directs CBP to consider modifying relevant
policies and operations regarding small airport inspection
services at general aviation facilities currently used by CBP
for intermittent international clearance operations, and to
work creatively with airports, including Green Bay-Austin
Straubel International Airport, to facilitate international
service in a manner consistent with CBP security and resource
requirements and informed by these airports' fiscal
constraints and existing facilities.
The fiscal year 2013 CBP Resource Optimization Report
estimated that the deployment of automated scheduling and
timekeeping solutions by OFO could return 158 CBP Officers
and Agricultural Specialists to their frontline inspection
and law enforcement duties. CBP shall evaluate commercially-
available automated scheduling tools, brief the Committees on
the results of the evaluation within 90 days of the date of
enactment of this Act, and deploy such solutions if it is
determined that their benefits outweigh their costs.
CBP is directed to consult with affected community members,
industry representatives, and elected officials at all levels
prior to making permanent changes to hours of service at POEs
and to notify the Committees at least 30 days in advance of
such changes.
CBP and the Food and Drug Administration (FDA) continue to
collaborate through the Commercial Targeting and Analysis
Center to enhance shrimp-related targeting and inspection
processes to ensure that shrimp imported to the United States
are safe. Senate Report 114-264 directed CBP to carry out a
shrimp safety pilot project, which is expected to suggest
additional opportunities for enhanced CBP and FDA
coordination to improve imported shrimp safety. CBP is
directed to brief the Committees semiannually on these
activities.
CBP shall continue timely tracking and reporting on Jones
Act waivers and violations, notifying the Committees within
two days of waiver requests and on the disposition of each
waiver request and making this information available to the
public on a quarterly basis.
Firearms and illicit monetary instruments continue to be
smuggled from the U.S. into Mexico, fueling transnational
criminal organization activities, including drug trafficking
and violent crime. CBP shall continue to collaborate with
domestic and international partners to identify and apprehend
smugglers of firearms and undeclared monetary instruments
greater than $10,000, and shall report to Congress on any
additional authorities or resources needed to stymie the
flow.
CBP is directed to continue working with Great Lakes
seaports, cruise vessel operators, and other Great Lakes
Cruise Program stakeholders to develop a cruise passenger
clearance plan for 2018 and thereafter. CBP shall continue
using mobile onboard passenger clearance technology until
such time as that plan has been implemented, and shall
provide the Committees with a briefing, not later than 90
days after the date of enactment of this Act, detailing its
stakeholder engagement efforts and outlining its plan and
schedule for resolving this issue.
CBP is directed to develop a succession plan to ensure that
at least one person of appropriate rank is located in each
state at all times to enforce customs, immigration, and
agricultural laws and regulations at U.S. POEs. If CBP
determines that it is not practicable to meet this
requirement, CBP shall notify the Committees in writing not
later than 60 days before any staffing decision is finalized.
Such notifications shall include a fulsome explanation of why
the change is needed, an estimate of the number of passengers
and amount of goods that would be diverted elsewhere during a
lapse, and the resultant economic impact on the state.
The total includes $10,000,000 for the Commercial
Technology Innovation Program, through which new commercial
technologies that may significantly improve POE operations
are deployed along southwest border POEs. CBP is directed to
brief the Committees on the performance of this program and
any related pilots or initiatives not later than 90 days
after the date of enactment of this Act.
CBP is encouraged to continue to work with the General
Services Administration and OMB on the annual five-year land
border POE construction plan, which should include plans to
complete modernization of POEs along the northern border
built prior to 1980, and provide the plan to the Committees
upon its completion. In developing this plan, specific
attention shall be paid to the health, safety, and welfare
needs of CBP officers. CBP is also encouraged to increase
awareness and use of the NEXUS program along the Canadian
border, including through special enrollment events and the
use of collaborative signage in cooperation with state
transportation agencies. The five-year construction plan
should also anticipate and reflect increased traffic that
will result from higher rates of NEXUS participation.
The bill authorizes the obligation of funds for
preclearance activities, including obligations in advance of
reimbursement, as authorized by the Trade Facilitation and
Trade Enforcement Act of 2015 (TFTEA). With Canada's adoption
of companion legislation, CBP is expected to begin
negotiation with the Canada Border Services Agency (CBSA) on
expanding preclearance activities in Canada.
The Department is directed to prioritize implementation of
expanded preclearance operations between the U.S. and Canada
for land, marine, rail, and air entries, as outlined in the
``Beyond the Border Action Plan.'' CBP shall collaborate
closely with CBSA to ensure that plans for preclearance
operations at Billy Bishop Toronto City Airport, Quebec City
Jean Lesage International Airport, Montreal rail, and Rocky
Mountaineer rail proceed with an understanding that
operations must meet all terms and conditions of the
agreement. CBP should continue to routinely reassess the
security benefits of both existing and prospective
preclearance agreements.
CBP is encouraged to continue prioritizing efforts to
improve the accuracy and effectiveness of automated cargo
processing for tractor trailers, including the proof-of-
concept pilot at the World Trade Bridge Port of Entry in
Laredo, Texas. Not later than 120 days after the date of
enactment of this Act, CBP is directed to provide a report to
the Committees on these efforts, including activities planned
for fiscal year 2018 and the subsequent four fiscal years.
As license plate reader technology used to analyze
vehicular traffic crossing land borders nears the end of its
useful life, CBP should continue to improve land border
integration by deploying the latest, most effective vehicle
monitoring technologies.
A total of $211,797,000 is provided for Targeting
Operations. CBP's pre-arrival targeting capabilities have
expanded rapidly, with base resources dedicated to these
activities growing from $51,950,000 in fiscal year 2013 to
more than $128,000,000 in fiscal year 2017. While the
expansion of analytical capabilities at the NTC has been
swift, the proliferation of new tools and corresponding
contracts has shifted focus away from traditional trade,
customs, and immigration law enforcement targeting
activities. CBP should analyze and measure the benefits of
current activities and enhancements to improve targeting
against investments elsewhere within the agency and the
Department. CBP shall brief the Committees within 90 days of
the date of enactment of this Act on current and proposed
targeting metrics and milestones, impacts on frontline
staffing requirements, and the proposed end state for these
activities.
The total includes $234,201,000 for the Office of Trade.
This amount includes $8,943,000 for additional staff and core
trade mission enhancements, including improved data analysis
and visualization capabilities to improve CBP's effectiveness
within the global supply chain while also addressing mandates
of TFTEA in a timely manner. CBP shall continue reporting on
its trade enforcement activities, as detailed in Senate
Report 114-264, shall post as much detail from the report as
is reasonable on its public website, and shall include
details on the implementation of Executive Order 13785,
Establishing Enhanced Collection and Enforcement of
Antidumping and Countervailing Duties and Violations of Trade
and Customs Laws.
TFTEA made changes to the treatment of drawbacks, through
which duties, taxes, and fees on certain imported merchandise
can be refunded when the merchandise is subsequently exported
or destroyed, or when substitute merchandise is exported in
its place. Among those changes, certain U.S.-produced
alcoholic beverages and paper products, as described in
Senate Report 114-264, became eligible for substitution as
exports for unused merchandise drawback claims. CBP is
directed to consult with the Alcohol and Tobacco Tax and
Trade Bureau (TTB) and to clarify the requirements for
recovering duties, taxes, and fees imposed under federal law
(with emphasis on federal excise taxes) on imported alcohol
products when alcohol produced in the United States and
classified under the same eight or ten digit subheading of
the Harmonized Tariff Schedule of the United States is
exported as a substitute. This clarification should describe
how CBP treats alcoholic beverages used as substitute
merchandise for the drawback of federal excise taxes on
unused merchandise when exported from TTB bonded facilities,
where federal excise taxes have not been collected.
Integrated Operations
The total includes $1,065,979,000 for Integrated
Operations, to include increases above the request of
$15,000,000 for UAS upgrades and $3,000,000 for special pays
for recruitment and retention of AMO personnel.
Due to the consolidated requirements and extended
deployment and implementation schedule associated with the
Spectrum Efficient National Surveillance Radar (SENSR)
[[Page H2550]]
Program, low-flying aircraft detection coverage gaps along
the northern border remain a national security threat. Within
180 days after the date of enactment of this Act, AMO is
directed to provide the Committees with short-term deployment
plans for low-flying aircraft detection along the northern
border. These plans shall incorporate the anticipated
implementation schedule for the SENSR program and acquisition
and deployment schedules for interim technology or asset use.
CBP shall continue to evaluate the potential for using
commercial service providers to provide pilots for UAS. In
addition, CBP is directed to work with the Federal Aviation
Administration to evaluate the feasibility and benefits of
cross-certifying pilots to fly both manned aircraft and UAS.
In order to upgrade CBP's UAS fleet to a single
configuration, $15,000,000 is included above the request that
shall be used only to perform configuration upgrades. Within
60 days of the date of enactment of this Act, CBP is directed
to brief the Committees on the results of its evaluation of
whether additional UAS flight hours are necessary to support
border security operations.
Mission Support
The total includes $1,709,100,000 for Mission Support. This
amount includes $10,000,000 above the request for recruitment
and retention efforts.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $2,281,357,000 is provided for Procurement,
Construction, and Improvements. This amount includes the
following: $445,000,000 for 25 miles of primary pedestrian
levee fencing in Rio Grande Valley Sector, Texas;
$196,000,000 for primary pedestrian fencing in Rio Grande
Valley Sector, Texas; $251,000,000 for approximately 14 miles
of secondary replacement barrier in San Diego Sector,
California; $445,000,000 for replacement of existing primary
pedestrian fencing; $38,000,000 for border barrier planning
and design; $10,000,000 for innovative towers; $39,238,000
for Integrated Fixed Towers; $41,955,000 for cross border
tunnel threat; $3,000,000 for nationwide situational
awareness on handheld devices; $87,193,000 for Remote Video
Surveillance Systems; $16,000,000 for agent portable
surveillance systems; $16,000,000 for linear ground detection
systems; $10,000,000 for small UAS; $46,838,000 for Mobile
Video Surveillance Systems; $7,000,000 for Northern Border
RVSS; $9,000,000 for maritime detection projects on the
Northern Border; $49,738,000 for road construction,
$20,000,000 for unattended ground sensors; $2,739,000 for
tactical aerostats; $8,000,000 for Mobile Surveillance
Capability; $34,000,000 for the Automated Commercial
Environment; $224,640,000 for opioid detection and non-
intrusive inspection equipment; $74,121,000 for additional
light enforcement helicopters; $8,573,000 for coastal
interceptors; $3,300,000 for FAA Next Generation
capabilities; $77,530,000 for multi-role enforcement
aircraft; $14,034,000 for a UH-60 medium lift helicopter;
$13,250,000 for tactical communications; $1,200,000 for DOD-
reuse; $45,000,000 for a new Border Patrol Station;
$14,775,000 for OFO facilities; and $16,433,000 for revenue
modernization.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Procurement, Construction, and Improvements:
Border Security Assets and Infrastructure................. $1,715,163,000 $1,741,701,000
Trade and Travel Assets and Infrastructure................ 109,240,000 263,640,000
Integrated Operations Assets and Infrastructure:
Airframes and Sensors................................. 137,335,000 190,035,000
Watercraft............................................ 3,573,000 8,573,000
Other Systems and Assets.............................. 12,200,000 1,200,000
Construction and Facility Improvements.................... 59,775,000 59,775,000
Mission Support Assets and Infrastructure................. 26,433,000 16,433,000
-------------------------------------------------
Subtotal, Procurement, Construction, and $2,063,719,000 $2,281,357,000
Improvements.....................................
----------------------------------------------------------------------------------------------------------------
CBP is directed to work with federal and industry partners
to evaluate the potential use of commercially developed,
space-based technologies to provide persistent, real-time
border surveillance and to brief the Committees on its
findings within 120 days of the date of enactment of this
Act.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
A total of $6,993,975,000 is provided for Operations and
Support, of which $20,000,000 is made available until
September 30, 2019, in support of activities authorized under
18 U.S.C. 2510-2522, and of which $13,700,000 is made
available until September 30, 2019, in support of the Visa
Security Program and investigations abroad. The total
includes $10,596,000 to support the hiring of 65 additional
investigative agents. Additionally, $4,959,000 is provided
for attorneys and associated staff to support the Homeland
Security Investigations Law Division.
Funding is provided within this account to continue
digitizing paper-based fingerprint records related to ICE's
immigration fraud investigation mission. Within 90 days of
the date of enactment of this Act, ICE shall brief the
Committees on plans for this work, as well as the status of
efforts to identify and refer to DOJ the individuals
identified in Office of Inspector General Report OIG-16-130
titled ``Potentially Ineligible Individuals Have Been Granted
U.S. Citizenship Because of Incomplete Fingerprint Records.''
ICE shall clearly articulate the total funding levels
requested for vehicles and tactical communications equipment
in future budget requests and shall brief the Committees
within 60 days of the date of enactment of this Act on its
recapitalization plans for these items. The briefing shall
include an evaluation of a software solution to increase
operational accountability and efficiency of communication
systems and shall address recommendations in Office of
Inspector General Report OIG-13-113 titled ``DHS Needs to
Manage its Communications Program Better.''
ICE shall continue to reflect service-wide costs (SWC) in
existing Mission Support sub-PPAs or through one or more new
SWC sub-PPAs within the Mission Support PPA in all future
budget requests, and shall provide separate budget estimates
and detailed justifications for all SWC.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support:
Homeland Security Investigations:
Domestic Investigations............................... $1,798,095,000 $1,898,542,000
International Investigations.......................... 140,873,000 169,178,000
Intelligence.......................................... 79,905,000 85,042,000
-------------------------------------------------
Subtotal, Homeland Security Investigations........ $2,018,873,000 $2,152,762,000
Enforcement and Removal Operations:
Custody Operations.................................... 3,601,472,000 3,075,686,000
Fugitive Operations................................... 184,668,000 158,805,000
Criminal Alien Program................................ 412,080,000 319,440,000
Alternatives to Detention............................. 177,700,000 187,205,000
Transportation and Removal Program.................... 484,894,000 369,201,000
-------------------------------------------------
Subtotal, Enforcement and Removal Operations...... $4,860,814,000 $4,110,337,000
Mission Support........................................... 350,391,000 458,558,000
Office of Principal Legal Advisor......................... 282,485,000 272,318,000
-------------------------------------------------
Subtotal, Operations and Support.................. $7,512,563,000 $6,993,975,000
----------------------------------------------------------------------------------------------------------------
Homeland Security Investigations
Domestic Investigations. A total of $1,898,542,000 is
provided for Domestic Investigations. ICE is directed to
sustain enhancements provided in the fiscal year 2017
appropriations Act for programs and activities of
congressional interest as directed in the explanatory
statement accompanying Public Law 115-31.
Funding is provided within the total to sustain fiscal year
2017 enhancements to the Child Exploitation Investigations
Unit at the Cyber Crimes Center, along with an additional
enhancement of not less than $5,000,000. Funding is also
provided to sustain fiscal year 2017 enhancements to the
Angel Watch Center and continued implementation of
International Megan's Law, along with an additional
enhancement of not less than $5,000,000. ICE is directed to
brief the Committees on a plan for the expenditure of these
funds not later than 60 days after the date of enactment of
this Act.
The total includes $2,000,000 for Homeland Security
Investigations (HSI) to establish a pilot program to hire and
train up to 10 Computer Forensics Analysts (CFAs) to support
the Human Exploitation Rescue Operative
[[Page H2551]]
(HERO) Corps' work on the above investigations. ICE is
directed to report to the Committees not later than 180 days
after the date of enactment of this Act on the development,
implementation, planned milestones, funding, and staffing
requirements for fiscal years 2018 and 2019 for this pilot.
The report shall also address this pilot's potential for
expansion to principal HSI domestic offices to support
investigations related to child exploitation, opioid and
fentanyl smuggling, and other cybercrimes.
ICE is directed to provide a briefing on options for
establishing paid HERO apprenticeships not later than 30 days
after the date of enactment of this Act. ICE should continue
to train at least two classes of HEROs annually and should
employ HERO graduates at ICE or help place them with other
agencies or organizations with related missions, as
appropriate.
The total includes not less than $305,000 for promoting
public awareness of the child pornography tip line and not
less than $15,770,000 for investigations of forced labor law
violations, to include forced child labor. ICE is directed to
continue to submit an annual report on expenditures and
performance metrics associated with forced labor law
enforcement activities.
ICE is directed to continue prioritizing efforts to
investigate, remove, and prosecute individuals who have
committed human rights abuses, including persecution,
genocide, severe violations of religious freedom, torture,
extrajudicial killing, use or recruitment of child soldiers,
crimes against humanity, or war crimes.
ICE's Tactical Intelligence Center (TIC) plays an important
role in combating the illicit movement of people and goods
into the United States through the Gulf of Mexico and has a
particular focus on maritime drug smuggling and transnational
criminal networks. The Department is directed to evaluate
whether it could better leverage the activities of other DHS
components and other federal and non-federal entities in the
region with related missions through the establishment of a
Regional Intelligence Integration Center more broadly focused
on the collection, analysis, and coordination of intelligence
related to ICE's Gulf Coast enforcement mission.
International Investigations. The total includes
$169,178,000 for International Investigations, including
$1,286,000 for five HSI agents. This amount includes an
increase above the request of $18,000,000 to annualize the
costs of prior-year expansions to the Visa Security Program
(VSP) and to expand the program to new high priority
locations. ICE shall continue to expand the VSP where
operationally feasible at high-threat posts abroad and shall
ensure that support for this sustained level of operations
and growth is included in annual budget requests.
ICE shall allocate not less than $5,300,000 for war crime
investigations, including but not limited to training,
transportation, and hiring of additional personnel at the
Office of the Principal Legal Advisor Human Rights Law
Section and the HSI Human Rights Violators and War Crimes
Unit.
The report on the use of International Mobile Subscriber
Identity (IMSI) catchers mandated in Senate Report 114-264
was received December 28, 2017. While it addressed the use of
IMSI catchers and similar technologies in general terms, it
lacked the specificity directed in the reporting requirement.
ICE is directed to provide specific details for each of the
cases referenced in the report in which IMSI catchers and
related technologies were used by ICE to apprehend an
individual, and providing brief descriptions for each of the
times IMSI catchers and related technologies were used to
gather evidence relevant to a case against an apprehended
individual. These details and descriptions should only
provide information about the purpose or cause of the
individuals' apprehension and how IMSI catchers were used. In
no case should these descriptions contain personally
identifiable information.
Enforcement and Removal Operations
The total includes $4,110,337,000 for Enforcement and
Removal Operations (ERO).
Between October 1, 2017, and the date of enactment of this
Act, when the Department was operating under the terms of a
continuing resolution (CR), ICE exceeded its annualized rate
of funding for Custody Operations. During the period of any
future CR, including any CR for fiscal year 2019, ICE is
directed to manage its resources in a way that ensures it
will not exceed the annualized rate of funding for the fiscal
year. ICE is directed to update the Committees weekly on its
rate of operations for Custody Operations to demonstrate how
the agency is living within its means.
ICE officials have stated publicly that enforcement actions
at sensitive locations--identified as schools, healthcare
facilities, places of worship, religious or civil ceremonies
or observances, and public demonstrations--should generally
be avoided, and its policy requires either prior approval
from an appropriate supervisory official or exigent
circumstances necessitating immediate action. ICE is expected
to continue to follow this policy and to work with state and
local law enforcement officials to ensure that ICE
administrative law enforcement activities do not affect the
willingness of victims to report crimes, and to otherwise
minimize any other interference with the investigation or
prosecution of crimes at the state and local levels.
Within 90 days of the date of enactment of this Act, and
monthly thereafter, the Director of ICE shall submit to the
Committees a Secure Communities report, as described in House
Report 115-239, and make the information publicly available
on its website.
The agreement provides not less than $34,500,000, as
requested, to support the authorized level of 257 full-time
law enforcement specialists and officers at the Law
Enforcement Support Center (LESC). ICE is directed to take
steps to ensure that current LESC operations remain
centralized at the current facility and are not unnecessarily
duplicated in other parts of the country. ICE shall provide
the Committees with a detailed spending plan for the use of
LESC funds, including operations and staffing, not later than
60 days after the date of enactment of this Act. The
Department is also directed to notify the Committees prior to
the reallocation of any resources currently intended for LESC
operations in Vermont; it is expected that no such
reallocation will be made without Committee concurrence.
ICE is directed to ensure that the LESC has the resources
and approvals necessary to fully utilize its recruitment
incentives program and to include details about this program
in the annual spending plan required in the above paragraph.
The LESC is encouraged to utilize hiring campaigns and other
outreach activities, including coordination with nearby
community, technical, and state colleges and universities, as
well as its available direct hiring authorities, to
accelerate the hiring of qualified applicants.
Custody Operations. The total includes $3,075,686,000 for
Custody Operations.
Improvements to throughput in the immigration enforcement
and adjudication continuum could reduce the average length of
stay for detainees, ultimately requiring less detention
funding and lowering the requirement for available detention
space. ICE shall continue working with federal partners,
including the Executive Office for Immigration Review (EOIR),
to ensure that aliens are treated fairly while moving through
the immigration adjudication process and shall provide
quarterly briefings to the Committees. These briefings shall
be provided by ICE and those partners and shall address the
implementation of strategies to improve the efficiency and
effectiveness of that process, including efforts to reduce
detainees' average length of stay. The first such briefing
shall be provided not later than 90 days after the date of
enactment of this Act.
ICE is directed to comply with the requirements of House
Report 115-239 related to detention facility inspections;
death-in-custody reporting; access to facilities; detainee
locator information; changes to the current detention
facility category and inspection framework; and compliance
with the 2011 Performance Based National Detention Standards
(PBNDS 2011) and Prison Rape Elimination Act requirements.
ICE shall provide a report not later than 90 days after the
date of enactment of this Act detailing the number and type
of detention contracts and Intergovernmental Service
Agreements currently in effect and all costs associated with
them. In addition, the Director of ICE shall continue to
report to the Committees at least 30 days in advance of
entering into any new or significantly modified detention
contract or other detention agreement that does not meet or
exceed PBNDS 2011, as revised in 2016, and which was in
effect as of the date of enactment of this Act. Each report
shall include a justification for why such contract or
agreement requires different standards.
ICE is expected to comply with the direction provided in
the Explanatory Statement accompanying Public Law 115-31
related to detention contracts and is directed to develop a
timeline detailing the steps the agency will take to recruit
additional personnel required for negotiating detention
contracts. ICE shall provide a briefing on this timeline not
later than 60 days after the date of enactment of this Act.
The Lyon v. ICE, et al. Settlement Agreement required ICE
to improve detainee telephone access in four detention
facilities in Northern California. ICE is directed to ensure
appropriate telephone access for detainees at all of its
facilities, including contracted facilities, and to brief the
Committees on the feasibility, benefits, and costs of
adhering to some or all of the telephone access parameters of
the settlement agreement at all facilities within 90 days of
the date of enactment of this Act.
ICE shall adhere to the guidance specified in House Report
115-239 regarding reporting of family separation incidents;
verifying the location, status, and disposition of separated
family members; and complying with its Parental Interests
Directive.
ICE shall notify the Committees prior to releasing for
budgetary reasons any individual who is in removal
proceedings or who has a final order of removal. Any such
notification will include an explanation of how ICE assessed
the potential risk to the community by the release, the risk
of absconding associated with the release, and all efforts
taken by ICE or the Department to identify other funding
sources for transfer to this account to avoid such release.
The Fugitive Operations Program and the Criminal Alien
Program shall continue to prioritize the apprehension and
removal of criminal aliens and individuals who pose a risk to
national security or public safety, as described in Executive
Order 13768.
Fugitive Operations. ICE is directed to continue funding
for at least ten Mobile Criminal Alien Teams to supplement
immigration enforcement efforts that target at-
[[Page H2552]]
large aliens with serious criminal records, to include sex
offenders, drug traffickers, gang members, and other violent
felons. Furthermore, ICE shall continue to allocate not less
than $10,000,000 to investigative and support activities
required to identify and remove aliens who have overstayed
their visas and shall brief the Committees semiannually on
the results of these efforts.
Criminal Alien Program. The bill funds the 287(g) program
at the requested level of $24,321,000. As ICE expands the
number of jurisdictions participating in this program, it
must maintain rigorous processes to provide oversight of
287(g)-designated officers, make program transparency a high
priority, and proactively address stakeholder concerns. The
Office of State, Local, and Tribal Cooperation shall continue
outreach and communications to public stakeholders, and ICE
shall continue to require the establishment and regular use
of steering committees for each jurisdiction, as specified in
House Report 115-239. ICE shall notify the Committees prior
to implementing any significant changes to the 287(g)
program, including any changes to authorized activities,
training requirements, data collection, or selection
criteria. Furthermore, ICE is directed to provide an annual
report on the 287(g) program, as specified in House Report
115-239. In addition, the OIG and the OCRCL shall continue to
provide careful oversight of the program.
Within the total, $2,000,000 is for continuing to provide
information to jurisdictions on ICE detainees with sex
offender or violent crime records who will reside in such
jurisdictions after being released from ICE custody. ICE
shall provide regular progress reports on this effort.
Alternatives to Detention. The total includes $187,205,000
for the Alternatives to Detention (ATD) program to support a
daily average of 79,000 participants, as requested. ICE is
directed to explore with its ATD contractor the potential for
applying some of the promising elements of the Family Case
Management Program into the larger ATD program, such as
introducing a Know Your Rights (KYR) program for new
participants, and to brief the Committees on this and other
feasible program improvements. With regard to introducing a
KYR element, the briefing shall indicate at what stage of the
enrollment process it would be most effective.
ICE shall continuously explore the use of innovative ATD
models, and prioritize the use of detention alternatives,
including ATD and release on parole or bond, for individuals
and families who receive positive credible fear
determinations and do not present a public safety or flight
risk.
Within the total, $3,000,000 is included for a pilot
program to enable certain aliens on the non-detained docket
to check in with ICE via self-service kiosks at ERO field
offices. The pilot should reduce the time and resources that
deportation officers devote to managing encounters and check-
ins with applicable aliens, and allowing those officer
resources to devote more time and effort to improving
attendance at immigration hearings and compliance with
removal orders.
ICE shall continue to provide performance reports to the
Committees on the ATD program, as described in House Report
114-668.
Mission Support
A total of $458,558,000 is provided for Mission Support,
$108,167,000 above the request. Included in the funding is
$84,000,000 for replacement vehicles and $9,000,000 to
address the facility maintenance backlog. Additionally,
$6,000,000 is included to continue Immigration Data
Improvement activities in support of enhancing operational
transparency and strengthening resource allocation decisions.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $81,899,000 is provided for Procurement,
Construction, and Improvements (PC&I). Included in the total
is $29,000,000 to address the facility backlog. Because
funding requested for financial systems modernization and
other programs could execute more slowly than anticipated,
ICE shall provide a briefing on an updated PC&I spending plan
not later than 60 days after the date of enactment of this
Act. ICE is also directed to continue providing semiannual
briefings on TECS modernization efforts.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Procurement, Construction, and
Improvements:
Operational Communications/ $21,839,000 $21,839,000
Information Technology.............
Construction and Facility - - - 29,000,000
Improvements.......................
Mission Support Assets and 31,060,000 31,060,000
Infrastructure.....................
-----------------------------------------------------------------------
Subtotal, Procurement, $52,899,000 $81,899,000
Construction, and Improvements.
----------------------------------------------------------------------------------------------------------------
Transportation Security Administration
OPERATIONS AND SUPPORT
A total of $7,207,851,000 is provided for Operations and
Support (O&S). This amount is partially offset by
$2,470,000,000 in estimated aviation security fee collections
that are credited to this appropriation, as authorized,
resulting in a net appropriation of $4,737,851,000. The bill
provides funding availability through September 30, 2019, for
O&S, consistent with the period of availability in prior
years. However, the Transportation Security Administration
(TSA) should plan for a single year of availability for O&S
funds in fiscal year 2019.
TSA is directed to cease the practice of submitting budget
requests that assume revenues that have not been authorized
by law.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support:
Aviation Screening Operations:
Screening Workforce:
Screening Partnership $175,580,000 $184,936,000
Program....................
Screener Personnel, 3,128,064,000 3,229,026,000
Compensation, and Benefits.
Screener Training and Other. 233,061,000 232,985,000
Airport Management.............. 643,797,000 646,053,000
Canines......................... 151,764,000 151,764,000
Screening Technology Maintenance 387,882,000 397,882,000
Secure Flight................... 102,763,000 106,856,000
-----------------------------------------------------------------------
Subtotal, Aviation Screening $4,822,911,000 $4,949,502,000
Operations.................
Other Operations and Enforcement:
Inflight Security
Federal Air Marshals........ 803,905,000 779,000,000
Federal Flight Deck Officer 19,514,000 19,514,000
and Crew Training..........
Aviation Regulation............. 173,535,000 218,535,000
Air Cargo....................... 102,721,000 102,721,000
Intelligence and TSOC........... 79,790,000 79,790,000
Surface Programs................ 86,316,000 129,316,000
Vetting Programs................ 60,215,000 60,215,000
-----------------------------------------------------------------------
Subtotal, Other Operations $1,325,996,000 $1,389,091,000
and Enforcement............
Mission Support................. 869,258,000 869,258,000
-----------------------------------------------------------------------
Subtotal, Operations and $7,018,165,000 $7,207,851,000
Support (gross)............
-----------------------------------------------------------------------
Subtotal, Operations and $4,048,165,000 $4,737,851,000
Support (net)..............
----------------------------------------------------------------------------------------------------------------
Aviation Screening Operations
A total of $4,949,502,000 is provided for Aviation
Screening Operations.
The total includes $77,000,000 above the request to
maintain existing TSA staffing at airport exit lanes, as
required by law. The total also includes $151,764,000, as
requested, for Canines. Combined with $8,200,000 in carryover
funding from fiscal year 2017, a total of $159,964,000 is
available for Canines in fiscal year 2018. TSA is expected to
use carryover funds to continue its efforts to establish a
third party canine certification program for air cargo
services.
TSA is directed to brief the Committees within 90 days of
the date of enactment of this Act on a multi-year plan to
analyze and test perimeter intrusion detection and deterrence
technologies in partnership with airports. The plan should
include a sampling of airports and technologies to maximize
the applicability of testing results for airports of varying
sizes and risk profiles, with a particular focus on high-risk
airports that currently have limited capabilities. The
testing results should be made widely available to assist
airports in meeting their Airport Security Plan requirements.
Up to $10,000,000 is made available within the total for
Screening Technology Maintenance to begin implementing this
plan.
[[Page H2553]]
With regard to remodeling and modernization efforts
undertaken by an airport on an existing exit lane that TSA
was responsible for monitoring on December 1, 2013, TSA shall
continue to be responsible for monitoring the exit lane after
the remodeling or modernization effort is completed.
As TSA continues to evolve its screening procedures from a
one-size-fits all approach to an intelligence-driven, risk-
based approach, it is expected to continue working with OIG
to address vulnerabilities in risk-based security
initiatives, including the PreCheck program.
TSA shall provide a notification within 10 days of any
change to a private screening contract, including any new
award under the Screening Partnership Program or a transition
from privatized screening into federal screening.
TSA is encouraged to continue exploring collateral officer
duties associated with behavioral detection and resolution
procedures.
TSA's passenger screening canines play an important role in
the effective and efficient screening of passengers through
airport checkpoints. There is concern with the current
availability of explosives detection canine teams at airport
checkpoints and the unmet demand for additional canine teams
throughout the U.S. transportation system. While the TSA
canine training center at Joint Base San Antonio-Lackland is
effective, it currently lacks the throughput needed to meet
the demand for trained and deployed canines. TSA shall submit
a report to the Committees, not later than 90 days after the
date of enactment of this Act, on its canine requirements and
a plan for expanding the program. The plan should propose
ways to increase the throughput of canines, including
passenger and cargo screening canines, at the Lackland
location. The plan shall also detail funding and facilities
requirements, new policies, and other resources necessary to
execute this expansion.
To meet the increasing demand for explosives detection
canines, TSA is directed to examine the feasibility of
developing a dedicated breeding program. This assessment
should consider cost, the length of time required to start a
program, and a comparison between the quality of dogs that
might come from such a breeding program and the current
practice of acquiring dogs from international and domestic
vendors. TSA shall also collaborate with other components to
determine if any benefits could be derived from a department-
wide breeding program. TSA shall brief the Committees on its
findings not later than 180 days after the date of enactment
of this Act.
Other Operations and Enforcement
A total of $1,389,091,000 is provided for Other Operations
and Enforcement.
Given current threats to the aviation sector, the total
includes $45,000,000 above the request to sustain the Law
Enforcement Officer Reimbursement Program. The total includes
$19,514,000 for the Federal Flight Deck Officer and Crew
Training Program. Combined with $4,367,000 in carryover
funding from fiscal year 2017, a total of $23,881,000 is
available for this program in fiscal year 2018. The total
also includes $43,000,000 above the request to maintain 31
Visible Intermodal Prevention Response teams.
TSA is directed to continue efforts with its airport
partners to strengthen programs to counter insider threats,
such as more rigorous screening of employees prior to their
accessing secure areas. TSA shall provide a briefing not
later than 45 days after the date of enactment of this Act on
these efforts and whether additional resources could enhance
them. The briefing should specifically assess the feasibility
of integrating additional qualified screening technology into
the employee screening process.
The funding level for the Federal Air Marshals Service
(FAMS) reflects TSA's inability to hire and backfill
positions at the rate projected in the request. TSA shall
continue to submit quarterly reports on FAMS mission
coverage, staffing levels, and hiring rates as directed in
prior years. FAMS is directed to brief the Committees not
later than 90 days after the date of enactment of this Act on
efforts to better incorporate risk into its deployment
decisions, in accordance with the recommendations outlined in
GAO-16-582.
TSA shall provide quarterly briefings on its air cargo
security investments, to include the metrics derived from
recent tests and the mitigation strategies employed in
response to covert test findings.
Mission Support
A total of $869,258,000 is provided for Mission Support.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $167,314,000 is provided for Procurement,
Construction, and Improvements.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Procurement, Construction, and Improvements:
Aviation Screening Infrastructure:
Checkpoint Support........................................ $4,019,000 $68,019,000
Checked Baggage........................................... 33,004,000 83,004,000
Infrastructure for Other Operations
Vetting Programs.......................................... 16,291,000 16,291,000
-------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. $53,314,000 $167,314,000
----------------------------------------------------------------------------------------------------------------
Aviation Screening Infrastructure
The total includes $151,023,000 for Aviation Screening
Infrastructure. Within this amount is an increase of
$64,000,000 to accelerate the procurement and testing of
computed tomography equipment as a part of TSA's broader
effort to recapitalize the aging screening equipment fleet,
enhance detection capabilities and performance, and more
effectively counter emerging threats to aviation security.
Combined with $12,148,000 in carryover funding from fiscal
year 2017, a total of $76,148,000 is available for these
efforts in fiscal year 2018.
The total also includes an increase of $50,000,000 for TSA
to begin to reimburse airports that incurred costs associated
with the development of a partial or completed in-line
baggage system prior to August 3, 2007. As directed in the
explanatory statement accompanying Public Law 114-113, TSA
has validated project cost information submitted by airports
to determine allowable and allocable expenses. TSA is
directed to brief the Committees on its timeline and
methodology for allocating the funds provided and next steps
not later than 30 days after the date of enactment of this
Act. The brief shall include a plan for how TSA will address
the remaining balance of reimbursement claims in future
budget requests.
TSA is directed to submit a detailed report on passenger
and baggage screening, consistent with the reporting
requirement in Public Law 114-113, not later than 90 days
after the date of enactment of this Act. The report shall
include a useful description of existing and emerging
technologies capable of detecting threats concealed on
passengers and in baggage, as well as projected funding
levels for the next five fiscal years for each technology
identified in the report.
RESEARCH AND DEVELOPMENT
A total of $20,190,000 is provided for Research and
Development.
TSA is directed to brief the Committees not later than 90
days after the date of enactment of this Act on efforts by
the Innovation Task Force to rapidly develop and deploy next
generation screening solutions.
Coast Guard
OPERATING EXPENSES
A total of $7,373,313,000 is provided for Operating
Expenses, including a transfer of $24,500,000 from the Oil
Spill Liability Trust Fund. The total amount includes
$503,000,000 for Coast Guard defense related activities, of
which $163,000,000 is for overseas contingency operations
(OCO) and the global war on terrorism (GWOT) and may be
allocated without regard to section 503 in title V of this
Act. Within the amount provided, not less than $25,000 shall
be utilized for performance upgrades to the moribund Coast
Guard website.
The Coast Guard has yet to complete a Manpower Requirements
Analysis (MRA), as directed by section 2904 of the Coast
Guard Authorization Act of 2015 (Public Law 114-120), to
determine the size of the force needed. The Coast Guard is
directed to complete the MRA not later than 120 days after
the date of enactment of this Act.
Access to child care is critical to supporting Coast Guard
families, particularly those assigned to remote Coast Guard
stations. Of the amount recommended for Operating Expenses,
$1,000,000 is to increase the child care subsidy for Coast
Guard families residing in areas with high costs of living.
Within 90 days after the date of enactment of this Act, the
Coast Guard shall brief the Committees on its plan to
implement the increased subsidy. In addition, the Coast Guard
is to conduct and report to the Committees the results of a
survey of its personnel regarding the cost and availability
of child care, as well as the effect of access to child care
on retention.
The Coast Guard is urged to expand its participation in
Partnership in Education programs to museums and schools with
a focus on limnology and oceanographic programs that support
science, technology, engineering, and math education.
Funding is provided to meet the air facility operation
obligations laid out in section 208 of the Coast Guard
Authorization Act of 2015 (Public Law 114-120).
The Coast Guard is directed to provide a business case
analysis to the Committees, within 60 days after the date of
enactment of this Act, for adopting the approach employed by
the Department of Veterans Affairs to acquire the next-
generation Electronic Health Records system.
In fiscal year 2017, $6,000,000 was provided for the
Fishing Safety Training Grants and Fishing Safety Research
Grants programs, as authorized by section 309 of the Coast
Guard Reauthorization Act of 2014 (Public Law 113-
[[Page H2554]]
281). The Coast Guard is directed to brief the Committees on
the programs not later than 60 days after the date of
enactment of this Act and to request funding for the programs
in future budget requests. The Coast Guard should continue to
collaborate with the National Institute of Occupational
Safety and Health on fishing safety research, and shall
submit the report required by Senate Report 114-264 without
delay. That report shall include a notice of funding
availability, a schedule for grant awards, and metrics to
measure impact and effectiveness.
Based on recent reporting pursuant to Public Law 94-254,
the Coast Guard is experiencing an increase in costs that
will result in diminished resources for other statutory
missions. The Coast Guard shall appropriately account for
these needs in future budget requests.
The Coast Guard is directed to appropriately budget to
support the Arctic Program Office in order to adequately
address the challenges inherent to the growing mission in
that region.
The Coast Guard is not procuring enough small boats
annually to meet its acquisition objective. Not later than 30
days after the date of enactment of this Act, the Coast Guard
shall provide a report detailing small boat purchases,
leases, repairs, and service life replacements planned for
fiscal year 2018.
Minor construction projects funded from the Operating
Expenses appropriation can be combined with depot level
maintenance projects for the sake of administrative and
economic efficiency. The Coast Guard is directed to provide a
report to the Committees not later than 45 days after the
date of enactment of this Act detailing such projects along
with any fiscal year 2018 sustainment, repair, replacement,
or maintenance projects that will cost more than $2,000,000.
This report shall be updated and included in future
congressional budget justification materials.
The Coast Guard is urged to expedite planning for facility
and equipment upgrades necessary for service life extensions
of Fast Response Cutters (FRC) and other vessels at the Coast
Guard Yard at Curtis Bay in Baltimore, Maryland. The nearest
travel lift of sufficient size and capacity to service the
FRC is in Hampton Roads, Virginia. Transporting the travel
lift between Hampton Roads and Baltimore is a costly and time
consuming procedure that removes the lift from service during
transport. The Coast Guard is to develop a plan for acquiring
necessary equipment and making physical modifications to
wharves or other parts of the Coast Guard Yard facility to
accommodate FRCs and other vessels there and is to request
sufficient resources for these improvements.
The Coast Guard shall notify the Committees prior to making
any changes to the type or number of its command and control
aircraft, or making changes to the flight hours of such
aircraft.
Not later than 180 days after the date of enactment of this
Act, the Coast Guard shall provide a report to the Committees
detailing the feasibility, costs, and benefits of
transitioning to the use of bromine-free systems aboard
National Security Cutters (NSC), FRCs, or Offshore Patrol
Cutters (OPC).
In establishing homeports for new vessels in the northeast
United States, the Coast Guard is directed to partner with
the National Oceanic and Atmospheric Administration and the
Navy, as appropriate, to leverage existing assets and new
investments at Naval Station Newport.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operating Expenses:
Military Pay and Allowances............................... $3,711,095,000 $3,716,444,000
Civilian Pay and Benefits................................. 851,178,000 847,678,000
Training and Recruiting................................... 190,668,000 191,015,000
Operating Funds and Unit Level Maintenance................ 895,518,000 897,171,000
Centrally Managed Accounts................................ 142,788,000 142,788,000
Intermediate and Depot Level Maintenance.................. 1,422,217,000 1,415,217,000
Overseas Contingency Operations/Global War on Terrorism... - - - 163,000,000
-------------------------------------------------
Subtotal, Operating Expenses.......................... $7,213,464,000 $7,373,313,000
(Defense, less OCO)................................... (340,000,000) (340,000,000)
----------------------------------------------------------------------------------------------------------------
Overseas Contingency Operations/Global War on Terrorism
Funding for Coast Guard OCO/GWOT activities is provided
directly through the Operating Expenses appropriation instead
of through the Navy's Operation and Maintenance account. The
Coast Guard shall brief the Committees not later than 30 days
after the date of enactment of this Act on any changes to OCO
amounts expected during fiscal year 2018 and on projected
transition costs expected in fiscal year 2019 to support OCO.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
A total of $13,397,000 is provided for Environmental
Compliance and Restoration (EC&R). The Coast Guard is
directed to include in its annual budget justification
materials a list of the activities projected to be funded by
the amounts requested under this heading and an updated
backlog report for EC&R projects that includes an explanation
of how the amount requested will impact this documented
backlog.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
A total of $2,694,745,000 is provided for Acquisition,
Construction, and Improvements. The Coast Guard is directed
to continue to provide quarterly briefings to the Committees
on all major acquisitions, consistent with the direction in
the explanatory statement accompanying Public Law 114-4.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Acquisition, Construction, and Improvements:
Vessels:
Survey and Design--Vessels and Boats.................. $1,500,000 $4,500,000
In-Service Vessel Sustainment......................... 60,500,000 60,500,000
National Security Cutter.............................. 54,000,000 1,241,000,000
Offshore Patrol Cutter................................ 500,000,000 500,000,000
Fast Response Cutter.................................. 240,000,000 340,000,000
Cutter Boats.......................................... 1,000,000 1,000,000
Polar Ice Breaking Vessel............................. 19,000,000 19,000,000
Inland Waterways and Western Rivers Cutters........... 1,100,000 26,100,000
-------------------------------------------------
Subtotal, Vessels................................. $877,100,000 $2,192,100,000
Aircraft:
HC-27J Conversion/Sustainment......................... 52,000,000 70,000,000
HC-130J Acquisition/Conversion/Sustainment............ 5,600,000 100,600,000
HH-65 Conversion/Sustainment Projects................. 22,000,000 22,000,000
MH-60T Sustainment.................................... 2,500,000 2,500,000
Small Unmanned Aircraft Systems....................... 500,000 500,000
-------------------------------------------------
Subtotal, Aircraft................................ $82,600,000 $195,600,000
Other Acquisition Programs:
Other Equipment and Systems........................... 4,000,000 4,000,000
Program Oversight and Management...................... 15,000,000 15,000,000
C4ISR................................................. 22,000,000 22,000,000
CG--Logistics Information Management System........... 9,800,000 9,800,000
-------------------------------------------------
Subtotal, Other Acquisition Programs.............. $50,800,000 $50,800,000
Shore Facilities and Aids to Navigation:
Major Construction; Housing; ATON; and Survey & Design 10,000,000 42,400,000
Major Acquisition Systems Infrastructure.............. 60,000,000 87,100,000
Minor Shore........................................... 5,000,000 5,000,000
-------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation. $75,000,000 $134,500,000
Personnel and Related Support Costs....................... 118,245,000 121,745,000
-------------------------------------------------
Subtotal, Acquisition, Construction, and $1,203,745,000 $2,694,745,000
Improvements.....................................
----------------------------------------------------------------------------------------------------------------
[[Page H2555]]
Vessels
To the maximum extent practicable, the Coast Guard is
directed to utilize components that are manufactured in the
United States when contracting for new vessels. Such
components include: auxiliary equipment, such as pumps for
shipboard services; propulsion equipment including engines,
reduction gears, and propellers; shipboard cranes; and
spreaders for shipboard cranes.
The Coast Guard shall be exempted from the administration's
current acquisition policy that requires the Coast Guard to
attain the total acquisition cost for a vessel, including
long lead time materials (LLTM), production costs, and
postproduction costs, before a production contract can be
awarded.
Survey and Design--Vessels and Boats. The total includes
$4,500,000 to support survey and design. To enhance
icebreaking capacity on the Great Lakes, $3,000,000 is
included for survey and design work to support the
acquisition of an icebreaker that is at least as capable as
the USCGC MACKINAW (WLBB-30).
National Security Cutter. The total includes $1,241,000,000
for the NSC program. This amount includes $540,000,000 for
the construction of a tenth NSC, $95,000,000 to be made
immediately available to contract for LLTM for an eleventh
NSC, and $540,000,000 for the construction of the eleventh
NSC. Crewing concepts initiated by the Coast Guard that
underpinned the assumption that 12 High Endurance Cutters
could be replaced with 8 NSCs have proven unworkable.
Offshore Patrol Cutter. The recommendation includes
$500,000,000 for the OPC, consistent with the budget request.
These funds will provide for production of OPC1, LLTM for
OPC2, program activities, test and evaluation, government
furnished equipment, and training aids.
Fast Response Cutter. The Coast Guard program of record
calls for 58 FRCs, of which 44 have been ordered and 26 have
been delivered and are in service today. The recommendation
provides $340,000,000 for six FRCs, four of which are for the
current program of record and two of which are to initiate
replacement of the 110-foot Island Class Cutters supporting
U.S. Central Command in Southwest Asia.
Polar Ice Breaking Vessel. The recommendation includes
$19,000,000, consistent with the budget request, to maintain
the accelerated acquisition schedule established in fiscal
year 2017 for a new class of Polar Icebreakers. These funds
will be used to request proposals and award contracts for
detailed design and options for future vessel construction.
The Coast Guard is directed to initiate a service life
extension project to rehabilitate and restore the critical
systems onboard the heavy icebreaker POLAR STAR. Increased
efforts shall be made during maintenance availability periods
to rehabilitate major systems and accelerate contracting for
this work to the greatest extent possible. In carrying out
such efforts, the Coast Guard is encouraged to address the
rehabilitation and replacement of old and obsolete systems
that are in poor material condition and may impair crew
readiness or safety.
Inland Waterways and Western Rivers Cutters. The Coast
Guard's fleet of inland river tenders range in size from 65
to 160 feet and were commissioned between 1944 and 1990. This
fleet, which has an average age of 52 years, helps ensure the
integrity of the structures, beacons, and buoys that support
the vital U.S. Marine Transportation System. In addition to
age concerns and equipment obsolescence issues, the fleet
presents other challenges, including the presence of asbestos
and lead paint, which raise concerns about crew health. The
recommendation provides $25,000,000 above the request to
accelerate the acquisition of a new Waterways Commerce
Cutter.
Aircraft
HC-130J Conversion/Sustainment. The total includes
$100,600,000 for the HC-130J aircraft program. This amount is
$95,000,000 above the request for the procurement of one HC-
130J aircraft.
MH-60T Conversion/Sustainment. The bill supports efforts to
recapitalize MH-60T aircraft. The Coast Guard is directed to
brief the Committees, not later than 90 days after the date
of enactment of this Act, on options for extending the
lifespan of its MH-60T aircraft, including associated costs
and timelines for each option.
HC-27J Conversion/Sustainment. The total includes
$18,000,000 above the request for the procurement of an HC-
27J training simulator to be located at the Coast Guard
Aviation Training Center.
Shore Facilities
The total includes $134,500,000 for Shore Facilities and
Aids to Navigation. The Commandant is directed to provide to
the Committees, at the time of each budget submission, a list
of approved but unfunded Coast Guard priorities and the funds
needed for each.
Not later than 180 days after the date of enactment of this
Act, the Coast Guard shall submit to the Committees a report
on a plan to provide communications throughout the entire
Coastal Western Alaska Captain of the Port zone to improve
waterway safety and to mitigate close calls, collisions, and
other dangerous interactions between large ships and
subsistence hunter vessels. The report should also include:
any shore infrastructure improvements necessary to fulfill
such a plan; an explanation of the feasibility of
establishing a vessel traffic service that covers the region
using existing resources or public-private partnerships; and
a timeline of when funding is needed to implement these
improvements.
The Coast Guard has considered establishing anchorages in
the Hudson River and has completed an Advanced Notice of
Proposed Rulemaking. After receiving comments, the Coast
Guard is conducting a full Ports and Waterways Safety
Assessment to best determine whether and how to proceed.
Prior to any proposal to establish these anchorages, the
Coast Guard shall brief the Committees on the results of the
assessment and its plans regarding the anchorages.
Major Construction; Housing; ATON; and Survey & Design. The
total includes $32,400,000 above the request to address the
top housing priority on the Coast Guard's Unfunded Priority
List.
Major Acquisition System Infrastructure. The total includes
$8,000,000 for infrastructure associated with the procurement
of an HC-27J training simulator and $19,100,000 to address
the top Major Acquisition System Infrastructure priorities on
the Coast Guard's Unfunded Priority List.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
A total of $29,141,000 is provided for Research,
Development, Test, and Evaluation.
Disruptions to Global Positioning System (GPS) signals can
cause severe problems for ship navigation, port security, and
situational awareness. In recent years, incidents of GPS
tampering have disrupted the flow of commerce within ports by
blocking the signals needed for crane operators to locate and
move goods. When these signals are blocked, the delays
associated with the manual location of containers can all but
shut down port operations. Therefore, $500,000 is provided
for the Coast Guard to conduct digital forensics research and
testing on devices meant to jam or otherwise interfere with
GPS signals.
The Coast Guard continues to face challenges with respect
to conducting maritime surveillance necessary to support its
statutory missions related to marine safety, security, and
protection in the Pacific Ocean. To address this concern, up
to $5,000,000 is made available within the total amount to
conduct a full maritime domain awareness pilot study and
assessment to determine the efficacy of using low-cost,
commercially available technology solutions, in combination
with or on existing fleet platforms, to enhance maritime
domain awareness. This effort should test technology
solutions across the fleet, including with the Coast Guard
Auxiliary if applicable. The Coast Guard is encouraged to
consider systems that have been used by small, remote Pacific
Island states and other technologies with little or no
logistics funding tail. The Coast Guard shall brief the
Committees not later than 60 days after the date of enactment
of this Act on its approach to carrying out this study. The
briefing shall include a timeline for the development of a
concept of operations and business case analysis, as well as
a plan for industry engagement and technology demonstration.
As the Coast Guard's only functional heavy icebreaker, the
POLAR STAR, reaches the end of its service life, a potential
gap may emerge with respect to the Coast Guard's polar
icebreaker capability before new heavy icebreaking vessels
can be acquired. To help address that potential gap, up to
$5,000,000 is made available within the total to examine
whether the Coast Guard's statutory requirements could be met
by existing vessels using short-term procurement strategies.
In fiscal year 2017, Congress provided $18,000,000 for the
Coast Guard to test and evaluate the use of long range/ultra-
long endurance UAS in support of the Department's needs,
particularly intelligence, surveillance, and reconnaissance
in source and transit zones. The Coast Guard is directed to
fulfill the related briefing requirement in the explanatory
statement accompanying Public Law 115-31 and directs the
Coast Guard to allocate such fiscal year 2018 sums as may be
necessary to continue this long range/ultra-long endurance
UAS effort.
United States Secret Service
OPERATIONS AND SUPPORT
A total of $1,915,794,000 is provided for Operations and
Support. Of the funds provided, $39,692,000 is made available
until September 30, 2019. Included in the total is:
$6,000,000 for a grant related to missing and exploited
children investigations; $5,482,000 for the James J. Rowley
Training Center; $5,710,000 for Operational Mission Support;
$18,000,000 for protective travel; and $4,500,000 for
National Special Security Events (NSSE).
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support:
Protective Operations:
Protection of Persons and Facilities.................. $705,566,000 $711,227,000
Protective Countermeasures............................ 46,862,000 46,862,000
[[Page H2556]]
Protective Intelligence............................... 47,547,000 47,814,000
Presidential Campaigns and National Special Security 4,500,000 4,500,000
Events...............................................
-------------------------------------------------
Subtotal, Protective Operations................... $804,475,000 $810,403,000
Field Operations:
Domestic and International Field Operations........... 588,653,000 596,478,000
Support for Missing and Exploited Children 7,582,000 6,000,000
Investigations.......................................
Support for Computer Forensics Training............... - - - 18,778,000
-------------------------------------------------
Subtotal, Field Operations........................ $596,235,000 $621,256,000
Basic and In-Service Training and Professional Development 64,078,000 64,212,000
Mission Support........................................... 414,558,000 419,923,000
-------------------------------------------------
Subtotal, Operations and Support.................. $1,879,346,000 $1,915,794,000
----------------------------------------------------------------------------------------------------------------
The total amount includes the following increases above the
request: $9,866,000 to implement new overtime payment
authority for agents and officers; $18,778,000 for basic and
advanced computer forensics training for state and local law
enforcement officers, judges, and prosecutors in support of
the United States Secret Service (USSS) mission; $2,000,000
for additional hiring; and $5,000,000 for retention efforts.
The Secret Service shall provide periodic briefings to the
Committees on the demand for computer forensics training and
should identify appropriate resources to support it in future
budgets.
The bill sustains the fiscal year 2017 funding level of
$2,366,000 for forensic and investigative support related to
missing and exploited children within the Domestic and
International Field Operations PPA and $6,000,000 for grants
related to investigations of missing and exploited children
within the Support for Missing and Exploited Children
Investigations PPA.
In addition, the bill provides $4,500,000, as requested, to
defray costs specific to Secret Service execution of its
statutory responsibilities to direct the planning and
coordination of NSSEs. An administrative provision in the Act
prohibits the use of funds to reimburse any federal
department or agency for its participation in an NSSE. The
USSS is directed to provide semiannual briefings, beginning
not later than 180 days after the date of enactment of this
Act, on the use of NSSE funds.
In lieu of House report language on Secret Service
protection operations, the USSS is directed to submit a
report to the Committees, not later than 90 days after the
date of enactment of this Act, and annually thereafter,
detailing expenditures of funds for the purpose of providing
protection in accordance with each of the categories listed
in 18 U.S.C. 3056(a) during the course of any travel.
The USSS is directed to: (1) brief the Committees within 90
days after the date of enactment of this Act on its progress
toward correcting deficiencies identified in GAO-16-288
related to salaries and benefits cost data, and on its
protection operations, as described in House Report 115-239;
(2) brief the Committees within 180 days of enactment of this
Act on its strategic human capital plan for 2018 through 2022
and on efforts to enhance perimeter security using emerging
technologies, including fiber-optic sensors; and (3) provide
quarterly updates to the Committees on progress in securing a
replacement presidential limousine, including any updates to
the anticipated delivery schedule.
The USSS is also directed to renew its efforts to cultivate
a professional workforce that adheres to high standards, both
on-duty and off-duty, through consistent and effective
training and oversight.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $90,480,000 is provided for Procurement,
Construction, and Improvements. The total amount includes an
increase above the request of $12,150,000 for new armored
vehicles and $14,300,000 for continued work on the White
House Crown fence.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Procurement, Construction, and Improvements
Protection Assets and Infrastructure...................... $39,012,000 $65,462,000
Operational Communications/Information Technology......... 25,018,000 25,018,000
-------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. $64,030,000 $90,480,000
----------------------------------------------------------------------------------------------------------------
The USSS is directed to provide a briefing, not later than
60 days after the date of enactment of this Act, on an
investment and management plan for Information Integration
Technology Transformation for fiscal years 2018-2020.
RESEARCH AND DEVELOPMENT
A total of $250,000 is provided for research and
development.
TITLE II--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 201. The bill continues a provision regarding
overtime compensation.
Section 202. The bill continues a provision allowing CBP to
sustain or increase operations in Puerto Rico with
appropriated funds.
Section 203. The bill continues and modifies a provision,
making permanent a prohibition on the transfer of aircraft
and related equipment by CBP from its inventory unless
certain conditions are met.
Section 204. The bill continues a provision regarding the
availability of passenger fees collected from certain
countries.
Section 205. The bill continues and modifies a provision
allowing CBP access to certain reimbursements for
preclearance activities.
Section 206. The bill continues a provision prohibiting
individuals from importing prescription drugs from Canada.
Section 207. The bill continues a provision regarding the
waiver of certain navigation and vessel-inspection laws.
Section 208. The bill continues a provision preventing the
establishment of new border crossing fees at land ports of
entry.
Section 209. The bill continues a provision allowing the
Secretary to reprogram and transfer funds within and into
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to ensure the detention of aliens prioritized for
removal.
Section 210. The bill continues a provision prohibiting the
use of funds provided under the heading ``U.S. Immigration
and Customs Enforcement--Operations and Support'' to continue
a delegation of authority under the 287(g) program if the
terms of an agreement governing such delegation have been
materially violated.
Section 211. The bill continues a provision prohibiting the
use of funds provided under the heading ``U.S. Immigration
and Customs Enforcement--Operations and Support'' to contract
with a facility for detention services if the facility
receives less than ``adequate'' ratings in two consecutive
performance evaluations.
Section 212. The bill continues a provision requiring the
submission of a report related to erroneous financial
obligations by U.S. Immigration and Customs Enforcement.
Section 213. The bill continues a provision waiving a
subsistence payment limitation for certain employees related
to certain hurricanes, and authorizing the Secretary to
provide reimbursements at an increased lodging rate
associated with such subsistence expenses.
Section 214. The bill continues a provision clarifying that
certain elected and appointed officials are not exempt from
federal passenger and baggage screening.
Section 215. The bill continues a provision directing TSA
to deploy explosives detection systems based on risk and
other factors.
Section 216. The bill continues a provision authorizing TSA
to use funds from the Aviation Security Capital Fund for the
procurement and installation of explosives detection systems
or for other purposes authorized by law.
Section 217. The bill continues a provision prohibiting the
use of funds in abrogation of the statutory requirement for
TSA to monitor certain airport exit points.
Section 218. The bill continues a provision prohibiting
funds made available by this Act for recreational vessel
expenses, except to the extent fees are collected from owners
of yachts and credited to this appropriation.
Section 219. The bill continues a provision under the
heading ``Coast Guard--Operating Expenses'' allowing up to
$10,000,000 to be reprogrammed to or from Military Pay and
Allowances.
Section 220. The bill continues a provision requiring the
Commandant of the Coast Guard to submit a future-years
capital investment plan.
Section 221. The bill continues a provision prohibiting the
use of funds to reduce the Coast Guard's Operations Systems
Center mission or staff.
Section 222. The bill continues a provision prohibiting the
use of funds to conduct a competition for activities related
to the Coast Guard National Vessel Documentation Center.
Section 223. The bill continues a provision allowing the
use of funds to alter, but not reduce, operations within the
Civil Engineering program of the Coast Guard.
[[Page H2557]]
Section 224. The bill continues a provision related to the
allocation of funds for Overseas Contingency Operations/
Global War on Terrorism.
Section 225. The bill includes a new provision related to
continuation pay for certain members of the Coast Guard.
Section 226. The bill continues a provision allowing the
Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 227. The bill continues a provision prohibiting the
use of funds by the Secret Service to protect the head of a
federal agency other than the Secretary of Homeland Security,
except when the Director has entered into a reimbursable
agreement for such protection services.
Section 228. The bill continues a provision allowing the
reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 229. The bill continues a provision allowing funds
made available within ``United States Secret Service--
Operations and Support'' to be available for travel of
employees on protective missions without regard to the
limitations on such expenditures.
Sec. 230. A new provision is included designating the uses
of certain amounts under ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'',
limiting the use of certain amounts under such account for
previously deployed fencing designs, and prohibiting the use
of funds to construct a border barrier in the Santa Ana
National Wildlife Refuge.
Sec. 231. A new provision is included requiring the
Secretary to submit a risk-based plan for improving security
along the borders of the United States.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
A total of $1,482,165,000 is provided for Operations and
Support, of which $219,429,000 is for the Office of Biometric
Identity Management (OBIM).
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
------------------------------------------------------------------------
Operations and Support:
Cybersecurity:
Cyber Readiness and $200,965,000 $243,992,000
Response.................
Cyber Infrastructure 41,943,000 46,243,000
Resilience...............
Federal Cybersecurity..... 477,649,000 432,673,000
-------------------------------------
Subtotal, $720,557,000 $722,908,000
Cybersecurity........
Infrastructure Protection:
Infrastructure Capacity 115,515,000 121,776,000
Building.................
Infrastructure Security 72,440,000 72,440,000
Compliance...............
-------------------------------------
Subtotal, 187,955,000 194,216,000
Infrastructure
Protection...........
Emergency Communications:
Emergency Communications 49,966,000 54,501,000
Preparedness.............
Priority 63,955,000 63,955,000
Telecommunications
Services.................
-------------------------------------
Subtotal, Emergency $113,921,000 $118,456,000
Communications.......
Integrated Operations:
Cyber and Infrastructure 43,322,000 56,410,000
Analysis.................
Critical Infrastructure 21,222,000 21,222,000
Situational Awareness....
[Defense]............. (19,312,000) (19,312,000)
Stakeholder Engagement and 46,904,000 50,583,000
Requirements.............
[Defense]............. (42,214,000) (45,525,000)
Strategy, Policy, and 14,448,000 14,448,000
Plans....................
[Defense]............. (9,536,000) (9,536,000)
-------------------------------------
Subtotal, $125,896,000 $142,663,000
Integrated
Operations.......
Office of Biometric Identity
Management:
Identity and Screening 68,826,000 68,826,000
Program Operations.......
IDENT/Homeland Advanced 150,603,000 150,603,000
Recognition Technology
Operations & Maintenance.
-------------------------------------
Subtotal, Office of $219,429,000 $219,429,000
Biometric Identity
Management...........
Mission Support:
Nondefense................ 87,517,000 84,493,000
[Defense]............. (27,130,000) (26,193,000)
-------------------------------------
Subtotal, $1,455,275,000 $1,482,165,000
Operations and
Support..........
------------------------------------------------------------------------
To better align NPPD resources under the Common
Appropriations Structure, the total reflects a realignment to
Operations and Support of $1,680,000 requested within
Procurement, Construction, and Improvements. This realignment
will ensure that funds are provided in the proper account for
the stated purpose.
Language is included in this explanatory statement under
Federal Emergency Management Agency (FEMA)--Federal
Assistance directing the submission of a report on the types
of assistance across components that are available to state,
local, tribal, and territorial (SLTT) governments.
Furthermore, NPPD and FEMA are directed to brief the
Committees, not later than 60 days after the date of
enactment of this Act, on the potential benefits and costs of
establishing a joint program office to enhance coordination
of these activities.
cybersecurity
The total includes $722,908,000 for Cybersecurity. This
amount includes $9,516,000 for the Multi-State Information
Sharing and Analysis Center to support its updated
requirement for fiscal year 2018 and an increase above the
request of $4,963,000 to support the new Election
Infrastructure Security Initiative (EISI).
Cyber Readiness and Response. The agreement includes a
total of $243,992,000 for the National Cybersecurity and
Communications Integration Center (NCCIC), including
$173,909,000 for Computer Emergency Response Teams (CERT) and
$17,000,000 for enhanced training, malware analysis, safety
systems vulnerability analysis, incident response, and
assessments of Industrial Control Systems in emerging sectors
and subsectors. In light of current threats, the agreement
restores the proposed reduction of $6,814,000 for planning
and exercises.
NPPD shall brief the Committees not later than 60 days
after the date of enactment of this Act on its assessment of
election infrastructure vulnerabilities and its work with
election officials to prevent cyber intrusions.
Of the total provided, $3,000,000 is for the establishment
of pilot programs to explore and evaluate the most effective
methods for cybersecurity information sharing, focusing on
regional information sharing; communications and outreach;
training and education; and research and development for the
improvement of SLTT government capabilities and capacity.
NPPD is directed to provide a report on the results of each
pilot not later than 270 days after its completion.
The NCCIC is directed to continue providing technical
assistance to other federal agencies, upon request, on
preventing and responding to data breaches involving
unauthorized access to personally identifiable information.
GAO-17-163 made several recommendations designed to ensure
that the NCCIC is adhering to its nine implementing
principles under the National Cybersecurity Protection Act.
Specifically, the report noted that the NCCIC had yet to
determine whether those implementing principles are
applicable to its eleven statutory cybersecurity functions
and had yet to establish performance metrics for the
principles. Not later than 90 days after the date of
enactment of this Act, NPPD shall brief the Committees on its
specific plans to address these GAO recommendations.
Cyber Infrastructure Resilience. The total includes
$14,393,000 for cybersecurity education and awareness, of
which $4,300,000 is to continue the Cybersecurity Education
and Training Assistance Program.
Federal Cybersecurity. The total includes $102,681,000 for
Continuous Diagnostics and Mitigation (CDM), of which
$8,901,000 is an increase above the budget request to
accelerate deployment of CDM to federal departments and
agencies. NPPD is directed to provide a briefing to the
Committees on the current CDM program acquisition strategy
and schedule not later than 30 days after the date of
enactment of this Act.
The total includes $287,226,000 for the National
Cybersecurity Protection System (NCPS), which protects
federal networks and data from cyber intrusions. NPPD is
directed to continue to work closely with federal departments
and agencies as they participate in the NCPS and to provide
semiannual briefings to the Committees, beginning not later
than 30 days after the date of enactment of this Act, on any
obstacles that arise with regard to such participation.
GAO-16-294 found that NPPD is not fully utilizing the
capability of NCPS to detect potentially malicious activity
entering or exiting computer systems on the ``.gov'' network.
The total includes $3,000,000 for pilot programs to help
address the GAO report's related recommendation and to comply
with the mandate in the Cybersecurity Act of 2015
[[Page H2558]]
to conduct regular assessments of advanced protective
technologies through pilots. The pilots should be conducted
in collaboration with the National Institute of Standards and
Technology and other appropriate entities.
Not later than 120 days after the date of enactment of this
Act, NPPD and FEMA shall brief the Committees on the types of
grant assistance, technical assistance, and formal ongoing
engagement available to SLTT government entities, including
law enforcement agencies, for the purpose of protecting their
cyber networks. Within 240 days of the date of enactment of
this Act, NPPD shall provide an assessment to the Committees
of the overall effectiveness of this assistance and outreach
in improving cybersecurity capacity and performance at non-
federal levels of government. The Department may provide
technical assistance and support to SLTT entities related to
the purchase of commercial software capable of protecting the
integrity of government information and networks against
intrusions.
The fiscal year 2017 National Defense Authorization Act
(Public Law 114-328) required DHS to provide Congress with a
departmental cybersecurity strategy. In light of recent cyber
events, DHS is expected to accelerate the completion of this
strategy and to continue to engage with relevant public and
private stakeholders to help prevent and mitigate future
cyber intrusions.
Infrastructure Protection
A total of $194,216,000 is provided for Infrastructure
Protection.
Infrastructure Capacity Building. The total includes
$16,199,000 for the Office of Bombing Prevention (OBP). This
funding will sustain needed training, information sharing,
and awareness programs for SLTT and private sector entities
related to trends in terrorist utilization of explosives. The
funding will also provide for analysis of current counter-
explosives capabilities and identification of capability
gaps. NPPD should explore how coordination with the National
Guard on training could be further enhanced.
The total includes $2,000,000 for the Technology
Development and Deployment Program to identify requirements
for NPPD; for community-level critical infrastructure
protection and resilience; and to rapidly develop, test, and
transition technologies that address such requirements.
Sector Risk Management. The total includes $1,121,000 for
EISI.
Emergency Communications
The total includes $118,456,000 for Emergency
Communications, of which $1,785,000 is for the EISI and
$2,000,000 is to continue National Emergency Communications
Plan development projects.
NPPD is directed to include in the next Biennial Report to
Congress on Emergency Communications the status of
interoperability planning for public safety communications
systems. Because achieving interoperability among these
systems is challenged by separate planning efforts for
different kinds of systems (such as alert and warning, next
generation 911, and broadband), the report should
specifically identify what gaps exist among such systems.
Furthermore, NPPD is directed to share information with FEMA
on critical interoperable communications gaps in order to
better inform grant award decision making.
Integrated Operations
The total includes $142,663,000 for Integrated Operations.
Cyber and Infrastructure Analysis. The total includes
$18,650,000 for the National Infrastructure Simulation and
Analysis Center; $1,350,000 for the EISI; and, $2,000,000 for
evaluating utility grid resiliency using real and simulated
experimentation to test technologies, train operators, and
quantify impacts and risks. The results of these evaluations
should also inform how NPPD employs response tactics and
prioritizes future investments.
Stakeholder Engagement and Requirements. The total includes
$1,679,000 for software assurance and $2,000,000 to enhance
supply chain security.
Office of Biometric Identity Management
OBIM is directed to continue briefing the Committees on a
semiannual basis on its workload, staffing levels,
modernization efforts, and improvements in the sharing of
appropriate identity information between DHS and other
departments and agencies, including through the
implementation of Unique Identity and the information systems
discussed below. The information sharing briefs should
specifically address capability gaps and strategies to close
them.
As development of the Homeland Advanced Recognition
Technology (HART) system continues, OBIM is expected to
closely coordinate with TSA, CBP, the Department of Defense
(DOD), the Department of Justice, the Department of State,
the intelligence community, and other relevant agencies to
standardize and appropriately share biometric information. In
particular, OBIM shall continue to work with DOD to implement
interim solutions to expand interagency biometric data-
sharing and ingest legally shareable data from DOD's
Automated Biometric Identification System (ABIS) into IDENT/
HART for appropriate use by components. Additionally, as
directed in prior Committee reports, OBIM shall continue to
coordinate with TSA to ensure that TSA's Technology
Infrastructure Modernization systems are appropriately
integrated with HART.
OBIM shall incorporate the latest proven biometric
technologies, including advanced facial recognition, in its
ongoing enhancements to the IDENT/HART system and ensure the
needs of stakeholders are addressed.
FEDERAL PROTECTIVE SERVICE
A total of $1,476,055,000 is made available for the Federal
Protective Service (FPS). This funding is generated by
collections of security fees from federal agencies based on
security services provided by FPS.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Federal Protective Service:
FPS Operations:
Operating Expenses.............. $360,079,000 $360,079,000
Countermeasures:
Protective Security Officers.... 1,071,286,000 1,071,286,000
Technical Countermeasures....... 44,690,000 44,690,000
-----------------------------------------------------------------------
Subtotal, Federal Protective $1,476,055,000 $1,476,055,000
Service (gross)............
Offsetting Collections: -1,476,055,000 -1,476,055,000
-----------------------------------------------------------------------
Subtotal, Federal Protective - - - - - -
Service (net)..............
----------------------------------------------------------------------------------------------------------------
FPS, in conjunction with the Department and OMB, shall
provide a report to the Committees on a quarterly basis,
beginning not later than 90 days after the date of enactment
of this Act, describing its progress toward developing a
sustainable funding model that will adequately address FPS
resource shortfalls and long-term needs in order to fulfill
mission responsibilities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $414,111,000 is provided for Procurement,
Construction, and Improvements.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
------------------------------------------------------------------------
Procurement, Construction, and
Improvements:
Cybersecurity:
Continuous Diagnostics and $185,180,000 $246,981,000
Mitigation...............
National Cybersecurity 56,129,000 115,186,000
Protection System........
-------------------------------------
Subtotal, $241,309,000 $362,167,000
Cybersecurity........
Emergency Communications:
Next Generation Networks 48,905,000 48,905,000
Priority Services........
Subtotal, Emergency $48,905,000 $48,905,000
Communications.......
-------------------------------------
Biometric Identity Management:
IDENT/Homeland Advanced 40,100,000 - - -
Recognition Technology...
-------------------------------------
Subtotal, Biometric $40,100,000 - - -
Identity Management..
Integrated Operations Assets
and Infrastructure:
Modeling Capability 500,000 500,000
Transition Environment...
-------------------------------------
Subtotal, Integrated $500,000 $500,000
Operations Assets and
Infrastructure.......
Infrastructure Protection:
Infrastructure Protection 4,219,000 2,539,000
(IP) Gateway.............
-------------------------------------
Subtotal, $4,219,000 $2,539,000
Infrastructure
Protection...........
-------------------------------------
[[Page H2559]]
Subtotal, $335,033,000 $414,111,000
Procurement,
Construction, and
Improvements.....
------------------------------------------------------------------------
Cybersecurity
The total includes $362,167,000 for Cybersecurity. The
total reflects a realignment of $58,557,000 from Operations
and Support for the National Cybersecurity Protection System,
as requested. The total includes an additional $61,801,000 to
support acceleration of CDM capabilities to a broader set of
non-CFO Act agencies and to accelerate mobile/cloud computing
visibility across the ``.gov'' domain. Also included in the
total is $500,000 to further the design and implementation of
the backup site for DHS cyber and communications programs.
Biometric Identity Management
No new funding is included for HART due to delays in the
acquisition schedule.
Infrastructure Protection
In response to information provided by the Department,
$1,680,000 is realigned to the Operations and Support
appropriation for the Infrastructure Protection Gateway.
RESEARCH AND DEVELOPMENT
A total of $15,126,000 is provided for Research and
Development.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
------------------------------------------------------------------------
Research and Development:
Cybersecurity................. $4,695,000 $4,695,000
Infrastructure Protection..... 2,431,000 6,431,000
Integrated Operations......... 4,000,000 4,000,000
-------------------------------------
Subtotal, Research and $11,126,000 $15,126,000
Development..........
------------------------------------------------------------------------
The total includes $2,000,000 for cooperative resilient
ports efforts with federal research and development
organizations, including the U.S. Army Corps of Engineers
(USACE), and $2,000,000 is for cooperative efforts with USACE
for data analytics related to vulnerability and consequence
assessments.
NPPD is encouraged to collaborate with other federal
research and development organizations on the review,
evaluation, and optimization of Internet protocol gateways to
make critical infrastructure more secure and resilient and to
prevent or mitigate cybersecurity threats.
Office of Health Affairs
OPERATIONS AND SUPPORT
A total of $121,569,000 is provided for Operations and
Support.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
------------------------------------------------------------------------
Operations and Support:
Chemical and Biological $77,380,000 $79,130,000
Readiness....................
Health and Medical Readiness.. 4,120,000 4,620,000
Integrated Operations......... 1,400,000 9,400,000
Mission Support............... 28,419,000 28,419,000
-------------------------------------
Subtotal, Operations $111,319,000 $121,569,000
and Support..........
------------------------------------------------------------------------
On October 6, 2017, the Department notified the Committees
that it intended to use its authority under section 872 of
the Homeland Security Act to consolidate the Domestic Nuclear
Detection Office (DNDO), the Office of Health Affairs (OHA),
and a number of activities and personnel from other
components into a new Countering Weapons of Mass Destruction
(CWMD) Office, effective December 5, 2017. Because of the
challenges associated with transitioning to new Treasury
accounts in the middle of a fiscal year, however, DHS did not
propose the transfer of OHA and DNDO funding into new CWMD
Office accounts. As a consequence, OHA and DNDO will continue
to operate and be funded as separate components during fiscal
year 2018.
An administrative provision is included in title V of this
Act to permit DHS to begin executing funds through new CWMD
appropriations accounts beginning on October 1, 2018, but
only subsequent to the enactment of legislation explicitly
authorizing the establishment of such an Office.
In January 2018, the Assistant Secretary for CWMD briefed
the Committees on a procurement action made to resource a
pilot program in support of state and local law enforcement
and first responders. However, neither OHA nor DNDO requested
funding in any budget for this activity, nor had the offices
developed any goals, objectives, or criteria for success
prior to embarking on this new pilot. In the future, the
Department is expected to follow the acquisition management
process, as defined in DHS Management Directive 102-01, and
to include such programs in its budget justification
materials to Congress. While emerging requirements may
necessitate agencies to shift funds in the year of execution,
all components of DHS must adhere to section 503
reprogramming and transfer conditions. If a new requirement
is addressed through a reprogramming that falls below the
section 503 notification threshold, all components must still
adhere to program management principals and an acquisition
management process that yields transparency and efficiency.
Language is included in this explanatory statement under
FEMA--Federal Assistance directing the submission of a report
on the types of assistance across DHS components available to
SLTT governments.
Chemical and Biological Readiness
The total includes $79,130,000 for the Chemical and
Biological Readiness PPA. This amount includes: $1,250,000 to
continue investments in biodetection technology enhancements;
$800,000 to continue the development of a comprehensive
exercise, workshop, and technical assistance program for
food, agriculture, and veterinary preparedness; and $500,000
to continue implementing the voluntary anthrax vaccine
program for emergency responders.
Integrated Operations
The total includes $9,400,000 for Integrated Operations.
This amount includes an increase above the request of
$8,000,000 to continue support for the National
Biosurveillance Integration Center, as authorized by Public
Law 110-53. Not later than 90 days after the date of
enactment of this Act, the Department shall submit a five-
year strategic plan that outlines NBIC's proposed
capabilities, objectives, a roadmap to achieving those
objectives, and performance metrics by which to measure
success. NBIC is encouraged to continue its engagement in
support of a visualization tool that incorporates data from
state and local entities that can serve as a bio-preparedness
tool for emergency response, emergency management, and law
enforcement at all levels of government.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
A total of $1,030,135,000 is provided for Operations and
Support.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support:
Regional Operations....................................... $156,417,000 $156,417,000
Mitigation................................................ 36,141,000 36,141,000
Preparedness and Protection............................... 131,981,000 131,981,000
Response and Recovery:
Response.............................................. 175,226,000 182,893,000
(Urban Search and Rescue)......................... (27,513,000) (35,180,000)
Recovery.............................................. 46,694,000 46,694,000
Mission Support........................................... 468,289,000 476,009,000
-------------------------------------------------
Subtotal, Operations and Support.................. $1,014,748,000 $1,030,135,000
(Defense)......................................... (42,945,000) (42,945,000)
----------------------------------------------------------------------------------------------------------------
[[Page H2560]]
Mitigation
The total includes $36,141,000 for Mitigation. This amount
includes not less than $8,758,000 for the National Earthquake
Hazards Reduction Program and not less than $9,186,000 for
the National Dam Safety Program.
Preparedness and Protection
The total includes $131,981,000 for Preparedness and
Protection.
FEMA is directed to provide detailed justification for all
technical assistance activities anticipated through
Preparedness and Protection for fiscal year 2020. The
justification shall include a clear description of each
program's intent and metrics to demonstrate whether the
program is achieving this intent.
FEMA is encouraged to consider whether support for the
Emergency Management Assistance Compact would be more
appropriately provided separately from the technical
assistance category.
Public Law 114-32 required FEMA's National Advisory Council
to complete its recommendations on the Railroad Emergency
Services Preparedness, Operational Needs, and Safety
Evaluation Act not later than December 16, 2017. Within 30
days of the completion of these recommendations, FEMA shall
brief the Committees on the recommendations identified and
its plans to implement them.
Response and Recovery
The total includes $229,587,000 for Response and Recovery.
The Administrator is urged to require all federal agencies
participating in the response to a presidentially-declared
disaster to follow and implement anti-human trafficking
preventive measures to ensure that post-disaster displaced
populations do not become targets for human trafficking.
Mission Support
The total includes $476,009,000 for Mission Support,
including an increase of $5,600,000 for critical technical
refreshes to FEMA's current financial management system.
FEMA is expected to remain focused on its cybersecurity and
information technology modernization efforts and to ensure
the Committees are informed of any significant changes to
program schedules or cost.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The total includes $85,276,000 for Procurement,
Construction, and Improvements.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Procurement, Construction, and Improvements:
Operational Communications/Information Technology......... $12,018,000 $12,018,000
Construction and Facility Improvements.................... 44,519,000 44,519,000
Mission Support Assets and Infrastructure................. 33,459,000 28,739,000
-------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. $89,996,000 $85,276,000
(Defense)............................................. (53,262,000) (53,262,000)
----------------------------------------------------------------------------------------------------------------
Operational Communications/Information Technology
The total includes $12,018,000 for Operational
Communications/Information Technology, which supports the
Integrated Public Alert and Warning System.
Construction and Facility Improvements
The total includes $44,519,000 for Construction and
Facility Improvements, of which $39,744,000 is for the Mount
Weather Emergency Operations Center.
Mission Support Assets and Infrastructure
The total includes $28,739,000 for Mission Support Assets
and Infrastructure, of which $8,698,000 is for Financial
Systems Modernization efforts.
FEDERAL ASSISTANCE
A total of $3,293,932,000 is provided for Federal
Assistance.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Federal Assistance:
Grants:
State Homeland Security Grant Program................. $349,362,000 $507,000,000
(Operation Stonegarden)........................... - - - (85,000,000)
(Nonprofit Security).............................. - - - (10,000,000)
Urban Area Security Initiative........................ 448,844,000 630,000,000
(Nonprofit Security).............................. - - - (50,000,000)
Public Transportation Security Assistance............. 47,809,000 100,000,000
(Amtrak Security)................................. - - - (10,000,000)
(Over-the-Road Bus Security)...................... - - - (2,000,000)
Port Security Grants.................................. 47,809,000 100,000,000
Assistance to Firefighter Grants...................... 344,344,000 350,000,000
Staffing for Adequate Fire and Emergency Response 344,344,000 350,000,000
(SAFER) Grants.......................................
Emergency Management Performance Grants............... 279,335,000 350,000,000
Predisaster Mitigation Fund........................... 39,016,000 249,200,000
Flood Hazard Mapping and Risk Analysis Program - - - 262,531,000
(RiskMAP)............................................
Emergency Food and Shelter............................ - - - 120,000,000
-------------------------------------------------
Subtotal, Grants.................................. $1,900,863,000 $3,018,731,000
Education, Training, and Exercises:
Center for Domestic Preparedness.................. 63,771,000 63,939,000
Center for Homeland Defense and Security.......... 17,966,000 18,000,000
Emergency Management Institute.................... 18,824,000 20,569,000
U.S. Fire Administration.......................... 41,913,000 42,900,000
National Domestic Preparedness Consortium......... - - - 101,000,000
Continuing Training Grants........................ - - - 8,000,000
National Exercise Program......................... 20,793,000 20,793,000
-------------------------------------------------
Subtotal, Education, Training, and Exercises...... $163,267,000 $275,201,000
-------------------------------------------------
Subtotal, Federal Assistance...................... $2,064,130,000 $3,293,932,000
----------------------------------------------------------------------------------------------------------------
Grants
The total includes $3,018,731,000 for Grants. FEMA grantees
shall continue to provide reports on their use of funds, as
determined necessary by the Secretary.
Within 60 days after the date of enactment of this Act,
FEMA is directed to consult with SLTT stakeholders regarding
the factors and data included in the current risk formula,
methods for including known evolving threats, and specific
processes for adjudicating formula concerns expressed by
applicants. Such concerns include, but are not limited to:
proximity to non-contiguous high-risk states and territories;
occurrences of soft targets; sinkhole subsidence before
infrastructure damage; potential impacts caused by
electromagnetic pulses; ballistic missile threats; amounts of
critical infrastructure; and command and control
capabilities. FEMA shall brief the Committees on the results
of this outreach.
FEMA, in cooperation with NPPD, DNDO, OHA, I&A, and other
components as appropriate, is directed to provide a report,
not later than 90 days after the date of enactment of this
Act, detailing the types of grant funding, technical
assistance, resources, program support, and any other types
of assistance that are currently available to SLTT
governments. The report shall include the purpose of each
type of assistance, a list of all agencies or components that
serve as subject matter experts in awarding assistance, and
what capability gap the assistance is trying to fill. Not
later than 30 days after the report is delivered to the
Committees, FEMA in conjunction with NPPD, DNDO, OHA, I&A,
and other components as appropriate, shall brief the
Committees on how assistance is coordinated among the
components, how it applies to national-level capability gaps,
and future plans for strategic coordination of assistance. In
determining strategic coordination, FEMA and the components
should seek assistance from stakeholders, such as the
National Homeland Security Consortium, which represents
multiple disciplines, and the International City/County
Management Association, which has subject matter expertise in
performance metrics for government programs.
FEMA and NPPD are directed to brief the Committees, not
later than 60 days after the date of enactment of this Act,
on the potential benefits and costs of establishing a joint
program office.
FEMA is directed to submit a report to the Committees, not
later than 90 days after the date of enactment of this Act,
on its efforts
[[Page H2561]]
through grants and training to address the unique challenges
faced by first responders related to the shipment of crude
oil by rail. The report shall describe the effectiveness of
current training programs and any need for additional
training or curriculum improvements.
State Homeland Security Grant Program. The total includes
$507,000,000 for the State Homeland Security Grant Program,
of which $85,000,000 is for Operation Stonegarden and
$10,000,000 is for nonprofit organizations.
Urban Area Security Initiative. The total includes
$630,000,000 for the Urban Area Security Initiative (UASI),
of which $50,000,000 is for nonprofit organizations.
Consistent with the 9/11 Act, FEMA shall conduct risk
assessments for the 100 most populous metropolitan
statistical areas prior to making UASI grant awards. It is
expected that UASI funding will be limited to urban areas
representing up to 85 percent of the cumulative national
terrorism risk to urban areas and that resources will
continue to be allocated in proportion to risk.
National Predisaster Mitigation Fund. The total includes
$249,200,000 for Predisaster Mitigation. Predisaster
Mitigation prevents loss of life and leads to significant
savings by mitigating risks, reducing damage from future
disasters, and lowering flood insurance premiums. This
funding level is an opportunity to advance capital projects
ready for investment that will reduce risks.
Flood Hazard Mapping and Risk Analysis Program. The total
includes $262,531,000 for the Flood Hazard Mapping and Risk
Analysis Program. This funding level will allow FEMA to
accelerate improvements to efforts to make flood risk maps
more accurate, including by accelerating light detection and
ranging mapping efforts.
Emergency Food and Shelter Program. The total includes
$120,000,000 for the Emergency Food and Shelter Program
(EFSP). Not later than 120 days after the date of enactment
of this Act, FEMA shall submit to the Committees a plan to
ensure EFSP aligns with overarching federal strategies to
meet the needs of hungry and homeless people. In order to
provide the Committees and the public with the data necessary
to ensure financial responsibility, the plan shall outline
the oversight procedures and metrics used to ensure effective
implementation.
Education, Training, and Exercises
The total includes $275,201,000 for Education, Training,
and Exercises. This amount includes $8,000,000 for Continuing
Training Grants, of which $3,000,000 is for rural first
responder training. The total also includes $42,900,000 for
the United States Fire Administration and full funding for
the State Fire Training Grants program.
FEMA is encouraged to continue to work with institutions
offering graduate level programs to address cybersecurity
needs of rural communities and their intersection.
DISASTER RELIEF FUND
A total of $7,900,720,000 is provided for the Disaster
Relief Fund (DRF), of which $7,366,000,000 is designated as
being for disaster relief for major disasters pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
FEMA shall brief the Committees on recommendations for
modifying the disaster declaration process to better focus
federal assistance on events during which SLTT capabilities
are truly overwhelmed or lives and property are at risk. The
briefing shall include an assessment of the suitability of
the per capita indicator, consideration of severe local
impacts of disasters, FEMA's ongoing analysis of the disaster
deductible model, and any other policy changes FEMA is
considering.
Disaster mitigation structures such as seawalls are deemed
public infrastructure if they are owned by a SLTT government,
unless clear ownership by a SLTT government cannot be
established. FEMA is encouraged to consider making Public
Assistance and Individual Assistance grant funding available
for repairs to disaster mitigation structures to the fullest
extent allowed by the Stafford Act.
NATIONAL FLOOD INSURANCE FUND
A total of $203,500,000 is provided for the National Flood
Insurance Fund.
Not later than 90 days after the date of enactment of this
Act, FEMA shall brief the Committees on efforts underway to
implement the Consumer Option for an Alternative System to
Allocate Losses Act (Public Law 112-141), related to flood
insurance reform and modernization, and shall detail all
ongoing collaboration with the National Oceanic and
Atmospheric Administration.
FEMA is encouraged to consider how to better leverage
partnerships with public-private, higher education, not-for-
profit, and other institutions with expertise in the
Community Rating System program through competitive grant
programs or other incentives.
FEMA is encouraged to maximize public awareness and
interaction when mapping or remapping an area to ensure maps
most accurately reflect real-time, local conditions.
FEMA is urged to implement the recommendations of the
Technical Mapping Assistance Council's 2015 and 2016 Annual
Reports, which recommended transitioning to structure-
specific flood risk analysis, incorporating high-resolution
topographic data into flood risk maps, and better
communicating current and future flood risk to property
owners. FEMA should coordinate with state agencies and other
experts that have developed mapping expertise and models that
can be useful in FEMA's efforts to understand future
conditions.
TITLE III--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 301. The bill continues a provision limiting
expenses for administration of grants.
Section 302. The bill continues a provision specifying
timeframes for certain grant applications and awards.
Section 303. The bill continues a provision specifying
timeframes for information on certain grant awards.
Section 304. The bill continues a provision that addresses
the availability of certain grant funds for the installation
of communications towers.
Section 305. The bill continues and modifies a provision
allowing reimbursement for the costs of providing
humanitarian relief to unaccompanied alien children and to
alien adults and their minor children to be an eligible use
for certain Homeland Security grants.
Section 306. The bill continues and modifies a provision
requiring a report on the expenditures of the DRF.
Section 307. The bill includes a new provision permitting
certain waivers to SAFER grant program requirements.
Section 308. The bill continues a provision providing for
the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
OPERATIONS AND SUPPORT
A total of $108,856,000 is provided in discretionary
appropriations for Operations and Support for E-Verify.
The Department, in consultation with the Department of
Labor, is directed to review options for addressing the
problem of unavailability of H-2B visas for employers that
need workers to start work late in a semiannual period of
availability and to report to the Committees on these options
not later than 120 days after the date of enactment of this
Act. Additionally, USCIS is directed to brief the Committees
on specific actions, if any, that the agency is taking to
reduce the backlog of asylum applications while ensuring that
asylum applicants are properly reviewed for eligibility and
for security purposes.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $22,657,000 is provided in discretionary
appropriations for Procurement, Construction, and
Improvements for E-Verify.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
A total of $254,000,000 is provided for Operations and
Support, of which $62,701,000 is made available until
September 30, 2019, for materials and support costs related
to federal law enforcement basic training.
The Federal Law Enforcement Training Centers (FLETC) shall
brief the Committees on a long-term housing plan for each of
its training campuses, to include any needs for new leasing
agreements; current and potential construction projects;
related future year budgetary impacts; and how FLETC can best
prepare to meet the demands of component hiring initiatives.
FLETC is also directed to continue its progress toward
identifying and integrating data that support an analytical
strategy for the most effective use of its resources. In
addition, FLETC shall demonstrate in its budget justification
materials how facility-use data helps its leadership make
evidence-based resource decisions.
Science and Technology
OPERATIONS AND SUPPORT
A total of $331,113,000 is provided for Operations and
Support.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Support:
Laboratory Facilities..................................... $92,243,000 $150,116,000
Acquisition and Operations Analysis....................... 42,552,000 46,245,000
Mission Support........................................... 119,823,000 134,752,000
-------------------------------------------------
Subtotal, Operations and Support...................... $254,618,000 $331,113,000
----------------------------------------------------------------------------------------------------------------
[[Page H2562]]
Laboratory Facilities
The total includes $150,116,000 for Laboratory Facilities.
The total fully restores funding for laboratories proposed
for closure, including continued operational costs of
$44,315,000 for the National Biodefense Analysis and
Countermeasures Center (NBACC); $1,900,000 for the Chemical
Security Analysis Center (CSAC); and $3,400,000 for the
National Urban Security Technology Laboratory (NUSTL). The
total also fully funds National Bio and Agro-defense Facility
(NBAF) operations, in accordance with the Department's life
cycle cost estimate.
DHS retains responsibility for completing construction of
NBAF. DHS is directed to maintain the ability to readily
execute the Management, Operations, and Research Support
contract through the end of fiscal year 2018 if DHS or USDA
determine that its utilization would expedite or enhance
NBAF's ability to be fully operational by December 31, 2022.
The fiscal year 2019 budget request proposes the continued
funding of NBACC operations and includes a change in the
business funding model to maintain and operate the
laboratory, under which S&T and the Federal Bureau of
Investigation would share budgetary responsibility of NBACC's
National Bioforensic Analysis Center (NBFAC). This cost-
sharing arrangement would result in a more efficient
operational model and ensure this national capability remains
available to help defend the United States against
bioterrorism threats. Further details on the long-term
strategy for NBACC, including NBFAC, should be included in
the report required by Public Law 115-91.
Acquisition and Operations Analysis
The total includes $46,245,000 for Acquisition and
Operations Analysis. This amount includes $3,000,000 for the
Office of Standards; $3,773,000 for Joint Requirements
Council (JRC) Support; $2,396,000 for Operational Test and
Evaluation; and $5,364,000 for Systems Engineering and
Research.
S&T is encouraged to continue to make its department-wide
perspective and technical expertise available to the JRC and
USM to support efforts to determine component capability
gaps, the maturity of technologies that could fill such gaps,
and the feasibility of cross-component solutions.
S&T is encouraged to explore a systems engineering research
partnership with the U.S. Army Corps of Engineers that could
streamline acquisition through modeling and simulation.
Mission Support
The total includes $134,752,000 for Mission Support. This
amount includes realignments from other S&T PPAs for the
Compliance Assurance Program Office, which provides support
and oversight to ensure DHS-funded activities are compliant
with relevant international agreements, federal regulations,
DHS policies, and related standards and guidance.
RESEARCH AND DEVELOPMENT
A total of $509,830,000 is provided for Research and
Development (R&D). S&T is directed to continue to prioritize
applied research activities that provide innovative solutions
to DHS, its components, and their primary stakeholders. To
promote unity of effort and cross-component commonality, S&T
should remain the central component for DHS research,
including research for other components. The Secretary is
directed to notify the Committees not less than 60 days in
advance of any reduction, discontinuation, or transfer of any
R&D activity currently being performed by S&T.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Research and Development:
Research, Development, and Innovation..................... $342,982,000 $469,330,000
University Programs....................................... 29,724,000 40,500,000
-------------------------------------------------
Subtotal, Research and Development.................... $372,706,000 $509,830,000
----------------------------------------------------------------------------------------------------------------
Research, Development, and Innovation
The total includes $469,330,000 for Research, Development,
and Innovation (RD&I).
Funding is provided to continue prior-year research and
development activities at S&T laboratories, including for
Bio-Threat Characterization, which is funded at $18,427,000;
Bio-Forensics R&D, which is funded at $5,682,000; CSAC R&D,
which is funded at $4,393,000; Multifunction Detectors, which
is funded at $3,099,000; Explosives and Radiation/Nuclear
Attack Resiliency, which is funded at $5,000,000; and Foreign
Animal Disease Vaccines, Diagnostics, and Countermeasures,
which is funded at $15,496,000.
Funding is also provided for new and other prior-year
research and development activities, including for the Next
Generation Cyber Infrastructure Apex Program, which is funded
at $14,000,000; Opioids/Fentanyl, which is funded at
$6,000,000; Cyber for Critical Infrastructure and Cyber for
Physical Systems, which are funded at $14,815,000; Modeling
and Simulation Apex Engine, which is funded at $3,876,000;
Enabling Unmanned Aerial Systems (UAS) Technologies, which is
funded at $4,000,000; Explosives Threat Assessment, which is
funded at $18,200,000; Cargo and Port of Entry Security
programs, which are funded at $31,326,000; the Silicon Valley
Innovation Program, which is funded at $10,000,000; Canine
Explosives Detection, which is funded at $8,269,000;
Partnership Intermediary Agreements, which is funded at
$3,000,000; and Aviation Cybersecurity, which is funded at
$3,000,000.
Within funding provided for the activities in the previous
paragraph, up to $3,000,000 is for a pilot program to utilize
university-based high performance computing capacity and
biological expertise to develop novel methodologies for
foreign animal disease research in support of the mission of
NBAF; up to $10,000,000 is to expand simulation-based cyber
event gaming tools for critical infrastructure sectors,
including the energy sector; up to $6,000,000 is to explore
technology and methods for detecting opioids and fentanyl,
including advanced container scanning systems with three-
dimensional views; up to $1,582,000 is to continue
collaboration with the Department of Energy on Cybersecurity
of Energy Delivery Systems; up to $5,000,000 is to conduct
advanced research using high resolution magnification to
examine emerging semiconductor technologies (including
microchips, light emitting diodes, batteries, and processors)
to improve cybersecurity by detecting potential structural
defects that could allow the unintended manipulation of
hardware; up to $2,000,000 is for maritime unmanned aerial
systems sensors and studies; up to $6,100,000 is for research
and development related to data visualization and emerging
analytics that can enhance non-intrusive inspection equipment
algorithms and for interactive graph visualization to better
identify criminal activity while expediting processing; up to
$2,500,000 is to continue development of thermoplastic
composite materials that reduce costs and improve intrusion
sensor integration for cargo containers in response to
Presidential Determination No. 2017-09; and up to $3,000,000
is for scientifically validated canine mobile sensing
technology for explosives detection, to be developed in
collaboration with academia, that integrates best scientific
practices in genetics, genomics, breeding, olfaction,
behavior, training, physiology, and metrology.
S&T is directed to brief the Committees not later than 60
days after the date of enactment of this Act on the proposed
allocation of RD&I funds. The briefing shall address the
planned use of funding provided above the request, including
plans related to S&T laboratories and for new or continued
collaboration with other relevant federal partners, academia,
and the private sector.
Not later than 90 days after the date of enactment of this
Act, S&T shall submit a plan for establishing the pilot
program for foreign animal disease research directed above.
S&T is encouraged to leverage cyber-event gaming tools that
have proven successful for the financial sector in improving
cybersecurity among key operators and decision makers.
Funding for Opioids/Fentanyl is made available by providing
the amount requested for Real-time BioThreat Awareness.
It is expected that the technologies developed in
collaboration with DOE on Cybersecurity of Energy Delivery
Systems will ultimately be transitioned to industry for
commercialization and deployment of more resilient electric
grid components and systems. S&T is encouraged to utilize
large scale electric power transmission test facilities and
to actively collaborate with operational utility providers.
In carrying out Modeling and Simulation Apex Engine and
Explosive Threat Assessment research activities, S&T is
encouraged to collaborate with U.S. Army Corps of Engineers
laboratories and to utilize high performance computing.
To the greatest extent practicable, funds for Enabling UAS
Technologies should be used to harness the resources and
expertise at the S&T Small UAS demonstration site, the
Federal Aviation Administration (FAA) UAS Center of
Excellence, and the FAA UAS test sites.
S&T is encouraged to coordinate its Biofutures activities
with the National Oceanic and Atmospheric Administration's
Emerging Toxins Program.
S&T is directed to prioritize collaborations with qualified
research universities in support of developing new approaches
on critical border security research topics to enhance the
security of the U.S. land and maritime borders.
S&T, in collaboration with NPPD and FEMA, is directed to
test and evaluate technologies that utilize high bandwidth,
portable, high frequency radio, antennas, and communication
systems within a small footprint to provide reliable and
interoperable communications capabilities for critical
facilities and infrastructure during emergencies. S&T shall
report its findings to the Committees not later than 120 days
after the date of enactment of this Act.
S&T is directed to place an increased focus on technology
transfer, which can lower the cost of new security-related
technology development and ensure that investments in
[[Page H2563]]
research and development benefit the economy and the
manufacturing base. Expanding the availability of highly-
qualified manufacturers can save money for the taxpayer and
the Department and more quickly deliver solutions and
equipment to end users.
Funding is provided for S&T to engage a Partnership
Intermediary or Intermediaries, as defined in 15 U.S.C. 3715,
to support the Department's ability to seek out, assess, and
engage non-traditional small business vendors as part of the
Department's development and acquisition efforts.
Intermediaries should have a successful history of leveraging
external networks and using innovative means to identify and
recruit small businesses and manufacturers to partner with
the Department on innovative solutions and technologies. This
effort should include, but should not be limited to,
providing technology assessments and design reviews for the
Department's development efforts. The Office of the Chief
Procurement Officer is directed to issue policy guidance
allowing contracting officers to obligate funding for such
partnerships.
University Programs
A total of $40,500,000 is provided for University Programs.
Due to funding constraints, the fiscal year 2018 budget
proposed to eliminate one Center of Excellence (COE) and to
not re-compete two other COEs. The total provided for
University Programs enables S&T to fund 10 COEs and continue
its current COE program. S&T shall notify the Committees
prior to eliminating any COEs. S&T is encouraged to
prioritize collaborations with qualified research
universities to support critical research topics in priority
areas, including maritime security, cross-border threat
screening, unmanned systems, counterterrorism, emerging
analytics, cybersecurity, first responder safety, and
critical infrastructure.
Domestic Nuclear Detection Office
OPERATIONS AND SUPPORT
A total of $54,664,000 is provided for Operations and
Support.
On October 6, 2017, the Department notified the Committees
that it intended to use its authority under section 872 of
the Homeland Security Act to consolidate DNDO, OHA, and a
number of activities and personnel from other components into
a new CWMD Office, effective December 5, 2017. Because of the
challenges associated with transitioning to new Treasury
accounts in the middle of a fiscal year, however, DHS did not
propose the transfer of OHA and DNDO funding into new CWMD
Office accounts. As a consequence, OHA and DNDO will continue
to operate and be funded as separate components during fiscal
year 2018.
An administrative provision is included in title V of this
Act to permit DHS to begin executing funds through new CWMD
appropriations accounts beginning on October 1, 2018, but
only subsequent to the enactment of legislation explicitly
authorizing the establishment of such an Office.
Language is included in this explanatory statement under
OHA--Operations and Support directing OHA and DNDO to adhere
to the DHS acquisition management process.
Language is included in this explanatory statement under
FEMA--Federal Assistance directing the submission of a report
on the types of assistance across DHS components available to
SLTT governments.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
A total of $89,096,000 is provided for Procurement,
Construction, and Improvements, including $2,000,000 above
the request to accelerate the procurement of two Radiation
Portal Monitor systems to initiate testing in the rail
environment.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Procurement, Construction, and Improvements:
Large Scale Detection Systems............................. $62,524,000 $64,524,000
Human Portable Rad/Nuclear Detection Systems.............. 24,572,000 24,572,000
-------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. $87,096,000 $89,096,000
----------------------------------------------------------------------------------------------------------------
RESEARCH AND DEVELOPMENT
A total of $145,661,000 is provided for Research and
Development, including $1,500,000 above the request for
research and development efforts related to active neutron
interrogation systems.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Research and Development:
Architecture Planning and Analysis........................ $15,937,000 $15,937,000
Transformational Research and Development................. 60,581,000 62,081,000
Detection Capability Development.......................... 15,155,000 15,155,000
Detection Capability Assessments.......................... 34,127,000 34,127,000
Nuclear Forensics......................................... 18,361,000 18,361,000
-------------------------------------------------
Subtotal, Research and Development.................... $144,161,000 $145,661,000
----------------------------------------------------------------------------------------------------------------
DNDO ``red teams'' test and evaluate radiation and nuclear
detection capabilities to identify and remediate deficiencies
in technique, equipment, training, and performance. DNDO
shall brief the Committees semiannually on its findings from
red team activities.
FEDERAL ASSISTANCE
A total of $46,019,000 is provided for Federal Assistance,
including $1,500,000 above the request to support DNDO's
state and local Preventive Radiological and Nuclear Detection
(PRND) programs.
DNDO shall expand support provided to state and local
governments to assess, plan for, and build capabilities to
manage their radiological and nuclear preparedness postures,
to include supporting the development of Threat Hazard
Identification and Risk Assessments and State Preparedness
Reports. In addition, DNDO shall provide implementation
support to the PRND Baseline Capability Framework currently
under development.
TITLE IV--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 401. The bill continues a provision allowing USCIS
to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The bill continues a provision prohibiting
USCIS from granting immigration benefits unless the results
of background checks are completed prior to the granting of
the benefits and the results do not preclude the granting of
the benefits.
Section 403. The bill continues a provision limiting the
use of A-76 competitions by USCIS.
Section 404. The bill continues a provision making
immigration examination fee collections totaling up to
$10,000,000 explicitly available for Immigrant Integration
grants.
Section 405. The bill continues a provision authorizing the
Director of FLETC to distribute funds for incurred training
expenses.
Section 406. The bill continues a provision directing the
FLETC Accreditation Board to lead the federal law enforcement
training accreditation process to measure and assess federal
law enforcement training programs, facilities, and
instructors.
Section 407. The bill continues a provision allowing the
acceptance of transfers from government agencies into
``Federal Law Enforcement Training Center--Procurement,
Construction, and Improvements''.
Section 408. The bill continues a provision classifying
FLETC instructor staff as inherently governmental for certain
considerations.
TITLE V--GENERAL PROVISIONS
(including rescissions and transfer of funds)
Section 501. The bill continues a provision directing that
no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The bill continues a provision providing
authority to merge unexpended balances of prior
appropriations with new appropriation accounts, to be used
for the same purpose, subject to reprogramming guidelines.
Section 503. The bill continues a provision limiting
reprogramming authority for funds within an appropriation and
providing limited authority for transfers between
appropriations. All components funded by the Department of
Homeland Security Appropriations Act, 2018, must comply with
these transfer and reprogramming requirements.
The Department must notify the Committees on Appropriations
prior to each reprogramming of funds that would reduce
programs, projects, activities, or personnel by ten percent
or more. Notifications are also required for each
reprogramming of funds that would increase a program,
project, or activity by more than $5,000,000 or ten percent,
whichever is less. The Department must submit these
notifications to the Committees on Appropriations at least 15
days in advance of any such reprogramming.
For purposes of reprogramming notifications, ``program,
project, or activity'' is defined as an amount identified in
the detailed funding table located at the end of this
statement or an amount directed for a specific purpose in
this statement. Also for purposes of reprogramming
notifications, the creation of a new program, project, or
activity is defined as any significant new activity that has
not been explicitly justified to the
[[Page H2564]]
Congress in budget justification material and for which funds
have not been appropriated by the Congress. For further
guidance when determining which movements of funds are
subject to section 503, the Department is reminded to follow
GAO's definition of ``program, project, or activity'' as
detailed in the GAO's A Glossary of Terms Used in the Federal
Budget Process. Within 30 days of the date of enactment of
this Act, the Department shall submit to the Committees a
table delineating PPAs subject to section 503 notification
requirements, as defined in this paragraph.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not
primarily intended to facilitate the implementation of new
programs, projects, or activities that were not proposed in a
formal budget submission. Transfers may not reduce accounts
by more than five percent or increase accounts by more than
ten percent. The Committees on Appropriations must be
notified 30 days in advance of any transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(b). In particular, the Secretary should ensure
that any such transfers adhere to the opinion of the
Comptroller General's decision in the Matter of: John D.
Webster, Director, Financial Services, Library of Congress,
dated November 7, 1997, with regard to the definition of an
appropriation subject to transfer limitations.
The Department shall submit notifications on a timely basis
and provide complete explanations of the proposed
reallocations, including detailed justifications for the
increases and offsets, and any specific impact the proposed
changes would have on the budget request for the following
fiscal year and future-year appropriations requirements. Each
notification submitted to the Committees should include a
detailed table showing the proposed revisions to funding and
FTE--at the account, program, project, and activity level--
for the current fiscal year, along with any funding and FTE
impacts on the budget year.
The Department shall manage its programs, projects, and
activities within the levels appropriated, and should only
submit reprogramming or transfer notifications in cases of
unforeseeable and compelling circumstances that could not
have been predicted when formulating the budget request for
the current fiscal year. When the Department submits a
reprogramming or transfer notification and does not receive
identical responses from the House and Senate Committees, it
is expected to reconcile the differences before proceeding.
The Department is not to submit a reprogramming or transfer
notification after June 30 except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property. If an above-threshold
reprogramming or a transfer is needed after June 30, the
notification should contain sufficient documentation as to
why it meets this statutory exception.
Deobligated funds are also subject to the reprogramming and
transfer limitations and requirements set forth in section
503.
Section 503(f) authorizes the Secretary to transfer up to
$20,000,000 to address immigration emergencies after
notifying the Committees of such transfer at least five days
in advance.
Section 504. The bill continues a provision by reference,
prohibiting funds appropriated or otherwise made available to
the Department to make payment to the Working Capital Fund
(WCF), except for activities and amounts allowed in the
President's fiscal year 2018 budget request. Funds provided
to the WCF are available until expended. The Department can
only charge components for direct usage of the WCF and these
funds may be used only for the purposes consistent with the
contributing component. Any funds paid in advance or for
reimbursement must reflect the full cost of each service. The
Department shall submit a notification prior to adding a new
activity to the fund or eliminating an existing activity from
the fund. For activities added to the fund, such
notifications shall detail the source of funds by PPA. In
addition, the Department shall submit quarterly WCF execution
reports to the Committees that include activity level detail.
Section 505. The bill continues a provision providing that
not to exceed 50 percent of unobligated balances from prior-
year appropriations for each Operations and Support
appropriation, the Coast Guard's Operating Expenses
appropriation, and amounts for salaries and expenses in the
Coast Guard's Reserve Training and Acquisition, Construction,
and Improvements accounts, shall remain available through
fiscal year 2018, subject to section 503 reprogramming
requirements.
Section 506. The bill continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2018 until the enactment of an Act authorizing
intelligence activities for fiscal year 2018.
Section 507. The bill continues a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations; grant awards;
contract awards, including contracts covered by the Federal
Acquisition Regulation; other transaction agreements; letters
of intent; task or delivery orders on multiple contract
awards totaling $1,000,000 or more; a task or delivery orders
greater than $10,000,000 from multi-year funds; or sole-
source grant awards. Notifications shall include a
description of the project or projects or activities to be
funded and the location, including city, county, and state.
If the Secretary determines that compliance would pose
substantial risk to health, human life, or safety, an award
may be made without prior notification but the Committees
shall be notified within 5 full business days after such
award or letter is issued.
Section 508. The bill continues a provision prohibiting all
agencies from purchasing, constructing, or leasing additional
facilities for federal law enforcement training without
advance notification to the Committees.
Section 509. The bill continues a provision prohibiting the
use of funds for any construction, repair, alteration, or
acquisition project for which a prospectus, if required under
chapter 33 of title 40, United States Code, has not been
approved.
Section 510. The bill continues a provision that includes
and consolidates by reference prior-year statutory provisions
related to a contracting officer's technical representative
training; sensitive security information; and the use of
funds in conformance with section 303 of the Energy Policy
Act of 1992.
Section 511. The bill continues a provision prohibiting the
use of funds in contravention of the Buy American Act.
Section 512. The bill continues a provision regarding the
oath of allegiance required by section 337 of the Immigration
and Nationality Act.
Section 513. The bill continues a provision prohibiting
funds for the Principal Federal Official during a Stafford
Act declared disaster or emergency, with certain exceptions.
Section 514. The bill continues a provision that precludes
DHS from using funds in this Act to carry out reorganization
authority. This prohibition is not intended to prevent the
Department from carrying out routine or small reallocations
of personnel or functions within components, subject to
section 503 of this Act. This section prevents large-scale
reorganization of the Department, which should be acted on
legislatively by the relevant congressional committees of
jurisdiction. Any DHS proposal to reorganize components that
is included as part of a budget request will be considered by
the Committees.
Section 515. The bill continues a provision prohibiting
funds for planning, testing, piloting, or developing a
national identification card.
Section 516. The bill continues a provision directing that
any official required by this Act to report or certify to the
Committees on Appropriations may not delegate such authority
unless expressly authorized to do so in this Act.
Section 517. The bill continues a provision prohibiting the
use of funds for the transfer or release of individuals
detained at United States Naval Station, Guantanamo Bay, Cuba
into or within the United States.
Section 518. The bill continues a provision prohibiting
funds in this Act to be used for first-class travel.
Section 519. The bill continues a provision prohibiting the
use of funds to employ illegal workers as described in
Section 274A(h)(3) of the Immigration and Nationality Act.
Section 520. The bill continues a provision prohibiting
funds appropriated or otherwise made available by this Act to
pay for award or incentive fees for contractors with below
satisfactory performance or performance that fails to meet
the basic requirements of the contract.
Section 521. The bill continues and modifies a provision to
make permanent a requirement that the Secretary ensure
screening of passengers and crews for transportation and
national security purposes are consistent with applicable
laws, regulations, and guidance on privacy and civil
liberties.
Section 522. The bill continues a provision prohibiting the
use of funds to enter into a federal contract unless the
contract meets requirements of the Federal Property and
Administrative Services Act of 1949 or chapter 137 of title
10 U.S.C., and the Federal Acquisition Regulation, unless the
contract is otherwise authorized by statute without regard to
this section.
Section 523. The bill continues and modifies a provision
providing $41,800,000 for financial systems modernization
activities, which the Secretary may transfer between
appropriations for the same purpose after notifying the
Committees at least 15 days in advance.
Section 524. The bill continues a provision requiring DHS
computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 525. The bill continues a provision regarding the
transfer of firearms by federal law enforcement personnel.
Section 526. The bill continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 527. The bill continues a provision prohibiting
funds to reimburse any federal department or agency for its
participation in a National Special Security Event.
Section 528. The bill continues a provision requiring a
notification, including justification materials, prior to
implementing any structural pay reform that affects more than
100 full-time positions or costs more than $5,000,000.
Section 529. The bill continues a provision directing the
Department to post on a public website reports required by
the Committees
[[Page H2565]]
on Appropriations unless public posting compromises homeland
or national security or contains proprietary information.
Section 530. The bill continues and modifies a provision
authorizing minor procurement, construction, and improvements
under Operations and Support accounts and U.S. Coast Guard--
Operating Expenses appropriations, as specified.
Section 531. The bill continues a provision related to the
Arms Trade Treaty.
Section 532. The bill includes a new provision to authorize
discretionary funding for primary and secondary schooling of
dependents in areas in territories that meet certain
criteria. The provision provides limitations on the type of
eligible funding sources.
Section 533. The bill continues a provision requiring the
Department to provide specific reductions in proposed
discretionary budget authority commensurate with revenue
assumed in the budget request from fees that have not been
authorized prior to the beginning of the budget year.
Section 534. The bill continues a provision providing
$41,000,000 for ``Federal Emergency Management Agency--
Federal Assistance'' to reimburse extraordinary law
enforcement personnel overtime costs for protection
activities directly and demonstrably associated with a
residence of the President that is designated for protection.
Section 535. The bill includes a new provision providing
authority for the Department to establish Common
Appropriations Structure accounts for the Coast Guard
beginning on October 1, 2018.
Section 536. The bill includes a new provision providing
authority for the Department to establish new appropriations
accounts for the CWMD Office and for the Cybersecurity and
Infrastructure Security Agency beginning on October 1, 2018,
but only subsequent to the enactment of legislation
explicitly authorizing the establishment of such Office.
Section 537. The bill includes a new provision to extend
existing authority vested with the Commandant to use
expedited hiring authority to recruit and appoint highly
qualified individuals to the acquisition workforce through
fiscal year 2018.
Section 538. The bill continues and modifies a provision
extending other transactional authority for the Department
through fiscal year 2018.
Section 539. The bill continues and modifies a provision
rescinding unobligated balances from specified programs.
Section 540. The bill continues and modifies a provision
rescinding unobligated balances made available to the
Department when it was created in 2003.
Section 541. The bill continues and modifies a provision
rescinding lapsed balances made available pursuant to section
505 of this Act.
Section 542. The bill continues and modifies a provision
rescinding specified funds from the Treasury Forfeiture Fund.
Section 543. The bill includes a new provision related to
flood protection systems.
Section 544. The bill includes a new provision regarding
certain limits on premium pay funded, either directly or
through reimbursement, by the ``Federal Emergency Management
Agency--Disaster Relief Fund'' during calendar year 2017.
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DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
The following statement is an explanation of the effects of
Division G, which makes appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related
agencies for fiscal year 2018.
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 115-
238 carries the same weight as language included in this
joint explanatory statement and should be complied with
unless specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
In instances where the House report speaks more broadly to
policy issues or offers views that are subject to
interpretation, such views remain those of the House and are
not affirmed by this explanatory statement unless repeated
herein. In cases where the House report or this explanatory
statement directs the submission of a report, such report is
to be submitted to both the House and Senate Committees on
Appropriations. Where this explanatory statement refers to
the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee
on Interior, Environment, and Related Agencies and the Senate
Subcommittee on Interior, Environment, and Related Agencies.
The Committees direct each department and agency funded in
this Act to follow the directions set forth in this Act and
the accompanying statement, and not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the Committees through the reprogramming process
as referenced in this explanatory statement. This explanatory
statement addresses only those agencies and accounts for
which there is a need for greater explanation than provided
in the Act itself. Funding levels for appropriations by
account, program, and activity, with comparisons to the
fiscal year 2017 enacted level and the fiscal year 2018
budget request, can be found in the table at the end of this
division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Committee Directives.--The Department of the Interior and
Forest Service are directed to continue the directions
included in the Explanatory Statement accompanying the
Consolidated Appropriations Act, 2017 (P.L. 115-31) relating
to Vacant Grazing Allotments; State Wildlife Data; Bighorn
Sheep; Land Grants, Acequias, and Community Ditches; and
Public Access.
Recreation Fee Authority.--The one-year extension of
recreation fee authority for the Department of the Interior
and U.S. Forest Service contained in the budget request and
included in both fiscal year 2018 House and Senate Interior,
Environment, and Related Agencies Appropriations bills was
included in the Continuing Appropriations Act, 2018 and
Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 (Public Law 115-56).
Making Litigation Costs Transparent.--The Department of the
Interior, EPA, and the Forest Service are directed to provide
to the House and Senate Committees on Appropriations, and to
make publicly available no later than 60 days after enactment
of this Act, detailed Equal Access to Justice Act (EAJA) fee
information as specified in the explanatory statement
accompanying Division G of the Consolidated Appropriations
Act, 2017 (Public Law 115-31).
White-Nose Syndrome.--The four Federal land management
agencies and the U.S. Geological Survey are expected to
continue to prioritize research on, and efforts to address,
white-nose syndrome in bats and to work with other Federal,
State, and non-governmental partners to implement the North
American Bat Monitoring Program.
Multi-Agency Transparency.--The Committees support
increasing transparency within all agencies of the Department
of the Interior, the Forest Service and the Environmental
Protection Agency. These agencies are encouraged to disclose
costs associated with analyses required by the National
Environmental Policy Act.
Paper Reduction Efforts.--The Committees urge the
Department of the Interior, EPA, Forest Service, and Indian
Health Service to work with the Office of Management and
Budget to reduce printing and reproduction costs and direct
each agency to report to the Committees within 90 days of
enactment of this Act on steps being undertaken to achieve
this goal and how much each agency expects to save by
implementing these measures.
Alaska National Interest Lands Conservation Act (ANILCA)
Training.--The Department of the Interior and the Forest
Service shall follow the directive in Senate Report 114-281
regarding ANILCA training for agency employees.
Transparency of Information.--The Committees expect that
Federal agencies funded under this Act shall, to the extent
practicable, clearly state within materials used for
advertising or educational purposes that the communication is
funded by taxpayer dollars.
Fleet Management Practices.--Agencies shall provide
supporting documentation on their methods for determining
their optimal fleet inventories and justification for any
deviation from the General Services Administration's Federal
Property Management Regulations upon request of the
Committees. Agency inspectors general shall provide results
from audits of fleet management practices and make them
publicly available.
Invasive Species.--The Department of the Interior is
directed to provide a written report to the Committees within
180 days of enactment of this Act, detailing the funds
appropriated and expended, actions taken, and outputs
achieved for the early detection of and rapid response to
invasive species, as prescribed in the National Invasive
Species Council Management Plan, 2016-2018.
Delivery of Reports and Correspondence.--All reports,
correspondence, and reprogramming requests from the agencies
to the Committees shall be provided in both physical and
electronic formats.
Youth Partnership Programs.--The Secretary of the Interior
and the Secretary of Agriculture are encouraged to utilize,
where practicable, youth partnership programs like the Public
Lands Corps, Youth Conservation Corps, Student Conservation
Association, Job Corps and other related partnerships with
Federal, State, local, tribal or non-profit groups that serve
young adults.
Land and Water Conservation Fund.--The agreement includes
$425,000,000 derived from the Land and Water Conservation
Fund (LWCF) for programs consistent with chapter 2003 of
title 54 of the United States Code, as identified in the
table below.
----------------------------------------------------------------------------------------------------------------
FY 2017 Enacted Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
Land and Water Conservation Fund....................... $400,000,000 $64,040,000 $425,000,000
State, Local and Forest Legacy Programs............ 211,151,000 11,524,000 224,731,000
National Park Service State Assistance......... 110,006,000 3,043,000 124,006,000
Coop. Endangered Species Conservation Fund..... 30,800,000 0 19,638,000
American Battlefield Protection Act............ 10,000,000 8,481,000 10,000,000
Highlands Conservation Act..................... 10,000,000 0 10,000,000
Forest Legacy Program.............................. 62,347,000 0 67,025,000
Rescission..................................... -12,002,000 0 -5,938,000
Federal Land Acquisition........................... 188,849,000 52,516,000 200,269,000
Bureau of Land Management...................... 31,416,000 3,609,000 24,916,000
Fish and Wildlife Service...................... 49,995,000 17,051,000 53,839,000
National Park Service.......................... 42,023,000 14,856,000 46,935,000
Forest Service................................. 54,415,000 7,000,000 64,337,000
Department of the Interior Valuation Services.. 11,000,000 10,000,000 10,242,000
----------------------------------------------------------------------------------------------------------------
There is bipartisan support for the Land and Water
Conservation Fund and this agreement includes funding for
State assistance and new land acquisition projects. The
Committees expect the agencies to move forward with all
projects specifically identified and funded through this
agreement and those funded in previous fiscal years; to
utilize funding in a timely manner; and to seek Congressional
approval for reprogramming unobligated balances if
applicable. Agencies are directed to continue their
longstanding process of identifying and prioritizing
potential Federal land acquisition projects in anticipation
of program appropriations as consistent with previous years.
Within 30 days of enactment of this Act, each agency is
directed to submit to the Committees a prioritized list of
projects for fiscal year 2019 consideration. In future years,
the agencies are directed to submit their lists within 30
days of the President's budget submission to Congress.
The Committees believe increasing access to our public
lands for hunting, fishing, and other recreational activities
is important and again include funding for these projects.
The Committees expect recreational access projects to be
selected based on their role in meeting key recreation needs
and the agencies should work with their respective regions,
State offices, and/or management units to identify potential
projects. The Committees are to be informed about the
selection process and how the agencies are meeting the
outlined objectives prior to proceeding with projects.
Further, the agencies are again directed to include in future
budget justifications an explanation of the process used for
allocating funds for recreational access in the previous
year.
National Ocean Policy.--The Committees direct the
Department of the Interior to identify by agency and account,
and submit no later than 60 days after enactment of this Act,
all funding and associated actions in the
[[Page H2610]]
President's budget submission for fiscal year 2019, proposed
for the implementation of the coastal and marine spatial
planning and ecosystem-based management components of the
National Ocean Policy developed under Executive Order 13547.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department
of the Interior, Environment, and Related Agencies
Appropriations Act. The Committees remind the agencies funded
in this Act that these reprogramming guidelines are in
effect, and must be complied with, until such time as the
Committees modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item, or program area, to
another within any appropriation funded in this Act. In cases
where either the House or Senate Committee report displays an
allocation of an appropriation below that level, that more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to
the organization table presented in the budget justification
shall be subject to this requirement.
The Committees are aware that agencies funded by this Act
are currently working to implement Executive Order 13781, a
Comprehensive Plan for Reorganizing the Executive Branch, and
have included in the fiscal year 2019 budget request a number
of significant reorganization proposals for the Committees'
consideration. The Committees are also aware of reports that
agencies funded by this Act may be weighing additional
organizational changes during the remainder of this fiscal
year. Agencies are reminded that this agreement continues
longstanding General Guidelines for Reprogramming that
require agencies funded by this Act to submit reorganization
proposals for Committee review prior to their implementation.
It is noted that such reprogramming guidelines apply to
proposed reorganizations, workforce restructure, reshaping or
transfer of functions presented in the budget justifications,
or bureau-wide downsizing, especially those of significant
national or regional importance, and include closures,
consolidations, and relocations of offices, facilities, and
laboratories presented in the budget justifications. In
addition, no agency shall implement any part of a
reorganization that modifies regional or State boundaries for
agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated
personnel impacts and funding changes anticipated to
implement the proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs or projects, whichever amount is less, with the
following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than
60 days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants, or up to a cumulative total of
$30,000,000 from carryover balances among the individual
program areas delineated in the Environmental Programs and
Management account. No funds, however, shall be reallocated
from individual Geographic Programs.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees on Appropriations in
the budget justifications and are subsequently approved by
the Committees. The explanation for any assessment in the
budget justification shall show the amount of the assessment,
the activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) The Committees direct that each agency or bureau which
utilizes assessments shall submit an annual report to the
Committees which provides details on the use of all funds
assessed from any other budget activity, line item,
subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress, or to finance programs or activities
that could be foreseen and included in the normal budget
review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations.
This restriction applies to all such actions regardless of
whether a formal reprogramming of funds is required to begin
the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall
be reported to the Committees within 60 days of the end of
each quarter and shall include cumulative totals for each
budget activity, budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.
Fiscal Year 2019 Process.--Historically, the Interior,
Environment, and Related Agencies Appropriations Act has not
included reprogramming direction in bill language. However,
this historical practice is not consistent with the majority
of other Appropriations subcommittees' bills. Therefore, the
Committees plan to consider including bill language in fiscal
year 2019. The agencies are therefore strongly encouraged to
work collaboratively with the Committees to develop language
in order to avoid any barriers to implementation.
TITLE I--DEPARTMENT OF THE INTERIOR
bureau of land management
management of lands and resources
Bureau of Land Management Directives.--The Bureau is
reminded of the importance of the directives included in
House Report 115-238 not addressed herein, as well as the new
directives in this explanatory statement, including the front
matter.
The agreement provides $1,166,043,000 for Management of
Lands and Resources. Within this amount, the agreement
includes an additional $50,000,000 for deferred maintenance.
The Committees direct that the Bureau provide a report no
later than October 1, 2018, on the projects to be funded with
this funding. The Committees also note that there is
$5,465,000 in unobligated balances in the Construction
appropriation, which was discontinued in fiscal year 2014. To
augment the new funds for deferred maintenance, the Bureau is
directed to utilize these Construction funds for deferred
maintenance projects and to submit a reprogramming request to
the Committees, as necessary, to fully obligate the prior
year balances in fiscal year 2018.
In addition to the funding allocation table at the end of
this explanatory statement, the agreement includes the
following instructions:
Wild Horses and Burros.--The Committees are extremely
disappointed that the Department has failed to provide a
comprehensive plan, as directed by the Consolidated
Appropriations Act, 2017 (P.L. 115-31) to address
[[Page H2611]]
the fast-rising costs of the Wild Horse and Burro program and
overpopulation of wild horses and burros on the range. The
failure to address these problems is irresponsible and will
result in irreparable damage to the landscape and the welfare
of the animals protected by the Wild Free-Roaming Horse and
Burro Act. The Committees reiterate their belief that there
is no one solution to the problems with this program, and
that Congress and the Administration must work together to
correct them. Until the Department provides a comprehensive
plan and any corresponding legislative proposals to the
appropriate authorizing committees, the Committees will
maintain the existing prohibitions and reduce the resources
available for the program. Reprogramming requests will only
be considered for urgent needs. At a minimum, the Committees
expect a science-based, detailed plan that 1) reduces the
complexity and cost of contracting policies and procedures;
2) eliminates unnecessary environmental reviews; 3)
simplifies and expands the use of partnerships and
cooperative agreements; 4) identifies statutory and
regulatory barriers to implementing the plan; and 5) has the
goal of reducing costs while improving the health and welfare
of wild horses and burros, and the range. The Committees
direct the Department to provide the report within 30 days of
enactment of this Act.
Greater Sage-grouse.--The agreement provides $60,000,000
for greater sage-grouse and related sage-steppe conservation
activities. This is equal to the amount of base funding
provided in fiscal year 2017. The Bureau is encouraged to
continue working with States and other interested entities on
the existing sage-grouse conservation plans and to improve
the condition of the sage-steppe ecosystem.
Energy and Minerals.--The agreement provides sufficient
funding, within the total made available, to complete the
next cluster of legacy well remediation. Congress is closely
following the litigation regarding the Waste Prevention,
Production Subject to Royalties, and Resource Conservation
regulation and directs the Bureau to provide a report on the
costs and staffing needs associated with it, within 30 days
of enactment of this Act, to help the Committees prepare for
the fiscal year 2019 appropriations process.
Onshore Orders #3 and #4.--The Committees are aware that
the Bureau is working with affected industries and other
interested stakeholders regarding these Orders and expect
that the Bureau will expeditiously resolve any remaining
issues consistent with current law.
Required Reports.--The Bureau is reminded that the reports
to Congress required by 42 U.S.C. 15924(e) are due on
February 1 annually, and therefore is directed to submit the
reports for 2016 and 2017 no later than 30 days after the
date of enactment of this Act.
Realty and Ownership Management.--The agreement provides
$1,000,000 for surveys along the Red River in Oklahoma and
Texas.
Chaco Canyon Regional Management Plan.--The Bureau is
directed to continue its collaborative work with the Bureau
of Indian Affairs in the Greater Chaco Canyon area and to
maintain current management practices surrounding Chaco
Culture National Historical Park while a new resource
management planning process to protect cultural and
historical resources is completed.
Rio Puerco Watershed.--The Bureau is encouraged to continue
supporting the Rio Puerco Watershed Committee's work to
identify and implement projects to restore the watershed.
Resource Management Planning.--The agreement provides
$60,125,000 for resource management planning, which is
$8,000,000 above the fiscal year 2017 level. The Bureau is
directed to focus these additional resources on greater sage-
grouse, sage-steppe, and other high priority conservation
areas.
Committee Directives.--The Bureau is directed to continue
to follow the directions included in the explanatory
statement accompanying the Consolidated Appropriations Act,
2017 (P.L. 115-31) related to Cooperative Efforts in Alaska,
Tribal Coordination, and Red River Land Ownership. The Bureau
also is directed to comply with the timelines required in the
Alaska National Interest Land Conservation Act (ANILCA) and
complete environmental reviews, after local consultation and
subsistence impact reviews, as it relates to the
consideration of the application for the road from Dalton
Highway to the Ambler Mining District, as well as continue
the directions included in the explanatory statement
accompanying the Consolidated Appropriations Act, 2016 (P.L.
114-113) related to placer mining.
Soda Ash.--The Committees are concerned about maintaining
the United States' global competitiveness in the production
of natural soda ash. The United States contains approximately
90 percent of the world's natural soda ash deposits, while
many international competitors are producing synthetic soda
ash using more energy and generating higher emissions than
natural soda ash production. Therefore, the Committees expect
the Bureau to consider using its authority to reduce the
Federal royalty rate for soda ash to 2 percent.
LAND ACQUISITION
The bill provides $24,916,000 for Land Acquisition. The
amounts provided by this bill compared with the budget
estimates by activity and project are shown in the table
below, listed in priority order pursuant to the project list
received for fiscal year 2018. Further instructions are
contained under the Land and Water Conservation Fund heading
in the front of this explanatory statement.
The Committees note that almost none of the fiscal year
2017 land acquisition funding for the Bureau has been spent
through the first quarter of fiscal year 2018, and are
concerned about delays in project completions. The Committees
expect all projects, particularly those in project areas
identified by Congress in this report and in previous fiscal
years, to be completed as expeditiously as possible.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
ID......................................... Upper Snake/South Fork Snake ................. $1,800,000
ACEC/SRMA.
OR......................................... North Umpqua Wild and Scenic ................. 1,500,000
River.
CA......................................... Mojave Trails National ................. 1,400,000
Monument.
WY......................................... North Platte River SRMA...... ................. 4,000,000
NM......................................... Rio Grande del Norte National ................. 900,000
Monument.
ID......................................... Salmon River SRMA............ ................. 700,000
UT......................................... Red Cliffs National ................. 3,000,000
Conservation Area.
-------------------------------------
Subtotal, Line Item Projects. ................. 13,300,000
Budget Request This Bill
Recreational Access.......... 0 8,000,000
Emergencies, Hardships, and 1,613,000 1,616,000
Inholdings.
Acquisition Management....... 1,996,000 2,000,000
-------------------------------------
Total, BLM Land Acquisition.. 3,609,000 24,916,000
----------------------------------------------------------------------------------------------------------------
OREGON AND CALIFORNIA GRANT LANDS
The agreement provides $106,985,000 for Oregon and
California Grant Lands, to be distributed as displayed in the
funding allocation table at the end of this explanatory
statement.
RANGE IMPROVEMENTS
The agreement provides $10,000,000 to be derived from
public lands receipts and Bankhead-Jones Farm Tenant Act
lands grazing receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The agreement provides an indefinite appropriation
estimated to be $24,595,000 for Service Charges, Deposits,
and Forfeitures.
MISCELLANEOUS TRUST FUNDS
The agreement provides an indefinite appropriation
estimated to be $24,000,000 for Miscellaneous Trust Funds.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
The bill provides $1,279,002,000 for Resource Management.
All programs and activities, including youth programs and
cooperative recovery grants, are funded at the amounts
proposed in the budget request to the Congress unless
otherwise specified below or in the table at the end of this
division. The Service is expected to comply with the
instructions and requirements at the beginning of this
division, in addition to the following:
Endangered Species Act (ESA).--The Committees support and
reiterate the guidance and directives beginning on page 12 of
House Report 115-238, aimed at improving and increasing
collaboration with States and other partners in all stages of
ESA implementation. Such collaboration ensures lasting
conservation success and upholds the integrity of the ESA,
which is premised upon the Federal Government working with
the States and other partners to recover species and
subsequently remove Federal protections.
As the Service indicated in its fiscal year 2017 budget
request, ``Given the growing number of listed species--
limited resources force the Recovery Program to make
difficult tradeoffs among these activities including 5-year
reviews, developing recovery plans, implementing recovery
actions, delisting and downlisting, all of which are
necessary to achieve recovery.'' Such tradeoffs have led to
backlogs of 837 species (53 percent) without a current 5-year
review, and 49 species awaiting downlisting or delisting, and
have contributed to a common sentiment that, once a species
is put on the list, it doesn't come off. Such sentiment has
made for reluctant State and local partners, adding further
strain to the Service's budget and making recovery more
difficult. Though the Service is to be commended for having
made progress on these backlogs in recent
[[Page H2612]]
years, it cannot eliminate these backlogs without additional
help.
Flexibilities already inherent in the ESA allow the Service
to collaborate and benefit from partner expertise and on-the-
ground conservation, and the Service, to its credit, already
does a considerable amount of that in some regions. But the
Committees also recognize that several States and non-
governmental partners have indicated a willingness to
increase their involvement when the Federal Government is a
willing and equal partner. The aim of this fiscal year 2018
appropriation is twofold: 1) to foster a more open,
transparent, and collaborative ESA process; and 2) to begin
to shift the workload by incentivizing increased involvement
by States and other partners in activities such as species
status assessments, and recovery planning and implementation,
so the Service can prioritize the ESA responsibilities that
are inherently Federal.
Ecological Services.--The agreement provides $247,825,000
for programs and activities within Ecological Services, as
discussed below.
Listing.--The agreement provides $18,818,000 for status
assessments, listings, critical habitat determinations, and
related activities. Bill language funding limitations are
consolidated under one cap.
The Committees urge the Service to avoid entering into any
multi-species settlement agreement unless the State and local
governments where the species are located are a party to that
agreement.
The Service is urged to continue to follow the guidance
contained in House Report 114-170 regarding the yellow-billed
cuckoo.
The Service is directed to develop a plan to improve
transparency of the underlying data it uses to make
determinations for species listings and de-listing activities
before the end of fiscal year 2018, including details on how
the Service will publish data and materials used in listing
determinations on the Internet and improve what is currently
available on www.regulations.gov and the Service website.
The Committees expect the Service to work with the States
to develop a more reasonable policy whereby the Service's
regulatory assurance criteria include responsible land
management commitments by private landowners, as described in
further detail in House Report 115-238.
The Committees are concerned that the Service has not fully
incorporated traditional Tribal knowledge in its
implementation of the ESA. When appropriate, the Committees
expect the Service to make every effort to incorporate
traditional knowledge in ESA decisions. The Committees also
expect the Service to engage in additional outreach to Tribal
governments in circumstances where traditional knowledge may
provide valuable information, including for species like the
northern sea otter. The Service should brief the Committees
on its efforts regarding traditional knowledge within 60 days
of enactment of this Act.
Planning and Consultation.--The agreement provides
$105,579,000 for project permitting and consultation
activities. A program increase of $2,500,000 is included to
avoid permitting delays and to achieve compliance with other
statutes, and should be apportioned in accordance with
workload needs nationwide rather than by region. Funding for
all other program elements within this subactivity are
restored to the fiscal year 2017 enacted levels, including
$4,000,000 for Gulf Coast restoration. Because the Committees
have provided substantial resources for Gulf Coast
restoration, the Service is expected to move forward with
project reviews in a timely manner. The Service is also
encouraged to evaluate establishing a reimbursement policy to
recover costs for work required by statute for projects
funded by future disaster settlements.
The Committees support the continuation of collaborative
efforts in the Pacific Northwest with the National Marine
Fisheries Service, the Washington Department of Fish and
Wildlife, and affected Tribes that will result in the
completion of all Puget Sound hatchery program consultations
by the Fall, 2018.
The Service is encouraged to place a priority on providing
technical assistance to partners making good faith efforts to
develop and implement responsible habitat conservation plans
as authorized by the ESA.
The Service is urged to address consultations and
permitting of public and private projects related to the
Preble's meadow jumping mouse as one of the highest
priorities.
Conservation and Restoration.--The agreement provides
$32,396,000 for conservation and restoration activities.
Funding for all program elements within this subactivity are
restored to the fiscal year 2017 enacted levels.
The Service is expected to focus Candidate Conservation
funding on the annual Candidate Notice of Review as required
by the ESA, providing technical assistance to States and
others, and developing agreements that provide regulatory
certainty to landowners. The Service should look to its other
programs and its partners to fund and implement conservation
activities on the ground. The Service is commended for its
efforts in the Southeast to work with States and others to
preclude the need to list many of the hundreds of species
recently petitioned for listing, and is expected to expand
this model nationwide.
Recovery.--The agreement provides $91,032,000 for
activities in support of the recovery and delisting of
threatened and endangered species, with continued funding for
the following program elements at or above the fiscal year
2017 enacted levels: Bay Delta, $1,659,000; white nose
syndrome, $2,000,000; State of the Birds, $3,000,000; and the
wolf-livestock loss demonstration program, $1,000,000. States
with de-listed wolf populations shall continue to be eligible
for funding, provided that those States continue to meet the
eligibility criteria contained in Public Law 111-11.
General program activities are funded at $74,000,000. The
Service is expected to focus the funds on inherently Federal
activities such as recovery plan approvals, the backlog of
five-year reviews, status changes, and associated
collaboration with States and other partners. An additional
$4,373,000 is provided to propose and finalize rules for the
backlog of species with completed 5-year reviews that
recommend delisting and downlisting.
In developing and implementing recovery plans, the Service
is directed to make full use of its authority under section
4(f)(2) of the ESA to ``procure the services of appropriate
public and private agencies and institutions, and other
qualified persons.'' While recovery plan approval and
delisting decisions ultimately rest with the Service and make
collaboration essential to success, plan development and
implementation are not inherently Federal. Species recovery
is a shared responsibility that does not default to the Fish
and Wildlife Service. Where able partners are willing to
increase or lead these efforts, the Service is expected to
shift to supportive roles through technical assistance and
cost-shared grants.
To expand partnerships through cost-shared grants, the
agreement includes program increases within the Cooperative
Endangered Species Conservation Fund and State and Tribal
Wildlife Grants. In addition, $5,000,000 is provided in
Resource Management for Recovery Challenge matching grants to
enhance and increase partnerships with agencies and
organizations implementing highest priority recovery actions
as prescribed in recovery plans, and in particular for
genetically-sound breeding, rearing, and reintroduction
programs. Longstanding partnerships, including for the
northern aplomado falcon, California condor, and Steller's
eider, should be funded at not less than $2,000,000 and
partner contributions should be not less than their current
amounts. The remaining funds should be dedicated to new
partnerships and should require a 50:50 match, which may
include in-kind services. Unless an affected State is a
partner on the project, none of the funds may be awarded to a
project until the project partners have consulted with such
State. The Service is strongly encouraged to transfer similar
recovery plan implementation partnerships to Recovery
Challenge grants in future budget requests, so that all other
Recovery funds in the Resource Management account are
prioritized to ensure accomplishment of inherently Federal
functions.
The Service is urged to work with the State of Utah on a
mutually agreeable plan to recover the Utah prairie dog, as
discussed in House Report 115-238.
The Committees are aware that the Service is currently
undertaking a required status review of the American Burying
Beetle to determine whether listing as an endangered species
is still warranted. Within funds provided, the Service is
directed to propose a rule by the end of the fiscal year to
delist or downlist the American Burying Beetle should the
status review make a finding that delisting or downlisting is
warranted.
The Committees acknowledge the important roles that science
and Federal wildlife biologists have in the Service's
decisions to recover species. The Service's Science program
is directed to initiate a study not later than 90 days after
the date of enactment of this Act, through a qualified
independent entity such as the Smithsonian Institution, to
determine whether or not animals currently classified as red
wolves and Mexican gray wolves are taxonomically valid
species and subspecies designations, respectively. The study
shall include publication of a scientific literature review,
including genetic research, not later than one year after the
date of enactment of this Act and, if the literature is
inconclusive, shall include any additional necessary research
and publication not later than three years after the date of
enactment of this Act. In the meantime, the Service's
Recovery program is reminded of its legal mandate to
cooperate to the maximum extent practicable with the States,
especially when there has been conflict between species and
private property owners. As such, the Service is directed to
continue working closely with the North Carolina Wildlife
Resources Commission on management of red wolves in fiscal
year 2018.
The Service should seek the most current science as it
works to implement the agreement between the United States
and the Russian Federation on management of the Alaska-
Chukotka Polar Bear Population. The Service is expected to
consult with and incorporate traditional knowledge from
Alaska Native Organizations on matters related to subsistence
hunting, and to work with Alaska Native Organizations and
other wildlife management organizations with expertise in
subsistence hunting to implement a civil-based, co-management
regime.
Habitat Conservation.--The agreement provides $65,008,000
for habitat conservation programs, of which $51,633,000 is
for the Partners for Fish and Wildlife program and
[[Page H2613]]
$13,375,000 is for the Coastal Program. All program elements
within these two subactivities are restored to fiscal year
2017 enacted levels, except as discussed in the opening
paragraph, including $1,285,000 for fisheries enhancement.
The Chesapeake Bay Nutria Eradication Project is funded at
$1,725,000.
National Wildlife Refuge System.--The agreement provides
$486,757,000 for the National Wildlife Refuge System and
maintains subactivities and program elements at fiscal year
2017 enacted levels, except where identified in the opening
paragraph or described below.
Wildlife and Habitat Management.--The agreement includes:
$2,835,000 to manage subsistence fishing and hunting;
$10,000,000 for invasive species, including $75,000 for the
Chesapeake Bay Nutria Eradication Project; $1,500,000 for the
Pacific Remote Islands Marine National Monument; and
$196,089,000 for general program activities which includes
the absorption of the former Healthy Habitats and Populations
initiative.
The agreement supports the directive in House Report 114-
632 instituting signage on any individual refuge where
trapping occurs and establishing guidance to be included in
the refuge manual. Until the Committees are notified in
writing that all directives are complied with, $2,000,000 of
the funding provided for Wildlife and Habitat Management is
not available for obligation.
The Service is reminded of the directive contained in House
Report 115-238 regarding the Comprehensive Everglades
Restoration Plan.
The Service is expected to follow the directive from
previous fiscal years that prohibits a caribou hunt on
Kagalaska Island and efforts to remove cattle on Chirikof and
Wosnesenski Islands in the State of Alaska.
Visitor Services.--The agreement includes $2,000,000 for
the youth program. Funding has been provided to continue the
Urban Wildlife Refuge Partnership program at the fiscal year
2017 enacted level and to support efforts to promote
conservation in urban areas. The Committees encourage the
Service to consider prioritizing funding for a new visitor
center at the Canaan Valley National Wildlife Refuge. The
Service is directed to brief the Committees on options for
preserving historic aircraft located within the World War II
Valor in the Pacific National Monument on Atka Island in
Alaska within 90 days of enactment of this Act. The
Committees encourage the Service to work with local
stakeholders and consider prioritizing enhancements at the
Wheeler National Wildlife Refuge in its internal budget
processes--including new trails, visitor center exhibits, and
other infrastructure priorities--to improve the visitor
experience for the increasing number of visitors at the
refuge.
Conservation Planning.--The Service is encouraged to work
with affected landowners to address concerns about the
acquisition boundary for Bitter Creek National Wildlife
Refuge, as discussed in House Report 115-238.
The agreement directs the Service to approve the
establishment of the Green River National Wildlife Refuge in
the Green River Bottoms area near the confluence of the Green
River and Ohio River in Henderson County, Kentucky. The
refuge should consist of approximately 24,000 acres--to be
acquired from willing landowners. The Service should partner
with other stakeholders on establishment of the refuge and
look for opportunities related to environmental mitigation
for interstate bridge construction projects in the area. The
Service is directed to wait to establish final boundaries of
the refuge until the new I-69 interstate bridge corridor is
selected. Within 120 days of the date of enactment of this
Act, the Service is directed to report to the Committees on
its progress toward establishment of the refuge.
Refuge Maintenance.--The agreement includes $42,901,000 to
reduce the backlog of deferred maintenance and $649,000 to
continue the Youth Conservation Corps. The Service is
encouraged to consider prioritizing repairs of water control
structures at the Don Edwards San Francisco Bay National
Wildlife Refuge.
Conservation and Enforcement.--The agreement provides
$141,290,000 for other conservation and enforcement programs
as described below.
Migratory Bird Management.--The agreement provides
$48,421,000 to continue all Migratory Bird Management
programs at or above fiscal year 2017 enacted levels,
including: $2,000,000 for aviation safety; $350,000 to manage
bird-livestock conflicts; and $3,424,000 to expedite permits.
The Service is commended for its efforts to work with
landowners to reduce black vulture predation on livestock.
Law Enforcement.--The agreement provides $77,053,000 to
continue all law enforcement programs at fiscal year 2017
enacted levels and includes a $2,000,000 increase for
wildlife inspectors at ports currently without personnel, in
order to deter illegal activities and to ensure that legal
trade is not significantly slowed because of a lack of
Service personnel. Wildlife trafficking enforcement
activities continue to be funded at $7,500,000, which may
also be used as needed to supplement inspections. The Service
is directed to enforce illegal logging violations pursuant to
the Lacey Act. From within general program activities,
funding is provided to continue the Service's work with the
Indian Arts and Crafts Board to combat international
trafficking of counterfeit arts and crafts and to conduct
criminal investigations of alleged violations of the Indian
Arts and Crafts Act.
The Committees support efforts outlined in House Report
115-238 for the Service to collaborate with U.S. Customs and
Border Protection on the Automated Commercial Environment
(ACE).
International Affairs.--The agreement provides $15,816,000
and continues all program elements at the fiscal year 2017
enacted levels, including $550,000 to support the Arctic
Council.
As outlined in House Report 115-238, the Committees
encourage the Service to continue to work with stakeholders
to address their concerns related to international trade in
wood and wood products and advance efforts to develop a
domestic electronic permitting system and an electronic form
for data collection to expedite processing of licit imports
and exports of these products.
The Committees recognize the Service's work with Mexico and
Central American nations and urge the continuation of these
international partnerships.
Within 150 days of enactment of this Act, the Committees
expect the report directed in House Report 115-238 on the
CITES permitting process for live plants and the analysis of
actions that could create efficiencies.
Fish and Aquatic Conservation.--The agreement provides
$164,627,000 for fish and aquatic conservation programs and
maintains subactivities and program elements at fiscal year
2017 enacted levels, except where identified in the opening
paragraph or described below. The Service is expected to
continue its tradition of improving freshwater subsistence,
commercial, and recreational fishing since 1871.
National Fish Hatchery System Operations.--The agreement
provides $55,822,000 and includes: $550,000 to implement the
Great Lakes Consent Decree; $1,430,000 for the national wild
fish health survey program; $1,475,000 to continue mass
marking salmonids in the Pacific Northwest; and $1,200,000
for the Aquatic Animal Drug Approval Partnership. None of the
funds may be used to terminate operations or to close any
facility of the National Fish Hatchery System. None of the
production programs listed in the March 2013 National Fish
Hatchery System Strategic Hatchery and Workforce Planning
Report may be reduced or terminated without advance, informal
consultation with affected States and Tribes.
The Service is expected to continue funding mitigation
hatchery programs via reimbursable agreements with Federal
partners. Future agreements should include reimbursement for
production, facilities, and administrative costs. The Service
is expected to ensure that its costs are fully reimbursed
before proposing to reduce or redirect base funding.
Maintenance and Equipment.--The agreement provides
$22,920,000 which includes $13,249,000 to reduce the deferred
maintenance backlog, and, in addition to amounts provided in
the Construction account, funding should continue to be
allocated to facilities with the most severe health and
safety deficiencies across the System as a whole, rather than
by region. All other funds should continue to be allocated as
in prior years and should include mitigation hatcheries as
needed to supplement reimbursable funds.
Habitat Assessment and Restoration.--The agreement provides
$33,987,000, which includes $13,998,000 for the National Fish
Passage Program, $3,000,000 to implement the Klamath Basin
Restoration Agreement, and $5,000,000 to implement the
Delaware River Basin Conservation Act (DRBCA). Within 90 days
of enactment of this Act, the Service is directed to brief
the Committees on its efforts related to the DRBCA. The
Service is directed to be transparent with its partners
regarding Federal costs for program coordination and
administration of the National Fish Habitat Action Plan.
Population Assessment and Cooperative Management.--The
agreement provides $30,150,000 which includes $9,554,000 for
subsistence fisheries management and $15,635,000 for general
program activities, of which $489,000 is for the Lake
Champlain sea lamprey program.
Aquatic Invasive Species.--The agreement includes
$21,748,000 for aquatic invasive species programs, of which:
$1,000,000 is to help States implement plans required by the
National Invasive Species Act (NISA); $1,566,000 is for NISA
coordination; $3,088,000 is to implement subsection 5(d)(2)
of the Lake Tahoe Restoration Act; $10,400,000 is for
controlling Asian carp in the Mississippi and Ohio River
Basins and preventing them from entering and establishing in
the Great Lakes, including $2,000,000 to expand and perfect
the combined use of contract fishing and deterrents to
extirpate Asian carp, including grass carp, where already
established; and $2,000,000 is to prevent the spread of
quagga and zebra mussels.
The Committees support efforts to address threats to
aquatic invasive species and direct the Service to continue
to make available competitive grant funding for projects to
eliminate invasive species, including Asian carp, quagga and
zebra mussels, and variable-leaf watermilfoil. The Service
should continue to support research, monitoring, and
mitigation efforts, as well as efforts to disseminate such
work, in all regions.
Cooperative Landscape Conservation.--The agreement provides
$12,988,000 for cooperative landscape conservation, of which
$1,000,000 is for the Gulf Coast ecosystem. The Committees
recognize the disparate levels of partner support across the
States and expect the Service to focus funding where
partnerships are strong.
[[Page H2614]]
Science Support.--The agreement provides $17,267,000 for
the Science Support program and includes $931,000 to restore
the Gulf Coast ecosystem, and $3,500,000 for white-nose
syndrome in bats. The Service should continue to co-lead and
implement the North American Bat Monitoring Program with
other Federal, State, and non-governmental partners. The
Service is expected to partner with Cooperative Research
Units whenever possible.
General Operations.--The agreement provides $143,240,000
for general operations and includes funding for central
office operations, regional office operations, and Service-
wide bill paying at the requested levels. The National Fish
and Wildlife Foundation is funded at the fiscal year 2017
enacted level. A one-time program increase of $4,300,000 is
provided for annual maintenance needs of the National
Conservation Training Center (NCTC). The Committees
understand this funding will fully address backlog
maintenance at NCTC.
CONSTRUCTION
The bill provides $66,540,000 for Construction and includes
a one-time increase of $50,000,000 for the backlog of
deferred maintenance principally at national fish hatcheries
and national wildlife refuges. The Service is directed to
provide a spend plan to the Committees within 120 days of
enactment of this Act for the additional deferred maintenance
funding. The detailed allocation of funding by activity is
included in the table at the end of this explanatory
statement. For line-item construction, the Service is
expected to follow the project priority list in the table
below. When a construction project is completed or terminated
and appropriated funds remain, the Service may use those
balances to respond to unforeseen reconstruction,
replacement, or repair of facilities or equipment damaged or
destroyed by storms, floods, fires and similar unanticipated
events.
----------------------------------------------------------------------------------------------------------------
Refuge, Hatchery, or Other
State Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
National Wildlife Refuge System
OK......................................... Wichita Mountains National $3,800,000 $3,800,000
Wildlife Refuge (NWR).
AK......................................... Alaska Maritime NWR.......... 2,235,000 2,235,000
IL......................................... Crab Orchard NWR............. 300,000 300,000
MO......................................... Mingo NWR.................... 800,000 800,000
GA......................................... Okefenokee NWR............... 80,000 80,000
ID......................................... Bear Lake NWR................ 50,000 50,000
WA......................................... Inland Northwest NWR Complex. 70,000 70,000
National Fish Hatchery System
MI......................................... Pendills Creek National Fish 1,043,000 1,043,000
Hatchery.
Other
N/A........................................ Branch of Dam Safety (seismic 215,000 215,000
investigations).
N/A........................................ Branch of Dam Safety 250,000 250,000
(inspections).
N/A........................................ Information Resources & 250,000 250,000
Technology Management.
-------------------------------------
Total, Line Item Construction 9,093,000 9,093,000
----------------------------------------------------------------------------------------------------------------
LAND ACQUISITION
The bill provides $63,839,000 for Land Acquisition. The
amounts provided by this bill compared with the budget
estimates by activity and project are shown in the table
below, listed in priority order pursuant to the project list
received for fiscal year 2018. Further instructions are
contained under the Land and Water Conservation Fund heading
in the front of this explanatory statement.
In a time when budgetary constraints allow for only a
limited number of new land acquisition projects, the
Committees are encouraged by programs that leverage public/
private partnerships for land conservation like the Highlands
Conservation Act, which has a record of more than a 2 to 1
ratio in non-Federal matching funds. Therefore, the
Committees include $10,000,000 for the Highlands Conservation
Act Grants and direct the Fish and Wildlife Service to work
with the Highlands States regarding priority projects for
fiscal year 2018.
The Committees recognize there are concerns regarding the
acquisition and management of easements in some States. Any
uncertainty about the scope of management responsibilities
among stakeholders and agencies should be addressed by
engaging in a constructive dialogue and reaching a unified
solution that honors the rights of individual landowners
while implementing sound conservation practices. Therefore,
in lieu of the House directive, the Service is strongly
encouraged to begin this dialogue and brief the Committees
within 60 days of enactment of this Act on the challenges of
the Service harmonizing current easement laws and regulations
with landowners and State governments with options to resolve
these challenges.
----------------------------------------------------------------------------------------------------------------
State Project Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
HI......................................... Hakalau Forest NWR........... $7,000,000
ND/SD...................................... Dakota Grassland Conservation 5,000,000
Area.
MD......................................... Blackwater NWR............... 1,000,000
FL......................................... Everglades Headwaters NWR and 2,500,000
CA.
PA......................................... Cherry Valley NWR............ 2,500,000
ND/SD...................................... Dakota Tallgrass Prairie 2,000,000
Wildlife Management Area.
MT......................................... Montana Conservation Areas... 2,000,000
FL......................................... St. Marks NWR................ 2,000,000
IA/MN...................................... Northern Tallgrass Prairie 1,000,000
NWR.
CT/MA/NH/VT................................ Silvio O. Conte NF&WR........ 1,750,000
TX......................................... Lower Rio Grande NWR......... 2,500,000
AR......................................... Cache River NWR.............. 2,000,000
-------------------------------------
Subtotal, Line Item Projects. 31,250,000
Recreational Access.......... 0 2,500,000
Emergencies, Hardships, and 2,641,000 5,351,000
Inholdings.
Exchanges.................... 1,197,000 1,500,000
Acquisition Management....... 12,749,000 12,773,000
Land Protection Planning..... 464,000 465,000
Highlands Conservation Act 0 10,000,000
Grants.
-------------------------------------
Total, FWS Land Acquisition.. 17,051,000 63,839,000
----------------------------------------------------------------------------------------------------------------
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The bill provides $53,495,000 to carry out section 6 of the
Endangered Species Act of 1973, of which $33,857,000 is to be
derived from the Cooperative Endangered Species Conservation
Fund and $19,638,000 is to be derived from the Land and Water
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement. The Service is directed to lift the
artificial caps and apportion funds to Habitat Conservation
Plans (HCPs) based on need in order to increase on-the-ground
conservation and eliminate unobligated balances. The
agreement includes a program increase of $2,000,000 in
traditional conservation grants in order to foster increased
partner involvement in recovery plan development and
implementation, which is offset by a decrease in HCP planning
assistance grants due to a lack of demand.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $40,000,000 for the North American
Wetlands Conservation Fund. The Service is directed to follow
the guidance in House Report 115-238.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $3,910,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $11,061,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $63,571,000 for State and Tribal Wildlife
Grants. The detailed allocation of funding by activity is
included in the table at the end of this explanatory
statement. All three grant programs shall place the highest
priority on species included in
[[Page H2615]]
the most recent Candidate Notice of Review so as to preclude
the need to list such species under the ESA.
States and Tribes receiving funds through this program are
encouraged to work with private landowners and organizations
representing agriculture, conservation science, and waterfowl
habitat enhancement to provide wetland habitat for at-risk
shorebirds, waterfowl, raptors and other species.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The agreement provides $2,477,969,000 for the Operation of
the National Park System and includes requested fixed costs.
The detailed allocation of funding by program area and
activity is included in the table at the end of this
division.
Operation of the National Park System.--The bill does not
support reductions proposed in the budget request that would
diminish visitor services and reduce park and program
operations system-wide.
Within Resource Stewardship, the Committees have restored
all proposed reductions to Everglades restoration efforts and
to complete restoration projects at newly established park
units. The recommendation also includes $3,000,000 to
continue zebra and quagga mussel containment, prevention, and
enforcement in western water bodies, and $500,000 for cave
and karst ecosystem research. The agreement continues the
directive provided within the Visitor Services line item
contained in House Report 115-238. The reduction from fiscal
year 2017 within Park Protection is for non-recurring
expenses related to the Presidential Inauguration. The
agreement includes $5,000,000 to support timely aviation
fleet replacement by the Washington, DC area U.S. Park Police
aviation unit which supports law enforcement and public
safety in the national capital region. Within Facility
Operations and Maintenance, the Committees have accepted the
Service's proposal to eliminate the Flex Park program in
order to focus resources on critical park operations and
programs. The agreement retains funding increases provided
within the Consolidated Appropriations Act, 2017 to address
deferred maintenance needs and provides an additional
$15,000,000 to address cyclic maintenance needs, an
additional $10,000,000 for repair and rehabilitation
projects, and an additional $10,000,000 for project planning.
These funds are supplemented by $23,000,000 provided within
the Centennial Challenge matching grant program account
dedicated to funding joint public-private investments in
parks. Increases within Park Support are to address new
responsibilities and critical needs at park units including
but not limited to Freedom Riders, Castle Mountains, and
Birmingham Civil Rights units. The recommendation also
restores proposed reductions to park units including the
Manhattan Project National Historical Park and Honouliuli
units, and the Partnership Wild and Scenic River program.
Each are funded at the fiscal year 2017 enacted level.
Funding for the Roosevelt-Campobello International Park is
also maintained at the fiscal year 2017 enacted level.
Quagga and Zebra Mussel Control.--The Committees remain
concerned about the spread of quagga and zebra mussels in the
West and have provided $3,000,000 for continued containment,
prevention, and enforcement efforts.
Eastern Legacy Study (Lewis and Clark Trail Study).--The
Eastern Legacy Study, authorized to determine the feasibility
of extending the Lewis and Clark National Historic Trail, is
now four years overdue. The Committees direct the Service to
complete the study expeditiously.
Mississippi National River and Recreation Area.--The
agreement maintains the directive related to the Mississippi
National River and Recreation Area contained in House Report
115-238.
Elwha Water Facilities.--The agreement includes the
directive related to the Elwha Water Facilities contained in
House Report 115-238.
Natchez Visitor Reception Center.--The Committees
understand that the Service is engaged in discussions with
Natchez, MS over accepting a donation of the Natchez Visitor
Reception Center and encourage the Service to reach agreement
on such donation in a timely fashion.
National Park Service Local Hire Implementation.--Within 90
days of enactment of this Act, the Committees direct the
Service in cooperation with other relevant agencies to
provide a report on numbers of employees hired in Alaska with
the authorities under the Alaska National Interest Lands
Conservation Act (ANILCA).
Blackstone River Valley National Historical Park.--The
agreement includes requested funding for the Blackstone River
Valley National Historical Park with the expectation that the
Service will continue to make funds available to the local
coordinating entity to maintain staffing and capacity to
assist in management of the park as authorized in Public Law
113-291.
Cape Lookout National Seashore.--As the Service reviews the
Cape Lookout National Seashore's Off-Road Vehicle Management
Plan, the Committees expect the Service to adopt the least
restrictive land use option that allows adequate access to
the Seashore while maintaining sufficient protections for
wildlife and natural resources.
National Trails System.--In preparation for the National
Trails System's 50-year anniversary in 2018, the Committees
urge the Service to make funding the construction and
maintenance of national trails a priority.
Biscayne National Park.--The agreement maintains the
directive related to Biscayne National Park contained in
House Report 115-238.
Everglades Restoration.--The Committees note the progress
made toward restoration of the Everglades ecosystem and
continue to support this multi-year effort to preserve one of
the great ecological treasures of the United States.
Vicksburg National Military Park.--The agreement maintains
the directive related to Vicksburg National Military Park
contained in House Report 115-238.
Arlington Memorial Bridge.--The Committees commend the
Department for its efforts, working with bipartisan Federal,
State, and local leaders, to secure $227,000,000 to
rehabilitate the Arlington Memorial Bridge, a historic and
critical transportation link in the nation's capital. As
awarded, the design-build contract will save $35,000,000 and
accelerate the project's completion by 18 months. Major
construction is scheduled to begin later in 2018.
Ozark National Scenic Riverways.--The Service is directed
to work collaboratively with affected parties to ensure that
implementation of the General Management Plan for the Ozark
National Scenic Riverways addresses the concerns of affected
stakeholders including, but not limited to, local communities
and businesses.
St. Anthony Falls Lock.--The agreement includes the
directive related to St. Anthony Falls Lock contained in
House Report 115-238.
Yosemite Medical Clinic.--The agreement maintains the
directive related to the Yosemite Medical Clinic contained in
House Report 115-238.
Director's Order 21.--Within 90 days of enactment of this
Act, the Service shall report to the Committees on steps it
has taken or plans to take in fiscal year 2018 to implement
Public Law 113-291.
Oklahoma City National Memorial & Museum.--The Committees
direct the Service to provide a report within 30 days of
enactment of this Act indicating what funds have been
allocated to the Memorial and options to provide the
remaining authorized amount.
Alaska Hunting and Trapping.--The Committees are aware that
the National Park Service intends to initiate a rulemaking
process that will consider changes to the final rule
published October 23, 2015, related to hunting and trapping
in National Preserves in Alaska. This will include
identifying ways to address recreational hunting and fishing
cooperation, consultation, and communication with State of
Alaska wildlife managers. The Committees expect the Service
to complete the review in a timely manner.
NATIONAL RECREATION AND PRESERVATION
The agreement provides $63,638,000 for National Recreation
and Preservation with the following specific directives:
Natural Programs.--The Committees maintain funding for
Natural Programs, including the Chesapeake Gateways and
Trails program and Rivers, Trails and Conservation, at the
fiscal year 2017 enacted level.
Cultural Programs.--The Committees provide $25,062,000 for
Cultural Programs, an increase of $500,000 above the enacted
level. The increase is provided for grants to nonprofit
organizations or institutions pursuant to 20 U.S.C. 4451(b).
The Committees direct the Department to consider funding the
Northwest Coast arts program as outlined by the memorandum of
agreement between the Institute of American Indian Arts and
the Sealaska Heritage Institute. Funding for the Native
American Graves Protection and Repatriation Grant Program and
the Japanese American Confinement Site Grant Program is
maintained at the fiscal year 2017 enacted level.
Heritage Partnership Program.--The agreement provides
$20,321,000 for the Heritage Partnership Program. The
Committees continue to encourage individual heritage areas to
develop plans for long-term sufficiency. The Committees
commend the Alliance of National Heritage Areas, in response
to Congressional direction, for developing an allocation
model that maintains core services of more established areas
while proposing additional resources to newer areas. The
Committees note this progress and direct the Service to work
with heritage areas to further develop consensus toward a
sustainable funding distribution. As this effort continues,
the Committees expect the Service to distribute funds in the
same manner as fiscal year 2017 with the increase above the
enacted level to be equally distributed to Tier I areas or
Tier 2 areas currently receiving the minimum funding levels
of $150,000 and $300,000 respectively.
Muscle Shoals National Heritage Area.--The Committees
encourage the continued partnership between the Muscle Shoals
Regional Center and the University of North Alabama.
National Heritage Area Feasibility Study.--The Committees
understand that the Service has no intent to initiate or
conduct a feasibility study to establish a national heritage
area in Baca, Bent, Crowley, Huerfano, Kiowa, Las Animas,
Otero, Prowers, and Pueblo counties, Colorado. In the event
the Service alters its intentions, the Committees direct the
Service to notify the Committees 120 days in advance of
initiating such a study.
[[Page H2616]]
American Battlefield Protection Program Assistance
Grants.--Funding is provided at the fiscal year 2017 enacted
level. The Committees recognize the importance of public-
private partnerships to maintain the preservation of
America's battlefields and urge the Service to give priority
to projects with broad partner support. The Committees
continue to encourage the timely review and processing of
grants.
HISTORIC PRESERVATION FUND
The agreement provides $96,910,000 for the Historic
Preservation Fund. Within this amount, $48,925,000 is
provided for grants to States and $11,485,000 is provided for
grants to Tribes. The recommendation also includes
$13,500,000 for competitive grants of which $500,000 is for
grants to underserved communities and $13,000,000 is for
competitive grants to document, interpret, and preserve
historical sites associated with the Civil Rights Movement.
The agreement also includes $5,000,000 for competitive grants
to Historically Black Colleges and Universities (HBCUs) and
$13,000,000 for the Save America's Treasures competitive
grant program for preservation of nationally significant
sites, structures, and artifacts. The agreement also provides
$5,000,000 for preservation grants to revitalize historic
properties of national, State, and local significance. Grants
shall be made available to States, local governments, Tribes,
or community non-profit organizations for making sub-grants
to eligible projects. Priority shall be given to applicants
with a demonstrated capacity for allocating similar awards
for preservation of such sites. Prior to execution of these
funds, the Service shall submit a spend plan to the
Committees on Appropriations of the House and Senate.
CONSTRUCTION
The agreement provides $359,704,000 for Construction with
the following specific directive:
Line Item Construction.--The agreement provides
$137,011,000 for line item construction and maintenance
including $129,011,000 for line item construction projects in
the fiscal year 2018 budget request as revised by the Service
and provided to the House and Senate Committees on
Appropriations on July 25, 2017, and shown in the table
below. A general program increase of $138,000,000 above the
request is provided to address only longstanding deferred
maintenance and major construction related requirements of
the Service. General management planning has been provided an
additional $1,860,000 above the request in order to
facilitate the completion of recently authorized special
resource studies. The Committees direct the Service to
provide no later than 60 days after enactment of this Act an
operating plan for allocation of funds. Requests for
reprogramming will be considered pursuant to the guidelines
in the front of this explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Park Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
DC......................................... George Washington Memorial $18,200,000 $18,200,000
Parkway.
DC......................................... National Mall and Memorial 21,371,000 21,371,000
Parks.
MA......................................... Lowell National Historical 4,177,000 4,177,000
Park.
MA......................................... Cape Cod National Seashore... 5,442,000 5,442,000
WY......................................... Yellowstone National Park.... 21,264,000 21,264,000
CA......................................... Fort Point National Historic 5,996,000 5,996,000
Site.
CA......................................... Channel Islands National Park 3,922,000 3,922,000
SD......................................... Mount Rushmore National 8,937,000 8,937,000
Memorial.
MS......................................... Vicksburg National Military 5,909,000 5,909,000
Park.
AK......................................... Glacier Bay National Park & 7,545,000 7,545,000
Preserve.
TN......................................... Great Smoky Mountain National 2,594,000 2,594,000
Park.
PA......................................... Valley Forge National 10,030,000 10,030,000
Historical Park.
NM......................................... Old Santa Fe Trail Building.. 2,822,000 2,822,000
AZ......................................... Lake Mead National Recreation 1,976,000 1,976,000
Area.
CA......................................... Death Valley National Park... 5,394,000 5,394,000
NM......................................... Carlsbad Caverns National 3,432,000 3,432,000
Park.
--------------------------------------------------------------------
Total, Line Item Construction 129,011,000 129,011,000
----------------------------------------------------------------------------------------------------------------
LAND ACQUISITION AND STATE ASSISTANCE
The bill provides $180,941,000 for Land Acquisition and
State Assistance. The amounts provided by this bill compared
with the budget estimates by activity and project are shown
in the table below, listed in priority order pursuant to the
project list received for fiscal year 2018. The Committees
understand that donation projects, such as the Vicksburg
National Military Park listed on the NPS project list for
fiscal year 2018, are eligible to be funded from the amounts
included for donation projects. Funds provided for
recreational access are available to close gaps in national
trails, including the Ice Age, North Country, and New England
National Scenic Trails. The Committees urge the Service to
consider geographic distribution to ensure that investments
for the trail system are reflected in project prioritization.
Further instructions are contained under the Land and Water
Conservation Fund heading in the front of this explanatory
statement.
The Committees continue to support the American Battlefield
Protection Program (ABPP) and are aware of the increased
workload and associated delays in grant processing due to the
program's expanded mission to include Revolutionary War and
War of 1812 sites and additional historic preservation
reviews. Therefore, the bill provides $10,000,000 for ABPP
grants and $252,000 is provided from within acquisition
management to ensure the timely awarding of grants.
------------------------------------------------------------------------
State Project This Bill
------------------------------------------------------------------------
NY................................. Appalachian National $2,000,000
Scenic Trail.
GA................................. Chattahoochee River 1,218,000
National Recreation
Area.
AZ................................. Saguaro National Park. 600,000
OH................................. Dayton Aviation 450,000
Heritage National
Historical Park.
WA................................. Lake Chelan National 1,000,000
Recreation Area.
CA................................. Redwood National Park. 6,000,000
TN................................. Big South Fork 217,000
National River &
Recreation Area.
NM................................. Valles Caldera 531,000
National Preserve.
MI................................. North Country National 3,472,000
Scenic Trail.
HI................................. Haleakala National 6,000,000
Park.
AK................................. Katmai National Park 2,545,000
and Preserve.
TN................................. Overmountain Victory 387,000
National Historic
Trail.
TN................................. Obed Wild and Scenic 810,000
River.
MI................................. Keweenaw National 155,000
Historical Park.
WV................................. Gauley River National 1,015,000
Recreation Area.
------------------------------------
Subtotal, Line Item 26,400,000
Projects.
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Request This Bill
------------------------------------------------------------------------
American Battlefield Protection $8,481,000 $10,000,000
Program..........................
Emergencies, Hardships, 3,071,000 3,928,000
Relocations, and Deficiencies....
Acquisition Management............ 8,716,000 9,679,000
Inholdings, Donations, and 3,069,000 4,928,000
Exchanges........................
Recreational Access............... 0 2,000,000
-------------------------------------
Total, NPS Land Acquisition... 23,337,000 56,935,000
Assistance to States:
State conservation grants 0 100,000,000
(formula)....................
State conservation grants 0 20,000,000
(competitive)................
Administrative expenses....... 3,043,000 4,006,000
-------------------------------------
Total, Assistance to 3,043,000 124,006,000
States...................
-------------------------------------
Total, NPS Land 26,380,000 180,941,000
Acquisition and State
Assistance...............
------------------------------------------------------------------------
centennial challenge
The agreement provides $23,000,000 for the Centennial
Challenge matching grant program. The program provides
dedicated Federal funding to leverage partnerships for
signature projects and programs for the national park system.
The Committees expect these funds to be used by the Service
to address projects which have a deferred maintenance
component in order to alleviate the sizeable deferred
maintenance backlog within the national park system. A one-
to-one matching requirement is required for projects to
qualify for these funds. The Service is urged to give
preference to projects that demonstrate additional leveraging
capacity from its partners. From amounts in the Centennial
Challenge account, the Committees encourage the Department to
make $3,000,000 available for critical programs and projects,
pursuant to 54 U.S.C. 1011 Subchapter II, subject to terms
and conditions outlined in Title VI of Public Law 114-289.
united states geological survey
surveys, investigations, and research
The bill provides $1,148,457,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). This includes additional, one-time
funding for the purchase of equipment, infrastructure related
projects, and deferred maintenance that should not be
considered programmatic increases and for which the
Committees expect a detailed spend plan within 180 days of
enactment of this Act. The detailed allocation of funding by
program area and activity is included in the table at the end
of this explanatory statement.
Congressional Budget Justification.--The Committees direct
the Survey to include in future justifications base funding
and program descriptions for any subactivity, program,
project, or study proposed for increases or reductions.
Ecosystems.--The agreement provides $157,732,000, and does
not include reductions for program terminations proposed in
the budget request for Status and Trends and the Wildlife
Program. The Survey is directed to formulate a transition
plan with the Smithsonian Institution regarding the curation
of the Institution's collection for which the Survey is
currently responsible.
The agreement also includes an increase of $500,000 from
within available funds to address white-nose syndrome in
bats. The Committees are aware of the work the Survey is
performing in critical landscapes such as the Arctic, Puget
Sound, California Bay Delta, Everglades, Great Lakes,
Columbia River, and the Chesapeake Bay, and expect this work
to continue. The Terrestrial, Freshwater, and Marine
Environments program is funded as reported in House Report
115-238, and species-specific fisheries and Asian carp
funding are maintained at fiscal year 2017 enacted levels.
The Committees understand certain programs are nearing
completion; therefore, the Survey is directed to report back
to the Committees within 180 days of enactment of this Act on
anticipated balances of such programs.
Land Resources.--The agreement provides $152,499,000, which
includes $93,094,000 for the National Land Imaging activity.
Within these funds, Landsat 9 is fully funded at a program
level of $26,200,000; satellite operations receive
$52,337,000; National Civil Applications Center receives
$4,847,000; and the AmericaView State grant program receives
$1,215,000.
The Committees accept the proposed budget structure changes
with the understanding that the work previously funded in the
fiscal year 2017 structure will continue at fiscal year 2017
enacted levels and that the Survey will continue to track and
provide information on funding within the Land Change sub-
[[Page H2617]]
lines. The Committees provide funding for the eight regional
science centers and grant awards should be made at the
negotiated annual agreement levels. The Survey is directed to
provide notification to the Committees as the grants are
awarded in full. As a result of the budget restructure,
$5,025,000 is provided so that work previously funded under
the old budget structure will continue within the Land Change
Science subactivity.
Energy, Minerals, and Environmental Health.--The agreement
provides $102,838,000 for Energy, Minerals, and Environmental
Health, including $1,000,000 toward the domestic mineral base
survey and $4,700,000 for the implementation of Secretarial
Order 3352. As a result of the budget restructure, $1,477,000
is provided for work previously funded at this level in
fiscal year 2017 and now funded under the Mineral and Energy
Resources subactivity. The Committees accept the $2,457,000
reduction proposed in the budget due to the completion of
reports as required by the Energy Independence and Security
Act of 2007 (P.L. 110-140). The Committees expect geologic
and biologic research to continue under the new budget
restructure.
The Committees continue geophysical and remote sensing
activities at the enacted funding levels and direct the
Survey to continue this work following the requirements
outlined in the Consolidated Appropriations Act, 2017 (P.L.
115-31). The Committees also expect low permeability
reservoir assessments to continue at the 2017 enacted level
and that the Survey will continue to abide by the directive
outlined in Public Law 115-31 concerning consultation with
State geological surveys.
The agreement provides $12,398,000 for toxic substances
hydrology. The Committees support the Survey's comprehensive
research on cyanobacterial harmful algal blooms and provide
an increase of $1,350,000 over the fiscal year 2017 enacted
level for this effort.
Natural Hazards.--The agreement provides $178,613,000 for
the Natural Hazards Program, including $83,403,000 for
earthquake hazards. Within this funding, $12,900,000 is
provided for continued development of an earthquake early
warning (EEW) system and for the first limited public rollout
of ShakeAlert, and an additional $10,000,000 is provided for
capital costs associated with the buildout of the EEW. Within
60 days of enactment of this Act, the Survey is directed to
provide to the Committees an updated Technical Implementation
Plan for the ShakeAlert Production System, including revised
cost estimates and timelines. Additionally, $5,000,000 is
provided for necessary upgrades and replacement equipment at
the USGS National Earthquake Center and seismic stations that
make up the Advanced National Seismic System (ANSS).
The agreement includes $800,000 for the Central and Eastern
U.S. Seismic Network (CEUSN). The Committees continue
$1,000,000 for regional seismic networks and expect the
Survey to allocate funds according to the same methodology
used in fiscal year 2017. The agreement includes $1,400,000
for the adoption of seismic stations currently deployed as
part of the Earthscope USArray project. The Committees direct
the Survey to consult with the National Science Foundation
(NSF) on acquiring these seismic stations beginning in fiscal
year 2019 and to brief the Committees within 60 days of
enactment of this Act on the progress of these discussions
and the plan to acquire the stations. The Committees
understand the adoption of the seismic and geodetic stations
currently deployed as part of the USArray project, along with
the ANSS investments in seismic monitoring, could contribute
to a monitoring network similar to the earthquake early
warning system currently under development for the west coast
and encourage the Survey to consider this effort once the
west coast system is close to completion.
The agreement provides $42,621,000 for volcano hazards,
which includes $1,000,000 for next-generation lahar detection
systems and $13,000,000 for the repair and upgrade of analog
systems on high-threat volcanos, including $12,500,000 to
update the instrumentation that is currently not in
compliance with the National Telecommunication and
Information Administration (NTIA) radio spectrum guidelines.
The agreement provides an additional $1,500,000 for new
lahar detection instrumentation and telecommunications
equipment to address significant lahar threats and meet
National Volcano Early Warning System (NVEWS) standards.
The Committees are concerned about the potential landslide
risk to communities and direct the Survey to report back
within 180 days of enactment of this Act identifying specific
areas of the country that are at the highest risk.
Water Resources.--The agreement provides $217,554,000 for
Water Resources, with $59,927,000 directed to activities
associated with the Cooperative Matching Funds. Increases
include an additional $1,000,000 for groundwater resource
studies in the Mississippi River Alluvial Plain; $1,500,000
for streamgages; and $300,000 to begin research on shallow
and fractured bedrock terrain.
The National Groundwater Monitoring Network is funded at
the fiscal year 2017 enacted level of $3,600,000. The
agreement includes funding for the streamgage on
transboundary rivers at $120,000. The Committees direct the
Survey to partner with local Tribes and other Federal
agencies as necessary in the area to develop a water quality
strategy for the transboundary rivers impacted by mining
activities. Within 180 days of enactment of this Act, the
Survey is directed to report back to the Committees on the
necessary work needed to collect, analyze, and assess the
hydrologic, water-quality, and ecological data needed to
document baseline conditions and assess potential mining-
related impacts.
Core Science Systems.--The agreement provides $116,302,000,
which includes $23,000,000 for 3D Elevation Program (3DEP)
National Enhancement and $7,722,000 for Alaska Mapping and
Map Modernization.
Facilities.--The agreement includes $120,091,000 for
facilities, deferred maintenance and capital improvement.
Within these amounts, $11,772,000 is included for the Menlo
Park facility transition. The Committees have almost doubled
the funding for deferred maintenance with the expectation the
Survey will be able to make much needed facility
improvements. The Committees understand that a report on the
National Wildlife Health Center's infrastructure needs is
nearing completion and expect the report to be provided to
the Committees within 60 days of enactment of this Act.
Bureau of Ocean Energy Management
OCEAN ENERGY MANAGEMENT
The bill provides $171,000,000 for Ocean Energy Management
to be partially offset with the collection of rental receipts
and cost recovery fees totaling $56,834,000, for a net
discretionary appropriation of $114,166,000. The bill does
not include a rescission of funds to cover the anticipated
shortfall from the loss of revenue, but the Committees are
monitoring the continued decline in rental receipts. The
Bureau is reminded to review the directives contained in the
front matter of this explanatory statement. The agreement
includes the following additional guidance:
Five-year lease plan.--The request for the Bureau's efforts
to initiate a new five year offshore leasing program is fully
funded and the Committees encourage an expeditious and
thorough review.
Offshore Revenues.--The Committees do not approve of the
proposal in the budget request to divert outer continental
shelf oil and gas revenues from Gulf of Mexico coastal
communities. The Committees direct the Department to
distribute revenues from Gulf of Mexico operations in a
manner consistent with the Gulf of Mexico Energy Security Act
of 2006 (P.L. 109-432).
Offshore Wind Energy Development.--The Committees
understand that the Bureau is continuing to work in North
Carolina with local stakeholders, industry, and State task
forces and that there will be no lease sales for offshore
areas in North Carolina during fiscal year 2018.
Renewable Energy.--The Bureau should continue to follow the
direction under this heading in Senate Report 114-281
concerning offshore wind energy and working cooperatively
with the Department of Energy and coastal States.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
The bill provides $186,411,000 for Offshore Safety and
Environmental Enforcement to be partially offset with the
collection of rental receipts, cost recovery fees and
inspection fees totaling $77,871,000 for a net discretionary
appropriation of $108,540,000. The bill does not include a
rescission of funds to cover the anticipated shortfall from
the loss of revenue, but the Committees are monitoring the
continued decline in rental receipts.
OIL SPILL RESEARCH
The bill provides $14,899,000 for Oil Spill Research.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
The bill provides $115,804,000 for the Office of Surface
Mining Reclamation and Enforcement (OSMRE) Regulation and
Technology account. Within this amount, the bill funds
regulatory grants at $68,590,000, equal to the fiscal year
2017 enacted level.
Approximate Original Contours.--When appropriate, the
Committees encourage OSMRE to discontinue cases related to
Approximate Original Contour policies and regulations when
OSMRE has lost the initial administrative court case on the
merits of the case.
ABANDONED MINE RECLAMATION FUND
The bill provides $139,672,000 for the Abandoned Mine
Reclamation Fund. Of the funds provided, $24,672,000 shall be
derived from the Abandoned Mine Reclamation Fund and
$115,000,000 shall be derived from the General Fund.
The agreement provides $115,000,000 for grants to States
and Indian Tribes for the reclamation of abandoned mine lands
in conjunction with economic and community development and
reuse goals. Consistent with fiscal year 2017, $75,000,000
shall be distributed in equal amounts to the three
Appalachian States with the greatest amount of unfunded needs
and $30,000,000 shall be distributed in equal amounts to the
three Appalachian States with the subsequent greatest amount
of unfunded needs. Grants shall be distributed to States with
the same goals, intent and direction as in fiscal year 2017.
The Committees believe that Tribes can also contribute to
the success of the pilot and provide $10,000,000 for grants
to federally recognized Indian Tribes to be distributed for
the same goals, intent and purpose as the
[[Page H2618]]
grants to States. Eligible grant recipients for the
$10,000,000 are limited to Tribal governmental entities who
may subcontract project-related activities as appropriate.
Coal Act.--The Committees believe OSMRE should avoid taking
any action that would place in jeopardy the mandatory
benefits for eligible United Mine Workers of America (UMWA)
health beneficiaries, including those who receive benefits
because of the Consolidated Appropriations Act, 2017 (P.L.
115-31), as well as mandatory funds provided to States and
Indian Tribes. It has also been brought to the attention of
the Committees that certain businesses in rural areas may
face job losses because of affiliate liability for healthcare
that is unrelated to the benefits enacted in the Consolidated
Appropriations Act, 2017 (P.L. 115-31). Given the
disproportionate impact of job losses in rural areas, the
Committees are concerned about those job losses. The
Committees urge stakeholders to find a solution that would
both avoid job losses in rural areas and is consistent with
other potential needs for the mandatory funds overseen by
OSMRE.
BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,411,200,000 for Operation of Indian
Programs. The Bureaus are expected to execute their budgets
in accordance with the justification submitted to the
Congress, except as otherwise directed below or in the
funding allocation table at the end of this report. The table
has been expanded to include additional lines for the Bureau
of Indian Education and Public Safety and Justice. The
Bureaus are reminded of the guidance and reporting
requirements contained in House Report 115-238 that should be
complied with unless specifically addressed to the contrary
herein, as explained in the front matter of this explanatory
statement. The Committees also expect the timely submission
of reporting requirements as contained in House Report 115-
238 and as outlined in this explanatory statement. The
agreement includes requested fixed costs and transfers except
where discussed below, and the following details and
instructions.
The Committees are concerned about the addition of several
programs to the Government Accountability Office's 2017 high
risk list (GAO-17-317). The inclusion of these programs to
this list indicate there are several challenges to overcome
in order to improve the Federal management of programs that
serve Tribes and their members. The Committees stand ready to
work with the Bureaus to implement the necessary GAO
recommendations.
Tribal Government.--The agreement provides $317,967,000 for
Tribal government programs, of which $1,120,000 is for new
Tribes including those recognized during fiscal year 2018
beyond those contemplated in the budget request. The
Committees expect the Bureau to efficiently administer the
Tribal recognition process and strongly encourage action on
pending requests. The Small and Needy Tribes program is
funded at $4,448,000, ensuring that all Tribes receive the
maximum base level provided by the Bureau to run Tribal
governments.
Road maintenance is funded at $34,653,000 and includes
$1,000,000 to improve the condition of unpaved roads and
bridges used by school buses transporting students, and
$1,000,000 for road maintenance in support of implementing
the NATIVE Act (P.L. 114-221). The Bureau is directed to
report back to the Committees within 60 days of enactment of
this Act on how the Bureau plans to allocate the funds
provided in the bill and the progress being made to implement
the GAO recommendations outlined in the report GAO-17-423.
The Committees are aware that in some areas along the
border, including the areas of the Tohono O'odham Nation in
Arizona, and the Blackfeet Nation in Montana, U.S. Customs
and Border Protection (CBP) and Tribes work together on
border security. The Committees have included bill language
to support the transfer of funds from CBP to BIA, in
consultation with affected Tribes, for the reconstruction or
repair of BIA owned roads needed as a result of cooperative
security efforts on the U.S. border.
The Committees are concerned about the Consolidated Tribal
Government Program internal transfer of $1,733,000 and have
not agreed to any changes from the fiscal year 2017 enacted
level of $75,429,000 for this program. The Bureau is directed
to report back to the Committees within 30 days of enactment
of this Act with a description of the number of Tribes that
use this program and how increases for this program compare
to others that offer similar services.
Human Services.--The agreement provides $161,063,000 for
human services programs and includes funding to continue the
Tiwahe initiative at the fiscal year 2017 enacted level. The
Bureau is directed to report back to the Committees within 90
days of enactment of this Act on the performance measures
being used to monitor and track the Tiwahe initiative's
effectiveness in Indian Country. The Committees are aware of
the pressing needs women and children face in domestic
violence situations; therefore, the Committees expect at
least $200,000 from human services activities be used to
support women and children's shelters that are serving the
needs of multiple Tribes or Alaska Native Villages in the
areas served by the Tiwahe pilot sites.
The Committees are concerned about the funding distribution
for welfare assistance and direct the Bureau to report back
to the Committees within 30 days of enactment of this Act on
how this funding would be distributed.
Trust--Natural Resources Management.--The agreement
provides $204,202,000 for natural resources management
programs and includes $390,000 to continue the Seminole and
Miccosukee water study as requested. The agreement includes
$355,000 in the Tribal Management Development Program (TMDP)
for fisheries activities previously funded within the
Forestry program. Future funding requests should reflect the
transfer of this activity to TMDP.
It is the Committees' understanding that the Bureau has
entered into cooperative agreements with the Ahtna
Intertribal Resource Commission and the Kuskokwim River
Inter-Tribal Fisheries Commission, and with other
organizations interested in establishing similar agreements;
therefore, it is the Committees' expectation that within the
funding provided for the Tribal Management Development
Program (TMDP), pilot projects and programs for Alaska
subsistence will continue.
Consistent with treaty and trust obligations, the
Committees direct the Bureau to work with at-risk Tribes to
identify and expedite the necessary resources to address the
resiliency needs of Tribal communities.
Within the amounts provided for Fish, Wildlife, and Parks,
the agreement continues $545,000 for substantially producing
Tribal hatcheries in BIA's Northwest Region currently not
receiving annual BIA hatchery operations funding. This
funding should be allocated in the same manner as in fiscal
year 2017 but should be considered base funding in fiscal
year 2018 and thereafter.
The Department of the Interior is expected to promote and
expand the use of agreements with Indian Tribes to protect
Indian trust resources from catastrophic wildfire, insect and
disease infestation, or other threats from adjacent Federal
lands, as authorized by law. The Committees direct the Bureau
to coordinate with the Office of Wildland Fire to submit a
report describing how the Department determines the use of
wildfire suppression and rehabilitation resources and
prioritizes Indian forest land, the title to which is held by
the United States in trust.
The Bureau is directed to enter into a formal partnership
with local Tribes and the United States Geological Survey to
help develop a water quality strategy for transboundary
rivers.
The Committees expect that Tribes east of the Mississippi
River who have resource challenges also receive appropriate
funding.
Trust--Real Estate Services.--The agreement provides
$129,841,000 for real estate services. All program elements
within this subactivity are continued at fiscal year 2017
enacted levels plus fixed costs and transfers, except where
discussed below.
The following line items each receive a $500,000 program
increase: land title and records offices; land records
improvement--regional; and regional oversight. The Bureau is
expected to distribute the program increases to regional
offices to address administrative backlogs for Trust Real
Estate Services programs. As discussed in House Report 115-
238, the Committees expect an update on the status of
outstanding conveyances by September 2018, and an update on
what the Bureau will be changing in its operations policy to
ensure backlogs and documentation-related rejections do not
occur in the future.
Alaska Native programs are funded at $1,470,000 to support
a program level of $450,000 for the ANCSA Historical Places
and Cemetery Sites Program.
A program increase of $3,000,000 is included for the
plugging of abandoned wells not under Bureau of Land
Management authority. The Committees direct the BIA to
conduct an inventory of wells for which the BIA is
responsible to reclaim, including cost estimates for
submission to the Committees within 180 days of enactment of
this Act.
The Committees direct the Secretary, or his designee, to
work with the Lower Elwha Klallam Tribe to identify
appropriate lands in Clallam County, Washington, to satisfy
the requirements of section 7 of the Elwha River Ecosystem
and Fisheries Restoration Act (P.L. 102-495).
The Secretary, in consultation with other interested
agencies, is directed to provide a report to Congress, on or
before August 1, 2018, on the estimated cost of responses
that are necessary under applicable Federal and State laws to
protect human health and the environment with respect to any
hazardous substance or hazardous waste remaining on the
property as authorized by section 13 of Public Law 102-497.
Public Safety and Justice.--The agreement provides
$405,520,000 for public safety and justice programs. The
detailed allocation table at the end of this explanatory
statement has been expanded in order to more fully outline
program levels. Included within Criminal Investigations and
Police Services is $1,000,000 to implement the Native
American Graves Protection and Repatriation Act and
$7,500,000 to help people affected by opioid addiction.
Within Detention/Corrections is a $1,400,000 increase for
recently constructed facilities that do not currently have
existing program funding within the BIA budget; additional
funding in future years will be considered as information
becomes available. Within Law Enforcement Special Initiatives
is $3,033,000 to reduce recidivism through the Tiwahe
initiative. Within Tribal Justice Support is $2,000,000 to
implement the Violence Against Women Act for both training
[[Page H2619]]
and specific Tribal court needs, and $13,000,000 to address
the needs of Tribes affected by Public Law 83-280. Within Law
Enforcement Program Management is a $500,000 increase for the
Office of Justice Services' District III Office to promote
timely payments.
The Committees remain concerned about Tribal courts' needs
as identified in the Indian Law and Order Commission's
November 2013 report, which notes that Federal investment in
Tribal justice in ``P.L. 280'' States has been more limited
than elsewhere in Indian Country. The Committees expect the
Bureau to continue to work with Tribes and Tribal
organizations in these States to consider options that
promote, design, or pilot Tribal court systems for Tribal
communities subject to full or partial State jurisdiction
under Public Law 83-280.
The Committees understand that several Tribes whose Federal
recognition was terminated and then subsequently restored now
face significant challenges in securing law enforcement
funding through self-determination contracts. The Bureau is
directed to work with affected Tribes to assess their law
enforcement needs and submit a report within 120 days of
enactment of this Act that details the amounts necessary to
provide sufficient law enforcement capacity for them.
Community and Economic Development.--The agreement provides
$46,447,000 for community and economic development programs,
of which: $12,549,000 is for job placement and training and
includes $1,550,000 for the Tiwahe initiative; $1,826,000 is
for economic development; $26,416,000 is for minerals and
mining and includes $1,000,000 for the modernization of oil
and gas records including the National Indian Oil and Gas
Management System (NIOGEMS); and $5,656,000 is for community
development central oversight, of which $3,400,000 is to
implement the Native American Tourism and Improving Visitor
Experience Act, including via cooperative agreements with
Tribes or Tribal organizations. The Committees understand
that the NIOGEMS has been distributed to some Tribes and
regional offices; the Bureau is instructed to report back
within 120 days of enactment of this Act on the cost to
further expand this system to more reservations and offices.
The recent high risk GAO report (GAO-17-317) found the
Bureau does not properly manage Indian energy resources. The
Committees request the Bureau to report back within 180 days
of enactment of this Act outlining any barriers, statutory or
regulatory, that impede development of these resources.
Executive Direction and Administrative Services.--The
agreement provides $231,747,000 for executive direction and
administrative services. All budget line items are funded at
fiscal year 2017 enacted levels and adjusted for fixed costs
and transfers, except for human capital management and intra-
governmental payments, which are funded at the requested
levels.
Within 60 days on enactment of this Act, the Bureau is
directed to make funds provided within executive direction
available to solicit proposals from independent non-profit or
academic entities to prepare a report on the likely impacts
of the closure of the Navajo Generating Station power plant
on affected Tribes, State and local governments and other
stakeholders within the Four Corners region. In consultation
with impacted Tribes, an entity shall be selected to prepare
a report within 12 months of the award that (1) details
potential economic impacts related to the plant's closure;
and (2) identifies specific policy recommendations that would
mitigate the potential economic and societal consequences of
the plant's closure on affected Tribes or other stakeholders.
The Committees note that the Bureau has not yet complied
with the fiscal year 2017 directive to provide a report on
funding requirements associated with operating and law
enforcement needs for congressionally authorized treaty
fishing sites on the Columbia River. The Bureau is directed
to transmit the report no later than 30 days following
enactment of this Act. The Bureau is also urged to
incorporate unfunded needs for these sites as part of future
budget requests.
Indian Affairs is directed to complete annual health and
safety inspections and background checks at all BIE system
facilities, and to submit quarterly updates on the status of
such efforts to the Committees.
Bureau of Indian Education.--The agreement includes
$914,413,000 for the Bureau of Indian Education, the details
of which are included in the expanded allocation table at the
end of this explanatory statement. Tribal grant support costs
continue to be fully funded. Additional details follow:
A one-time increase is provided to complete the transition
to a school year funding cycle for all Tribal colleges and
universities, including Haskell Indian Nations University and
Southwestern Indian Polytechnic Institute. The Committees
recognize that many Tribal colleges have significant unfunded
needs, and direct the Bureau to work with Tribal leaders and
other stakeholders to develop a consistent methodology for
determining Tribal college operating needs to inform future
budget requests. The Committees expect the methodology to
address operating and infrastructure needs including
classrooms and housing.
The agreement includes $18,810,000 for early child and
family development, which should be used to expand the Family
and Child Education (FACE) program. The agreement rescinds
$8,000,000 from expiring prior year balances that the Bureau
failed to obligate. This rescission does not impact the
program's operating level for fiscal year 2018.
The Committees support efforts to revitalize and maintain
Native languages and expand the use of language immersion
programs. The ISEP program is expected to continue to enhance
access to Native language and culture programs in Bureau-
funded schools, and the Bureau shall report back within 60
days of enactment of this Act on how funding has been and can
continue to be used to support these programs. In addition,
$2,000,000 is provided within Education Program Enhancements
for capacity building grants for Bureau and tribally operated
schools to expand existing language immersion programs or to
create new programs. Prior to distributing these funds, the
Bureau shall coordinate with the Department of Education and
Department of Health and Human Services to ensure that Bureau
investments complement, but do not duplicate, existing
language immersion programs. The Committees also direct the
Bureau to submit a report to the Committees within 120 days
of enactment of this Act regarding the status of fiscal year
2017 funds and the planned distribution of funds in this Act.
The Johnson O'Malley program is funded at $14,903,000. The
Committees remain concerned that the distribution of funds is
not an accurate reflection of the distribution of students.
The Bureau is directed to report back to the Committees
within 90 days of enactment of this Act on the status of
updating the student counts.
The Committees remain concerned about recent Government
Accountability Office (GAO) reports detailing problems within
the K-12 Indian education system at the Department of the
Interior, in particular as they pertain to organizational
structure, accountability, finance, health and safety, and
ultimately student performance. As the Department takes steps
to reform the system, the Secretary is reminded that future
support from Congress will continue to be based in large part
upon successful implementation of GAO report recommendations.
In particular, consistent with GAO report 13-774, the
Secretary is urged to reorganize Indian Affairs so that
control and accountability of the BIE system is consolidated
within the BIE, to present such reorganization proposal in
the next fiscal year budget request, and to submit to the
Committees a corresponding updated workforce plan. Consistent
with GAO testimonies 15-389T, 15-539T, 15-597T, and any
subsequent reports, the Secretary is urged to personally
oversee immediate actions necessary to ensure the continued
health and safety of students and employees at BIE schools
and facilities. The Office of the Assistant Secretary-Indian
Affairs is directed to report back within 60 days of
enactment of this Act on the progress made towards
implementing all the GAO recommendations and the current
status of the reform effort.
The Committees understand the importance of bringing
broadband to reservations and villages, but remain concerned
about the planning process used for this type of investment.
The Committees direct the agency to report back within 90
days of enactment of this Act on a scalable plan to increase
bandwidth in schools, procure computers and software, and to
include in this report how the Bureau is working with other
Federal agencies to coordinate and plan for the technology
buildout.
The BIE is encouraged to coordinate with the Indian Health
Service to integrate preventive dental care and mental health
care at schools within the BIE system.
The bill includes modified language limiting the expansion
of grades and schools in the BIE system which allows for the
expansion of additional grades to schools that meet certain
criteria.
The Committees continue to encourage efforts to improve
interagency coordination for the wide range of programs that
affect the wellbeing of Native children and expect the Bureau
to work with relevant Federal, State, local and Tribal
organizations to make these programs more effective.
The Committees are concerned by the recent Government
Accountability Office report (GAO-17-423) on Tribal
transportation, which identified potential negative impacts
of road conditions on Native student school attendance. The
Committees recommend BIE take steps to improve its data
collection on the cause of student absences, including data
on road and weather conditions, and to report back to the
Committees within 120 days of enactment of this Act regarding
its actions to improve student absence data tracking and
analysis.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2017 and estimated
to be $241,600,000.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $354,113,000 for Construction. Details
are contained in the justification submitted to the Congress
and in the funding allocation table at the end of this
explanatory statement, except as otherwise discussed below:
Account-wide.--Not later than 90 days after enactment of
this Act, Indian Affairs shall submit an operating plan to
the Committees detailing how fiscal year 2018 funding will be
allocated and including specific projects where available and
the methodology used in the prioritization. Where specific
project allocations are not yet available, the plan shall
provide the circumstances and Indian Affairs shall brief the
[[Page H2620]]
Committees when project allocations are available.
Joint Ventures.--Indian Affairs is expected to comply with
the directive in House Report 115-238 regarding the
establishment of joint venture programs for schools and
justice centers and modeled after the Indian Health Service's
program.
Education Construction.--The agreement provides
$238,245,000 for schools and related facilities within the
Bureau of Indian Education system and includes the following:
$105,504,000 for replacement school campus construction;
$23,935,000 for replacement facility construction;
$13,574,000 for employee housing repair; and $95,232,000 for
facilities improvement and repair. The Committees expect the
increase provided for facilities improvement and repair to be
used to address deficiencies identified by annual school
safety inspections.
The Committees continue to expect BIA and BIE to work
together to ensure that annual safety inspections are
completed for all BIE schools and remain concerned that the
Bureaus have not developed concrete tracking and capacity-
building systems to ensure that safety issues flagged by
these inspections are addressed in a timely manner. The
Committees are also concerned by reports from tribally
operated schools that BIE is not providing necessary training
or access to funding from the Facilities Improvement and
Repair program to meet urgent safety and maintenance needs.
The Committees direct BIE and BIA to provide an
implementation plan to the Committees to address these
concerns within 120 days of enactment of this Act.
The Bureau of Indian Education is directed to report back
within 60 days of enactment of this Act on the progress the
Bureau has made towards implementing a long-term facilities
needs assessment modeled after the Department of Defense
Education Activity, as directed by House Report 114-632.
The Committees continue to strongly support innovative
financing options to supplement annual appropriations and
accelerate repair and replacement of Bureau schools,
including through the use of construction bonds, tax credits,
and grant programs.
Public Safety and Justice Construction.--The agreement
provides $35,309,000 for public safety and justice
construction and includes the following: $18,000,000 to
restart the facilities replacement and new construction
program; $4,494,000 for employee housing; $9,372,000 for
facilities improvement and repair; $169,000 for fire safety
coordination; and $3,274,000 for fire protection.
The Committees include funding for the replacement
construction program, which has not received funding from the
Bureau since fiscal year 2010, as other agencies have sought
to build these facilities. The Committees also understand the
Bureau currently has compiled a list of replacement
facilities based upon the facilities condition index, inmate
populations, and available space. It is the expectation the
funding made available for this activity will utilize this
list. Further, the Committees encourage the Bureau to develop
a master plan that details the location and condition of
existing facilities relative to the user population, and
incorporates the use of existing tribally constructed
facilities and regional justice centers, such as the
Shoshone-Bannock Tribes' Justice Center, as an efficient
approach to filling gaps where additional facilities are
needed. Reasonable driving distances for visitation should be
taken into consideration.
Resources Management Construction.--The agreement provides
$67,192,000 for resources management construction programs
and includes the following: $24,692,000 for irrigation
project construction; $2,596,000 for engineering and
supervision; $1,016,000 for survey and design; $648,000 for
Federal power compliance; and $38,240,000 for dam safety and
maintenance.
The Committees are aware of the aging Indian irrigation
systems and that most of these systems are in need of major
capital improvement; therefore, additional funding has been
included to address the infrastructure needs. Additionally,
it is the Committees' understanding that these projects are
consistent with those activities authorized as part of the
Water Infrastructure Improvements for the Nation Act (P.L.
114-322).
The Committees are concerned that there are an unknown
number of dams on reservations that have not received a
hazard classification, and that the current review process is
behind schedule. The Committees strongly encourage the Bureau
to begin the work on these dams and report back to the
Committees on the best way to effectively quantify the
potential pool of dams on reservations in need of a review
and/or classification.
Other Program Construction.--The agreement provides
$13,367,000 for other programs and includes the following:
$1,119,000 for telecommunications; $3,919,000 for facilities
and quarters; and $8,329,000 for program management,
including $2,400,000 to continue the project at Fort Peck.
indian land and water claims settlements and miscellaneous payments to
indians
The bill provides $55,457,000 for Indian Land and Water
Claims Settlements and Miscellaneous Payments to Indians,
ensuring that Indian Affairs will meet the statutory
deadlines of all authorized settlement agreements to date.
The detailed allocation of funding by settlement is included
in the table at the end of this explanatory statement.
indian guaranteed loan program account
The bill provides $9,272,000 for the Indian Guaranteed Loan
Program Account to facilitate business investments in Indian
Country.
administrative provisions
(including rescission of funds)
The bill includes a rescission of $8,000,000 from prior
year unobligated balances within the Operation of Indian
Programs account. The Bureau is directed to take the
rescission from within Early Child and Family Development as
detailed above.
departmental offices
office of the secretary
departmental operations
The agreement provides $124,182,000 for Departmental
Offices, Office of the Secretary, Departmental Operations.
The Office of Valuation Services is funded at $10,242,000.
The Committees accept the proposal in the budget request to
transfer the Office of Natural Resources Revenue to
Department-wide Programs. The agreement includes language as
requested establishing the Department of the Interior
Experienced Services Program. The detailed allocation of
funding by program area and activity is included in the table
at the end of the statement.
National Monument Designations.--The Department is directed
to collaboratively work with interested parties, including
Congress, States, local communities, Tribal governments, and
others before making national monument designations.
American Discovery Trail.--The Committees encourage the
Secretary to work with the National Park Service, the Bureau
of Land Management, other appropriate agencies, and
appropriate stakeholders, in conjunction with all relevant
laws, regulations, and policies, to facilitate installing
signage for the American Discovery Trail.
Tamarisk Eradication.--The Committees encourage the
Secretary to coordinate with the Department of Agriculture,
other Federal agencies, States, Tribes, private entities, and
communities to establish a scientifically based and
watershed-focused pilot program to eradicate tamarisk in the
southwestern United States.
Departmental Documents.--The Committees remind the
Department of the need in departmental documents that
delineate Federal, State, and private land, such as
acquisition boundary maps and resource management plans, to
more clearly indicate that Federal land management documents
apply only to Federal lands and do not apply to private land
unless authorized by law and approved by the landowner.
Tribal Energy Development.--The Committees direct the
Secretary to provide a report to the Committees within 90
days of enactment of this Act on efforts to improve the
ability of Tribes to develop energy resources on tribal
lands. Such report should address any potential obstacles,
including statutory or regulatory, to full resource
utilization.
Conservation Partnerships.--The Committees continue to
support the partnership between the Department and the 21st
Century Conservation Service Corps and Public Lands Corps
which engage youth and veterans in protecting, restoring, and
enhancing America's great outdoors.
Payments in Lieu of Taxes (PILT).--The agreement includes
funding for the Payments in Lieu of Taxes (PILT) program for
fiscal year 2018 in Section 118 of Title I General
Provisions.
National Park Fees.--The Secretary is directed to provide
to the Committees within 60 days of enactment of this Act a
report analyzing the Administration's October 24, 2017
proposal to raise national park entry fees. Such report must
include a cost benefit analysis and evaluation of the impact
on accessibility to the parks.
insular affairs
assistance to territories
The agreement provides $96,870,000 for Assistance to
Territories. The detailed allocation of funding is included
in the table at the end of this explanatory statement.
The agreement recognizes that the Office of Insular Affairs
funds important efforts to improve education, health,
infrastructure, judicial training, and economic
sustainability in the Insular areas and expects funds to
continue to be awarded accordingly. Additionally, the Office
is directed to continue to award noncompetitive technical
assistance funds to support investments in civic education
programs for Insular Area students.
U.S. Virgin Islands Hurricane Impacts.--The Committees
continue to be concerned about the catastrophic impacts of
Hurricane Irma to the U.S. Virgin Islands. The Committees
recognize that the Office will play an important role in
long-term disaster recovery and direct the Office to continue
to provide information to the Committees on recovery needs.
compact of free association
The agreement provides $3,363,000 for Compact of Free
Association. The detailed allocation of funding is included
in the table at the end of this explanatory statement.
office of the solicitor
salaries and expenses
The bill provides $66,675,000 for the Office of the
Solicitor. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
office of inspector general
salaries and expenses
The bill provides $51,023,000 for the Office of Inspector
General. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
[[Page H2621]]
office of the special trustee for american indians
federal trust programs
(including transfer of funds)
The agreement provides $119,400,000 for the Office of the
Special Trustee for American Indians, as requested. The
detailed allocation of funding by activity is included in the
table at the end of this explanatory statement.
department-wide programs
wildland fire management
(including transfers of funds)
The agreement provides a total of $948,087,000 for
Department of the Interior Wildland Fire Management. Of the
funds provided, $389,406,000 is for suppression operations.
The bill fully funds wildland fire suppression at the 10-year
average.
Fuels Management.--The agreement provides $184,000,000 for
fuels management activities.
Joint Fire Science.--The Committees support continued
research on unique ecosystems, such as boreal forests and
tundra ecosystems, through Joint Fire Science.
Unmanned Aerial Systems.--The Department, as the lead
agency in piloting and demonstrating the potential for
unmanned aerial systems (UAS) to assist in wildland fire
suppression, is directed to work with the Forest Service and
the Federal Aviation Administration's Center of Excellence
for Unmanned Aircraft Systems to continue evaluating these
systems' use and to develop an overall strategy for
integrating this additional tool into the Federal
firefighting mission. The Committees encourage the Department
to expand the use of UAS in the field, as appropriate.
central hazardous materials fund
The agreement provides $10,010,000 for the Central
Hazardous Materials Fund.
natural resource damage assessment and restoration
natural resource damage assessment fund
The agreement provides $7,767,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
working capital fund
The agreement provides $62,370,000 for the Department of
the Interior, Working Capital Fund.
office of natural resources revenue
The agreement provides $137,757,000 for the Office of
Natural Resources Revenue. The Committees accept the proposal
to create a separate account for the Office of Natural
Resources Revenue.
general provisions, department of the interior
(including transfers of funds)
The agreement includes various legislative provisions
affecting the Department in Title I of the bill, ``General
Provisions, Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 authorizes the Secretary of the Interior to
continue the reorganization of the Bureau of Ocean Energy
Management, Regulation, and Enforcement in conformance with
Committee reprogramming guidelines.
Section 109 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 110 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 111 modifies a provision addressing Bureau of Land
Management actions regarding grazing on public lands.
Section 112 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively
perform reimbursable work.
Section 113 addresses the humane transfer of excess wild
horses and burros.
Section 114 provides remaining payments to the Republic of
Palau pursuant to the Compact of Free Association
requirements.
Section 115 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 116 designates land located within the Lake Clark
National Park and Preserve as the ``Jay S. Hammond
Wilderness.''
Section 117 addresses National Heritage Areas.
Section 118 provides fiscal year 2018 funding for the
Payments in Lieu of Taxes (PILT) program.
Section 119 addresses Morristown National Historical Park.
Section 120 addresses the issuance of rules for sage-
grouse.
Section 121 incorporates by reference Section 7130
(Modification of the Second Division Memorial); and Section
7134 (Ste. Genevieve National Historical Park) of S. 1460
(Energy and Natural Resources Act of 2017) of the 115th
Congress, as well as H.R. 1281 as introduced in the 115th
Congress (A bill to extend the authorization of the Highlands
Conservation Act) and H.R. 4134 as introduced in the 115th
Congress (Cecil D. Andrus-White Clouds Wilderness Re-
designation Act).
Section 122 provides for mineral withdrawal of certain
lands subject to valid existing rights.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The bill provides $8,058,488,000 for the Environmental
Protection Agency (EPA). The bill does not support reductions
proposed in the budget request unless explicitly noted in the
explanatory statement.
Congressional Budget Justification.--The Agency is directed
to continue to include the information requested in House
Report 112-331 and any proposals to change State allocation
formulas that affect the distribution of appropriated funds
in future budget justifications.
Reprogramming and Workforce Reshaping.--The agreement does
not include any of the requested funds for workforce
reshaping. Further, the Committees do not expect the Agency
to consolidate or close any regional offices in fiscal year
2018. The Agency is held to the reprogramming limitation of
$1,000,000 and should continue to follow the reprogramming
directives as provided in the front of this explanatory
statement. It is noted that such reprogramming directives
apply to proposed reorganizations, workforce restructure,
reshaping, transfer of functions, or downsizing, especially
those of significant national or regional importance, and
include closures, consolidations, and relocations of offices,
facilities, and laboratories.
Further, the Agency may not use any amount of deobligated
funds to initiate a new program, office, or initiative,
without the prior approval of the Committees. Within 30 days
of enactment of this Act, the Agency is directed to submit to
the House and Senate Committees on Appropriations its annual
operating plan for fiscal year 2018, which shall detail how
the Agency plans to allocate funds at the program project
level.
Other.--It is noted that the current workforce is below the
fiscal year 2017 level, therefore, the agreement includes
rescissions in the Science and Technology and Environmental
Programs and Management accounts that capture expected
savings associated with such changes. The Agency is directed
to first apply the rescissions across program project areas
to reflect routine attrition that will occur in those program
project areas in fiscal year 2018 and then to reflect
efficiency savings in a manner that seeks, to the extent
practicable, to be proportional among program project areas.
Amounts provided in this Act are sufficient to fully fund
Agency payroll estimates. The Committees understand that the
Agency routinely makes funding payroll requirements a top
priority, and the Committees expect the Agency will continue
to do so as it executes its fiscal year 2018 appropriation
and applies the rescissions.
The Committees do not expect the Agency will undertake
adverse personnel actions or incentive programs to comply
with the rescissions nor do the Committees expect the Agency
will undertake large-scale adverse personnel actions or
incentive programs in fiscal year 2018. As specified in the
bill language, the rescissions shall not apply to the
Geographic Programs, the National Estuary Program, and the
National Priorities funding in the Science and Technology and
Environmental Programs and Management accounts. The Agency is
directed to submit, as part of the operating plan, detail on
the application of such rescissions at the program project
level.
science and technology
(including rescission of funds)
For Science and Technology programs, the bill provides
$713,823,000 to be partially offset by a $7,350,000
rescission for a net discretionary appropriation of
$706,473,000. The bill transfers $15,496,000 from the
Hazardous Substance Superfund account to this account. The
bill provides the following specific funding levels and
direction:
Indoor Air and Radiation.--The bill provides $5,997,000 and
funding for the radon program is maintained at not less than
the fiscal year 2017 enacted level.
Research: National Priorities.--The bill provides
$4,100,000 which shall be used for extramural research
grants, independent of the Science to Achieve Results (STAR)
grant program, to fund high-priority water quality and
availability research by not-for-profit organizations who
often partner with the Agency. Because these grants are
independent of the STAR grant program, the
[[Page H2622]]
Agency should strive to award grants in as large an amount as
is possible to achieve the most scientifically significant
research. Funds shall be awarded competitively with priority
given to partners proposing research of national scope and
who provide a 25 percent match. The Agency is directed to
allocate funds to grantees within 180 days of enactment of
this Act.
Additional Guidance.--The agreement includes the following
additional guidance:
Alternatives Testing.--The Agency is directed to follow the
guidance contained under this heading in House Report 115-238
and to also include in its report to the Committees
information and analysis related to potential barriers or
limitations on the use of alternative test methods and to
ensure that any future plans address such barriers or
limitations, particularly as they relate to susceptible
populations.
Computational Toxicology.--The Committees support the
Agency's computational toxicology research activities to
advance the next generation of risk assessment methods,
including for prioritization, screening and testing under the
Lautenberg Chemical Safety Act (LCSA). Such research
activities must be carried out following the requirements of
the LCSA to ensure that alternative test methods ``provide
information of equivalent or better scientific quality and
relevance'' and to protect susceptible subpopulations from
unreasonable risk. The Agency's National Center for
Computational Toxicology (NCCT) is encouraged to expand its
collaborations with scientific experts outside of the Agency
to advance development and use of human biology-based
experimental and computational approaches for chemical
assessments.
The Committees direct the Agency to develop the strategic
plan on alternative methods and testing strategies required
by the LCSA utilizing the leadership of the Director of
Office of Pollution Prevention and Toxics (OPPT), the
Director of NCCT, the Director of the National Toxicology
Program (NTP), and the Director of the National Center for
Environmental Assessment (NCEA). The process for developing
this strategic plan shall include requests for information
from the scientific community and the public and two or more
public meetings or workshops. The Agency shall circulate the
draft strategic plan for public review and comment, revise
the plan to address comments and then issue the strategic
plan, which shall include an appendix documenting response
to, and disposition of, public comments. In addition, NCCT,
OPPT, NTP, and NCEA shall each assign 1 FTE to collaborate on
evaluating computational toxicology, in vitro methods and
alternative test methods for specific scientifically-valid
applications by OPPT for implementation in the LCSA. The
Committees request the Agency to provide a status report on
these activities no later than September 30, 2018.
Enhanced Aquifer Use.--The Agency is directed to continue
following the guidance contained in Senate Report 114-281 in
addition to the guidance contained in House Report 115-238
directing the Agency to coordinate with other Federal
research efforts in this area.
Integrated Risk Information System.--The agreement
continues to provide funding for the Integrated Risk
Information System (IRIS) program at the fiscal year 2017
enacted level and direction that the program continues within
the Office of Research and Development. The Committees remain
concerned that the program has appeared on the Government
Accountability Office's (GAO) High Risk List since 2008. The
Committees are aware of progress made by the Agency to
implement the 2011 National Academy of Sciences' (NAS)
Chapter 7 and 2014 NAS report recommendations for the IRIS
program, but remain concerned that the recommendations have
not been fully implemented. The Committees note that the
Agency and the NAS held a workshop in February 2018 to review
advances made to the IRIS process, and that an NAS report on
IRIS' progress is forthcoming. The Committees are encouraged
that the program indicated its willingness to more closely
align the development of risk assessments with stated
regulatory priorities of the Agency, and believes that these
efforts will make the assessments more relevant. The
Committees understand that the program intends to continue
the development of new methodologies and technologies to
enhance the development of future IRIS assessments and
encourages the program to do so, while also encouraging the
program to ensure that all IRIS methodologies attain the
highest scientific rigor. Finally, the Committees urge the
expedited completion of the IRIS handbook and direct that the
public be afforded an opportunity to provide comment on the
handbook before it is placed in use.
National Air Toxics Trends Station Network.--The agreement
maintains funding for the National Air Toxic Trends Station
Network, which tracks air pollution trends at 27 stations
across the country, at the fiscal year 2017 enacted level to
accommodate the network's ongoing activities to gather
consistent, high-quality monitoring data on hazardous air
pollutants across the country.
Nanomaterials Research.--The Agency should continue to
follow the direction included in Senate Report 114-281 and
seek to maximize collaborative research efforts with the Food
and Drug Administration.
Partnership Research.--The Committees encourage the Agency
to continue leveraged partnerships with not-for-profit
institutions that often partner with the Agency, industry,
and affected stakeholders to produce independent science and
evaluate the effectiveness of environmental regulations
relating to unconventional oil and gas development. The study
should be used to provide credible science, of national
scope, relating to unconventional oil and gas development.
Within available funds, the Agency is directed to use not
less than $1,000,000 to partner on such a study during fiscal
year 2018.
STAR Grants.--The agreement provides funds to continue the
Science to Achieve Results (STAR) program and the Committees
direct the Agency to distribute grants consistent with fiscal
year 2017. Within 90 days of enactment of this Act, the
Committees direct the Agency to provide a briefing on its
plans for the program in fiscal year 2018.
environmental programs and management
(including rescission of funds)
For Environmental Programs and Management, the bill
provides $2,643,299,000 to be partially offset by a
$45,300,000 rescission for a net discretionary appropriation
of $2,597,999,000. The bill provides the following specific
funding levels and direction:
Clean Air.--The agreement maintains funding for the
EnergySTAR program at the fiscal year 2017 enacted level. In
2009, the Agency and the Department of Energy (DOE) signed a
Memorandum of Understanding (MOU) related to the EnergySTAR
Program, which shifted some functions related to home
appliance products from the DOE to EPA. The Agency shall work
with the DOE to review the 2009 MOU and report to the
Committees within 90 days of enactment of this Act on whether
the expected efficiencies for home appliance products have
been achieved.
Further, the Committees do not support the proposed
termination of voluntary programs, including Natural GasSTAR,
AgSTAR, the Combined Heat and Power Partnership, and other
partnership programs where EPA works collaboratively with
nongovernmental entities to identify beneficial methods to
reduce emissions, reduce pollution, or increase efficiency.
The Committees also maintain both program areas related to
stratospheric ozone at not less than the fiscal year 2017
enacted level.
Environmental Protection: National Priorities.--The bill
provides $12,700,000 for a competitive grant program to
provide technical assistance for improved water quality or
safe drinking water, adequate waste water to small systems or
individual private well owners. The Agency shall provide
$10,000,000 for the Grassroots Rural and Small Community
Water Systems Assistance Act, for activities specified under
section 1442(e) of the Safe Drinking Water Act (42 U.S.C.
300j-1(e)(8)). The Agency is also directed to provide
$1,700,000 for grants to qualified not-for-profit
organizations for technical assistance for individual private
well owners, with priority given to organizations that
currently provide technical and educational assistance to
individual private well owners. The Agency is directed to
provide on a national and multi-State regional basis,
$1,000,000 for grants to qualified organizations, for the
sole purpose of providing onsite training and technical
assistance for wastewater systems. The Agency shall require
each grantee to provide a minimum 10 percent match, including
in kind contributions. The Agency is directed to allocate
funds to grantees within 180 days of enactment of this Act.
The Committees understand the Agency has made a decision to
put out a multi-year Request for Applications for fiscal year
2017 and fiscal year 2018 without expressed approval from the
Committees. The Committees expect the Agency to formally
consult on similar decisions in the future.
Geographic Programs.--The bill provides $447,857,000, as
distributed in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The bill provides
$300,000,000 and the Agency shall continue to follow the
direction as provided in House Report 112-589 and in Senate
Report 114-281 related to the Great Lakes Restoration
Initiative. Additionally, the Committees encourage Agency
funds for Great Lakes projects to be made available for
projects in the historic Great Lakes Basin, which includes
the Chicago River Watershed.
Chesapeake Bay.--The bill provides $73,000,000 and the
Agency shall allocate funds consistent with the direction
under this heading in Senate Report 114-281.
Gulf of Mexico.--The bill provides $12,542,000 for the Gulf
of Mexico Geographic Program where hypoxia is a growing cause
for concern. The Committees direct the Agency to coordinate
with the U.S. Department of Agriculture, the Gulf States, and
other State, local and private partners to leverage greater
resources toward conservation projects on working-lands
within the Gulf Region and Mississippi River Basin. The
Agency is directed to distribute funds in the same manner as
fiscal year 2017.
Lake Champlain.--The bill provides $8,399,000 for the Lake
Champlain program. From within the amount provided,
$4,399,000 shall be allocated in the same manner as fiscal
year 2017 and $4,000,000 shall be for otherwise unmet needs
necessary to implement the Agency's 2016 Phosphorus Total
Maximum Daily Load Plan for Lake Champlain for projects and
work identified in the State implementation plan.
Puget Sound.--The bill provides $28,000,000 and the Agency
shall follow the direction under this heading in House Report
115-238.
[[Page H2623]]
Northwest Forest Program.--The Northwest Forest Program is
funded at not less than the fiscal year 2017 enacted level.
South Florida Program.--The agreement maintains funding for
the South Florida Program and directs the Agency to allocate
funds in the same manner as fiscal year 2017.
Indoor Air and Radiation.--The agreement maintains funding
for the radon program at the fiscal year 2017 enacted level
and funds have been included for Radiation Protection and
Reduce Risks from Indoor Air programs.
Information Exchange/Outreach.--The agreement includes
funding for tribal capacity building equal to the fiscal year
2017 enacted level, and the Agency is directed to use
environmental education funds for the smart skin care
program, similar to prior years. The agreement also provides
for the Small Minority Business Assistance program to be
continued.
International Programs.--The bill provides $15,400,000 and
includes funds to maintain the U.S.-Mexico Border program at
the fiscal year 2017 enacted level.
Legal/Science/Regulatory/Economic Review.--The bill
provides $111,414,000, equal to the fiscal year 2017 enacted
level. Within that amount, Integrated Environmental
Strategies is funded at the fiscal year 2017 level, so that
the Agency can continue to provide locally-led, community-
driven technical assistance to communities in partnership
with localities, States, and other Federal agencies.
Official Reception and Representation Expenses.--The bill
provides necessary funding for the Agency's Commission on
Environmental Cooperation meeting in fiscal year 2018.
Resource Conservation and Recovery Act.--The bill provides
$109,377,000. Of the funds provided under this section,
$6,000,0000 should be allocated for the purpose of developing
and implementing a Federal permit program for the regulation
of coal combustion residuals in nonparticipating States, as
authorized under section 4005(d)(2)(B) of the Solid Waste
Disposal Act (42 U.S.C. 6945(d)(2)(B)). The Committees also
reiterate the importance of additional language included in
House Report 115-238 related to coal combustion residuals and
recognize that additional State grants may be necessary as
States work to implement permit programs as authorized under
section 2301 of the WIIN Act (Public Law 114-322).
Additionally, the Committees continue to support the Waste
Minimization and Recycling program, and the Agency is
encouraged to use funds from within the program to help
public entities demonstrate community anaerobic digester
applications to municipal solid waste streams and farm needs
such as capturing excess phosphorus.
Toxics Risk Review and Prevention.--The bill provides
$92,521,000 and maintains funding for the Pollution
Prevention program and the Lead Risk Reduction program.
Water: Ecosystems.--The bill provides $47,788,000. From
within the amount provided, $26,723,000 has been provided for
the National Estuary Program (NEP) grants as authorized by
section 320 of the Clean Water Act. This amount is sufficient
to provide each of the 28 national estuaries in the program
with a grant of at least $600,000.
Further, in the Administrative Provisions section, the
Committees direct that $1,000,000 in competitive grants be
made available for additional projects, and encourages the
Agency to work in consultation with the NEP directors to
identify worthy projects and activities.
Water Quality Protection. --The bill provides $210,417,000
and maintains funding for the WaterSENSE program at the
fiscal year 2017 enacted level.
Additional Guidance.--The agreement includes the following
additional guidance:
Chesapeake Bay.--The Committees note the agreements signed
by the Agency, States and other stakeholders to locate a
Chesapeake Bay Liaison Office in Annapolis, Maryland to
facilitate coordination among jurisdictions and from
participating Federal agencies in support of the Chesapeake
Bay Program. Currently, the Chesapeake Bay Program Office is
located in Annapolis, per the agreement, and houses staff
from the Chesapeake Bay Program, five Federal agencies and 35
non-Federal partners in order to facilitate program
coordination. The Committees note and appreciate the
commitment made by the Agency to locate the office in, or
immediately adjacent to, Annapolis, in compliance with the
signed agreements and to also ensure that the future office
space will continue to accommodate all of the current
Chesapeake Bay Program Office participants. The Committees
direct the Agency to completely fulfill those commitments and
to keep the Committees fully apprised of progress in each
step of the lease process.
Coal Refuse-Fired Electrical Generating Units.--In its
rulemaking on New Source Performance Standards (NSPS), the
Agency provided a separate subcategory for SO2 emissions
standards for owners and operators of affected coal refuse-
fired facilities combusting 75 percent or more coal refuse on
an annual basis. In the subsequent rulemaking, ``National
Emission Standards for Hazardous Air Pollutants from Coal-
and Oil-Fired Electric Utility Steam Generating Units,'' (the
MATS rule) the Agency did not provide a separate subcategory
for coal refuse-fired Electric Generating Units (EGUs). It is
noted that some stakeholders believe that the NSPS standard
appropriately recognizes the multimedia environmental
benefits provided by coal refuse-fired EGUs and that the high
sulfur content present in coal refuse presents economic and
technical difficulties in achieving the same acid gas
standards as for coal. The Agency should consider revising
the MATS Rule as soon as practicable to provide a separate
category for coal refuse-fired EGUs for purposes of the acid
gas requirement and its SO2 surrogate consistent with the
NSPS.
Diesel Generators in Remote Alaska Villages.--Under 40 CFR
60.4216, diesel generators purchased after Model Year 2014
are required to have a diesel particulate filter if they are
used as the primary power generator. The Committees
understand that these filters have a high failure rate in
harsh weather conditions and that repair of the filters can
be difficult and expensive. The Committees direct the Agency
to reexamine 40 CFR 60.4216 and consider exempting these
Villages from the diesel particulate filter requirement.
Ecolabels for Federal Procurement.--Multiple forest
certification systems have been recognized throughout the
Federal government as supporting the use of sustainable
products in building construction and other uses. The
Committees are concerned that the Agency's efforts have not
acknowledged many of these certification systems and are
therefore limiting the procurement of some products that may
be sustainable. The Committees understand that the Agency's
Wood/Lumber product category recommendation is currently
under review. The Committees direct the Agency to align its
Wood/Lumber recommendation with the provisions of the USDA
BioPreferred program.
Elk River.--The Committees encourage the Agency, in
coordination with the Department of State and other Federal
agencies, to work with State, local, and Tribal partners on
efforts to reduce selenium, sulfates, nitrates and other
harmful contaminants in the Kootenai Watershed, to which the
Elk River is a tributary. The Agency is directed to brief the
Committees on its efforts within 180 days of enactment of
this Act.
Exempt Aquifers.--The Agency shall follow the guidance
contained under this heading in House Report 115-238.
Fish Grinding.--Under a Clean Water Act general permit,
onshore seafood processors in Alaska are allowed to grind and
discharge seafood waste. The permit requires that all seafood
waste be ground to a size of no more than one-half inch in
any dimension. Unfortunately, in some instances, the best
available technology is unable to achieve a half inch grind
dimension on a consistent basis due to the malleable nature
of fish waste. The Agency should develop a policy to ensure
that fish processors using the best available technology and/
or best conventional practice will be considered in
compliance. Additionally, processing vessels operating in
waters off-shore of Alaska are subject to the same one-half
inch grinding requirement even though there are no documented
water quality issues that require such grinding. The Agency
should exempt offshore processing vessels from the
requirement.
Glider Kits.--The Committees understand the Agency has
announced plans to revisit portions of its Phase 2 Greenhouse
Gas (GHG) Emissions and Fuel Efficiency Standards for Medium-
and Heavy-Duty Engines. Upon completion of the review, the
Agency is directed to update the Committees on the matter.
Integrated Planning.--The Agency is encouraged to continue
using an integrated planning approach to enhance flexibility
for communities struggling to meet compliance costs mandated
under the Clean Water Act (CWA) as well as the Agency's
efforts to consider a community's ability to pay for
compliance costs when determining permitting actions under
the CWA. The Agency is directed to maintain technical
assistance and outreach to communities seeking to develop and
implement an integrated planning approach to meeting Clean
Water Act requirements. Further, the Committees urge the
Agency to implement integrated planning measures through a
flexible permit process rather than enforcement actions and
consent decrees.
Interagency Consultations.--The Agency is directed to
continue following the requirements in Senate Report 114-281
regarding consultation with the Secretary of Agriculture
related to the Federal Insecticide, Fungicide, and
Rodenticide Act.
Pesticides Registration Improvement Act.--The agreement
provides additional funding for compliance with the
Pesticides Registration Improvement Act. The Committees
direct the Agency to comply with the fiscal year 2017
quarterly reporting requirement related to previously
collected maintenance fees that are currently unavailable for
obligation. To ensure the Committees have the most accurate
information regarding this issue, the Agency is directed to
provide a briefing within 30 days of enactment of this Act.
Public Access to Research.--The Agency released its Plan to
Increase Access to Results of EPA-Funded Scientific Research
on November 29, 2016. The Committees urge the Agency to
continue its efforts towards full implementation of the plan,
and directs the Agency to provide an update on its efforts
within 60 days of enactment of this Act.
Regulation of Groundwater.--Since enactment in 1972, the
Clean Water Act (CWA) has regulated impacts to navigable
waters, while
[[Page H2624]]
regulation of groundwater has remained outside of the Act's
jurisdiction. Instead, legislative history surrounding the
CWA indicates that Congress intended for groundwater
pollution to be regulated through CWA's nonpoint source
programs and other Federal and State laws. For example,
releases into groundwater from solid waste units are
regulated at a Federal level by the Resource Conservation and
Recovery Act (RCRA). Recently, some courts have imposed a
broad view of CWA liability based on a theory of hydrological
connection between groundwater and surface water. Other
courts have taken a more narrow view and have focused on
statutory distinctions between surface water and groundwater.
The Committees are aware that the Agency has requested
comment on its previous statements ``regarding the Clean
Water Act (CWA) and whether pollutant discharges from point
sources that reach jurisdictional surface waters via
groundwater or other subsurface flow that has a direct
hydrologic connection to the jurisdictional surface water may
be subject to CWA regulation.'' After completing the public
comment process, the Committees encourage the Agency to
consider whether it is appropriate to promulgate a rule to
clarify that groundwater releases from solid waste units are
regulated under RCRA and are not considered point sources,
and, that releases of pollutants through groundwater are not
subject to regulation as point sources under the CWA. The
Agency is directed to brief the Committees about its findings
and any plans for future rulemaking.
Small Refinery Relief.--The Committees continue the
directive contained in Senate Report 114-281 related to small
refinery relief. The Agency is reminded that, regardless of
the Department of Energy's recommendation, additional relief
may be granted if the Agency believes it is warranted.
Toxic Substances Control Act (TSCA) Risk Evaluations.--
Under the agreement, the Agency is directed to implement the
Frank R. Lautenberg Chemical Safety for the 21st Century Act
in a manner that reflects the best available science as now
required under TSCA section 26.
Agricultural Operations.--The Committees note that Congress
never intended the Solid Waste Disposal Act to govern animal
or crop waste, manure, or fertilizer, or constituents derived
from such sources. The Agency's longstanding regulations
accurately reflect Congress' intent not to regulate manure
and crop residues under the Solid Waste Disposal Act, and the
Committees support legislative efforts to clarify and codify
the treatment of agricultural byproducts under the Solid
Waste Disposal Act.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The bill provides $3,674,000 which is expected to be fully
offset by fees for a net appropriation of $0. The Committees
continue to support the expeditious development of a system
that would allow for the electronic tracking of hazardous
waste shipments pursuant to Public Law 112-195.
The Committees realize the Agency is transitioning from the
developmental phase to the implementation phase for the E-
Manifest System. Therefore, the Committees urge the Agency to
use an adequate portion of funding to begin the
implementation of the Application Program Interface System
which will allow hazardous waste treatment, storage,
transport and disposal facilities to interface their computer
systems with those of EPA to upload and download manifest and
other important information related to full scale
implementation of the system.
OFFICE OF INSPECTOR GENERAL
The bill provides $41,489,000 for the Office of Inspector
General.
BUILDINGS AND FACILITIES
The bill provides $34,467,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,091,947,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $8,778,000 to the Office of Inspector General
account and $15,496,000 to the Science and Technology
account. When combined with an additional $54,389,000 for the
Superfund Remedial program and an additional $8,611,000 for
the Superfund Emergency Response and Removal program in a
general provision in Title IV, the bill provides a total of
$1,154,947,000 for the Hazardous Substance Superfund. The
bill provides the following additional direction:
Enforcement.--The agreement provides $166,375,000 for
Superfund enforcement, equal to the fiscal year 2017 enacted
level. The Committees do not concur with the proposed
elimination of financial support to the Department of Justice
(DOJ). The Agency is directed to continue financial support
of the DOJ in fiscal year 2018 at a level that will ensure
the DOJ can continue to initiate and prosecute civil,
judicial, and administrative site remediation cases and
ensure that responsible parties perform cleanup actions at
sites where they are liable.
Additional Guidance.--The Committees have provided the
following additional guidance with respect to funding
provided under this account:
Baseline Testing Study.--The Committees direct the Agency
to work with the Municipality of Vieques to partner with a
University-led coalition, which shall include a School of
Public Health, to conduct research to facilitate the
effective testing, evaluation, quantification and mitigation
of the toxic substances in the soil, seas, plant, animal and
human population of Vieques. This effort will fill an
information void at this site, which functioned as a military
training installation for decades, and serve as the baseline
study for all potential future mitigation efforts.
Contaminants of Emerging Concern.--The bill provides
$181,306,000 in base funds for Emergency Response and Removal
activities. When combined with an additional $8,611,000 in a
general provision in Title IV, the bill provides a total of
$189,917,000 for Emergency Response and Removal activities.
These activities should include collaborative work with
State, Tribal, and local governments to help communities
address contaminants of emerging concern. Furthermore, the
Committees recommend that the Agency expeditiously remediate
Superfund sites contaminated by these emerging contaminants,
and provide technical assistance and support to States and
Tribes during the remedial cleanup process.
Financial Assurance.--Since enactment of the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA) in 1980, Federal agencies like the Bureau of Land
Management and Forest Service have created and updated
financial assurance requirements for reclamation and closure
of hardrock mining facilities on Federal lands. Similarly,
several States have developed financial assurance programs
for mining activities occurring on private and State lands.
The Committees understand that, pursuant to a Federal
Register notice signed on December 11, 2017, the EPA will not
impose new Federal financial assurance requirements on
hardrock mining facilities.
Sediment Guidance.--When implementing the recommendations
of the Superfund Task Force, the Agency should consider
additional improvements to the consistency of the application
of sediment guidance among regions. At sites expected to
exceed $50,000,000, the Committees encourage the Agency to
include the Contaminated Sediment Technical Advisory
Committee (CSTAG) and the National Remedy Review Board (NRRB)
throughout the process and to ensure that their technical
review and remedy recommendations are evaluated and
considered for inclusion in the final remedy. Additionally,
the Committees encourage the Agency to, consistent with
National Oil and Hazardous Substances Contingency Plan, set
achievable cleanup goals, broaden the use of adaptive
management and early actions, explore the utility of public-
private partnerships similar, expand stakeholder
participation, and promote cost-effectiveness, redevelopment,
and sustainability in the Superfund process.
Tribal Guidance.--The Committees recognize the importance
of government-to-government Tribal consultation as well as
the necessity to honor Tribal treaty rights and resources
protected by treaties. The Agency is directed to fully
implement the Agency's Guidance for Discussing Tribal Treaty
Rights to ensure Agency actions adequately consider treaty
rights proactively throughout the consultation process.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $91,941,000 for the Leaking Underground
Storage Tank Trust Fund Program.
INLAND OIL SPILL PROGRAMS
The bill provides $18,209,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
The bill provides $3,562,161,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Infrastructure Assistance.--The bill provides
$2,486,120,000 in base funds for infrastructure assistance.
When combined with an additional $650,000,000 in a Title IV
general provision, the bill provides a total of
$3,136,120,000 for infrastructure assistance. The amount
provided increases funding for the State Revolving Loan Funds
$600,000,000 above the fiscal year 2017 enacted level. The
agreement includes a total of $1,693,887,000 for the Clean
Water State Revolving Loan Fund and $1,163,233,000 for the
Drinking Water State Revolving Loan Fund.
Assistance to Small and Disadvantaged Communities.--Within
a Title IV general provision, the bill provides $20,000,000
to begin a grant program to help small and disadvantaged
communities develop and maintain adequate water
infrastructure. The program was created in section 2104 of
Public Law 114-322. The Agency is directed to brief the
Committees prior to publishing its request for applications
related to this new grant program.
Reducing Lead in Drinking Water.--Within a Title IV general
provision, the bill provides $10,000,000 to begin a grant
program, created in section 2105 of Public Law 114-322, to
provide assistance to eligible entities for lead reduction
projects. The Agency is directed to brief the Committees
prior to publishing its request for applications related to
this new grant program.
Lead Testing.--Within a Title IV general provision, the
bill provides $20,000,000 to begin a grant program for
voluntary testing of drinking water for lead contaminants at
schools and child care facilities, as authorized in section
2107 of Public Law 114-322. The Agency is directed to brief
the Committees prior to publishing its request for
applications related to this new grant program.
Brownfields Program.--The bill provides $80,000,000 for
brownfields grants and directs
[[Page H2625]]
that at least 10 percent of such grants be provided to areas
in which at least 20 percent of the population has lived
under the poverty level over the past 30 years as determined
by censuses and the most recent Small Area Income and Poverty
Estimates.
Use of Iron and Steel.--The bill includes language in Title
IV General Provisions that stipulates requirements for the
use of iron and steel in State Revolving Fund projects, and
the agreement includes only the following guidance. The
Committees acknowledge that EPA may issue a waiver of said
requirements for de minimis amounts of iron and steel
building materials. The Committees emphasize that any coating
processes that are applied to the external surface of iron
and steel components that otherwise qualify under the
procurement preference shall not render such products
ineligible for the procurement preference regardless of where
the coating processes occur, provided that final assembly of
the products occurs in the United States.
Diesel Emission Reductions Grants (DERA).--The bill
provides $75,000,000 for DERA grants. For fiscal year 2018,
the Committees direct the Agency to continue to make at least
70 percent of DERA grants available to improve air quality in
non-attainment areas.
Targeted Airshed Grants.--The bill provides $40,000,000 for
targeted airshed grants to reduce air pollution in non-
attainment areas. The Agency is directed to distribute the
grants on a competitive basis using the same criteria as
specified under this heading in the explanatory statement
accompanying Division G of the Consolidated Appropriations
Act, 2017 (Public Law 115-31). Not later than the end of
fiscal year 2018, the Agency should provide a report to the
Committees on Appropriations that includes a table showing
how fiscal year 2016 and 2017 funds were allocated. The table
should also include grant recipients and metrics for
anticipated or actual results.
Animas River Spill.--The Committees concur with the
Agency's decision to reconsider its previous determination to
deny claims for damages from the Animas River Spill by
invoking the discretionary act exemption in the Federal Tort
Claims Act, but are concerned that little progress has been
made on processing or paying out claims. The Committees are
also concerned that the Agency is applying or may apply an
inconsistent standard that discriminates against certain
claimants. The Committees expect the Agency and the Federal
government to take a clear and consistent position on the
question of whether they are responsible for damages caused
to others by the Gold King Mine release. The Committees
support paying out all legitimate claims from the Judgment
Fund, consistent with the Federal Tort Claims Act, and
communicating all relevant aspects of the claims process
clearly to all affected communities, State, local and Tribal
governments, along with the Committees. Within 30 days of
enactment of this Act, the Agency shall provide to the
Committees a written report detailing the status of the
review of the legal basis for allowing or rejecting claims
and the date by which such review will be complete, the
current process underway for processing claims, the status of
all claims, including reconsidered claims, the Agency's
complete plan for processing all claims, and any other future
planned actions related to current or future claims. Finally,
the bill provides $4,000,000 for a long-term water quality
monitoring program, as authorized by Public Law 114-322. The
Agency is directed to continue to work in consultation with
affected States and Tribes on that effort.
Categorical Grants.--The bill provides $1,076,041,000 for
Categorical Grants and funding levels are specified in the
table at the end of this division. Within this amount, the
Beaches Protection program and Radon program are both
maintained at the fiscal year 2017 enacted levels. The Agency
shall continue to allocate radon grants in fiscal year 2018
following the direction in House Report 114-632.
The amount also includes $228,219,000 for the State and
Local Air Quality Management grant program, and the Agency is
directed to allocate funds for this program using the same
formula as fiscal year 2015. The Committees understand the
Office of Air and Radiation was able to provide some
additional funds to the States in fiscal year 2016 using
balances. The Committees encourage the Agency to do the same
in fiscal year 2018 and to provide those additional funds to
the regions with the highest need.
Categorical Grant: Multipurpose Grants.--Because the States
are expected to take a leading role in compliance with
environmental cleanup, the agreement provides $10,000,000 for
Multipurpose grants to States and Tribes. The Committees were
disappointed with the Agency's funding formula in fiscal year
2016 because it did not provide the flexibility that Congress
expected and instead gave preference to air programs. In
fiscal year 2018, the Agency is directed to give maximum
flexibility to States, so that States, not the Agency, may
determine where funds from this grant program are of most
value.
Categorical Grant: Nonpoint Source (Sec. 319).--The bill
provides $170,915,000 and the Committees expect the Agency to
examine the allocation formula to ensure that the resources
are being spent in areas with the most pressing needs.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The bill provides a total of $63,000,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program.
Within base funding in Title II, the bill provides
$10,000,000 for the WIFIA program, and a Title IV general
provision provides an additional $53,000,000 for the program.
By utilizing $5,000,000 in base funds and $3,000,000 in Title
IV funds, the Agency may use up to a total of $8,000,000 to
assist with the administrative expenses for the program. The
remaining $55,000,000 in WIFIA funds is provided for direct
loan subsidization which may translate into a potential loan
capacity in excess of $6,000,000,000 to eligible entities for
water infrastructure projects.
Greater investment in the replacement of aging
infrastructure will help mitigate nationwide issues the
Committees are tracking related to contaminants such as lead
and arsenic, help address Combined Sewer Overflows and
Sanitary Sewer Overflows, and allow systems to improve water
delivery for residents. The Committees expect that the Agency
will issue loans for the first time in fiscal year 2018 and
the Committees intend to closely monitor implementation.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The bill continues several administrative provisions from
previous years.
Rescission.--The bill rescinds $96,198,000 of unobligated
balances from the State and Tribal Assistance Grants account.
The Agency shall calculate the requisite percent reduction
necessary to rescind such amounts from new obligational
authority provided to this account, both from the direct
appropriation and from amounts provided in a general
provision in Title IV, and apply it across program project
areas by formula. The Agency is directed to submit, as part
of the operating plan, detail on the application of such
rescissions by program project area.
TITLE III--RELATED AGENCIES
Department of Agriculture
FOREST SERVICE
Forest Service Directives.--The Forest Service is reminded
of the importance of the directives included in House Report
115-238 not specifically addressed herein, as well as the new
directives in this statement, including the front matter, and
the Committees encourage the Service to share this statement
with all staff. The Service also is reminded to include the
research report, as required by the House report, in its
fiscal year 2020 budget request.
Forest Service Accounting, Budgeting, and Management.--The
Committees appreciate the Service's efforts to improve its
accounting, budgeting, and management practices and look
forward to working with the Service, Office of Budget and
Program Analysis, Under Secretary for Natural Resources and
Environment, and Secretary of Agriculture to continue these
improvements. The agreement includes bill language and
directives to further increase transparency and confidence in
the Service's management of its programs and activities.
Government Accountability Office Report.--Over the past
three fiscal years, the Committees have become increasingly
concerned about the Service's lack of internal controls over
budgetary resources, reimbursable agreements, and
unliquidated obligations. The lack of controls indicates a
weak financial system, which increases the possibility of
inefficient and ineffective use, if not outright waste,
fraud, and abuse, of taxpayer funds. After conducting an 18-
month audit, the Government Accountability Office (GAO)
recently made 11 recommendations in a report titled ``Forest
Service: Improvements Needed in Internal Control over Budget
Execution Process'' (GAO-18-56). While the Service is
expected to implement the recommended changes as soon as
practicable, Congress also recognizes the challenges of
developing, updating, and implementing these important fiscal
controls. As such, the Committees request that the Service
work with the Committees to remedy any hindrances to their
implementation.
Standardized Budget Practices.--The Committees continue to
support the Service's efforts in centralizing and
standardizing budgeting and accounting practices among the
Regions and program offices and look forward to reviewing the
Service's plan for updating its budget process and
presentation.
Integrated Resource Restoration Pilot Project.--The
agreement ends the Integrated Resource Restoration pilot
project. The Committees remind the Service of its previous
direction to adopt the best practices and methods discovered
through the pilot project and to require unit, forest,
region, station, and Washington Office budgets to be
collaboratively developed, while reflecting the priorities
established by Congress.
Alignment of Funding and Program Goals.--This fiscal year,
Congress takes an important step to increase transparency by
aligning program dollars to the accounts that best meet
program goals. For example, in the past, Fire Plan Research
and Development has been funded from within the Wildland Fire
Management Account, yet its funding was routinely transferred
to the Forest and Rangeland Research Account. This agreement
appropriates funds for Fire Plan Research and Development
within the Forest and Rangeland Research account and
Hazardous Fuels within the National Forest System account to
minimize unnecessary transfers and increase transparency.
[[Page H2626]]
Cost Pools.--The Service has been utilizing Cost Pools to
pay for certain costs associated with personnel,
administrative activities, facilities, and other expenses
rather than utilizing an administrative account. As part of
continuing efforts to improve collaboration in budgeting, the
Committees have determined that ending the practice of Cost
Pools in favor of more direct accounting is in the best
interest of the Service and the taxpayer. The Committees are
committed to working with the Service as it reviews options
for replacing Cost Pools. As such, the Service is directed to
develop a plan to transition away from Cost Pools, with the
exception of Cost-Pool 9, which occurs with this bill, and
provide that plan to the House and Senate Committees on
Appropriations within 180 days of enactment of this Act.
Cost-Pool 9.--For 12 years, the Service has assessed
program funds for facilities maintenance needs, causing the
funds appropriated to programs to appear greater than they
actually were. The Committees believe all facility projects
should be accounted for in the facility line item, and that
projects should be prioritized within that line item. As
such, this agreement moves funds from programs to the
dedicated facilities account. Where such changes have been
made, it is noted within the account in this explanatory
statement. If the Service identifies shortfalls for critical
facilities maintenance needs, it is directed to submit a
reprogramming request to the Committees. Additionally, the
Service should reduce the size of its facilities footprint,
where possible, particularly in areas where management
functions can be combined while still providing comprehensive
service to a geographic area.
National Fire Plan.--Despite more than $5,000,000,000 in
investments in hazardous fuels mitigation since the
development of the National Fire Plan following the 2000 fire
season, the Service has not been able to keep pace with the
challenges caused by previous management decisions, a
changing climate, ever-increasing costs, and an expanding
wildland-urban interface, all of which exacerbate the risk of
catastrophic wildfire. The Committees direct the Service to
work with the Office of Management and Budget and the
Department of the Interior, as well as other relevant
agencies, to review and update the National Fire Plan, as
needed.
Fire Hazard Potential Mapping Initiative.--The Committees
believe the Service should more precisely and effectively
target forest management activities to reduce the threat of
catastrophic wildfires, improve the management of the
national forests, and assist in protecting other Federal,
State, and private lands. The Service is directed to develop
a Fire Hazard Potential mapping tool to identify areas at a
high risk for wildland fire and describe the resources that
would be necessary to address the highest risk areas. The
Service should cooperatively work with universities, such as
the University of California and the University of Nevada,
that have expertise in this area, as well as the Department
of the Interior.
Printing Costs.--The Committees continue to be concerned
about the Service's printing costs. The Service is directed
to provide updated information as specified by Senate Reports
114-70 and 114-82 within 60 days of enactment of this Act.
The Service should provide a justification for its costs,
explain why they have not been reduced, and significantly
reduce printing expenditures.
Reprogramming.--The Committees remind the Service to follow
the letter and spirit of the reprogramming requirements in
this explanatory statement and direct the Service to submit
requests through the Office of Budget and Program Analysis.
Ceratocystis Disease.--The Service is directed to continue
its collaborative efforts to respond to the emergence of
Ceratocystis disease in Hawaii and Florida and to develop
recommended actions.
Puerto Rico Hurricane Recovery.--The Committees recognize
the devastating effects of Hurricane Maria on Puerto Rico's
natural resources, especially El Yunque National Forest, the
International Institute of Tropical Forestry, and private
forests, and strongly encourage the Service to utilize its
expertise, working with private partners and the Government
of Puerto Rico, to restore and rehabilitate the island's
unique forest ecosystems.
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT
The bill provides $875,000 for the Office of the Under
Secretary for Natural Resources and Environment. In previous
fiscal years, the Office was funded through the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act. This action aligns funding for
the Office consistent with the 2017 reorganization of U.S.
Department of Agriculture agencies and offices.
FOREST AND RANGELAND RESEARCH
The agreement provides $297,000,000 for Forest and
Rangeland Research, including $77,000,000 for Forest
Inventory and Analysis. The Service is directed to continue
important work previously funded through the Wildland Fire
Management account for Fire Plan Research and Development
that significantly contributes to the understanding of
wildfire regimes.
Cost-Pool 9.--The Committees note that funding previously
assessed for Cost-Pool 9 from Forest and Rangeland Research
is now accounted for in Capital Improvement and Maintenance.
Forest Research Priorities.--The Committees are concerned
that the research program is not well aligned with the needs
of the National Forest System. When assessing the value of
existing programs and new proposals, significant weight
should be given to projects whose findings could be
incorporated into forest management decisions. Within the
funds provided, the agreement includes sufficient funding to
support existing academic partners focused on research and
technology development to create new and expanded markets and
to advance high-value, high-volume wood markets; wood bridge
and other infrastructure needs in rural areas; bottomland
hardwood plantation management research; and forest
monitoring cooperatives in the Northern Region.
Research Reports.--The Committees direct the Service to
cease publishing, within 30 days of enactment of this Act,
paper copies for public distribution of science and research
accomplishment reports and to redirect these funds to
priority research projects, consistent with reprogramming
requirements.
STATE AND PRIVATE FORESTRY
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $335,525,000 for State and Private
Forestry.
Cooperative Forestry Activities.--The Committees direct the
Service to continue to utilize existing partnerships with
research institutions and States to fund research to
establish methods, tools, and standard protocols that help
quantify forest ecosystem services. Additionally, when
funding decisions are made regarding tree mortality, strong
consideration should be given to spruce beetle, Emerald Ash
Borer, and bark beetle infestations, which affect forests
throughout the Nation.
Forest Legacy.--The bill provides $67,025,000 for the
Forest Legacy program. This includes $6,400,000 for program
administration and $60,625,000 for projects. The Service
should fund projects in priority order according to the
updated, competitively selected national priority list
submitted to the Committees and the directive contained in
Division G of the explanatory statement accompanying Public
Law 115-31, the Consolidated Appropriations Act, 2017. The
Committees include a rescission of $5,938,000 in Forest
Legacy funds. This funding rescission is from cost savings of
some projects and funds returned from failed or partially
failed projects.
International Forestry Technical Assistance.--The
Committees acknowledge that Timor-Leste and Australia have
entered into a treaty to establish a permanent maritime
boundary. The Committees recognize the increased development
that will likely occur and encourage the Service to provide
technical assistance, as appropriate, to Timor-Leste to
protect the unique biodiversity of the region while
facilitating robust economic development.
NATIONAL FOREST SYSTEM
The agreement provides $1,923,750,000 for the National
Forest System.
Cost-Pool 9.--The Committees note that funding previously
assessed for Cost-Pool 9 from the National Forest System is
now accounted for in Capital Improvement and Maintenance.
Hazardous Fuels.--The agreement provides $430,000,000 for
hazardous fuels management activities within the National
Forest System account. With the accounting change for Cost-
Pool 9, this is a $45,500,000 increase over the fiscal year
2017 level. Within the total provided, $15,000,000 is for
biomass utilization grants, in accordance with the directions
included in Senate Report 114-281. The Committees direct the
Service to prioritize hazardous fuel removal projects that
are critical to protecting public safety in high hazard areas
in the national forests facing significant tree mortality and
to increase cross-boundary collaboration with landowners near
National Forest System lands and encourage the use of
hazardous fuels funding for this purpose.
Uinta National Forest.--The Committees are concerned about
the number of dead and dying trees in the Mirror Lake Scenic
Byway region in the Uinta National Forest and urge the
Service to evaluate the risk of wildfire to the area and
target management practices accordingly.
Grazing Fee Rates.--The Service is directed to provide
information to the Committees detailing the implications on
grazing fee calculations if the Service adopted the
definition of Western States as defined by Public Law 95-514.
Recreation, Heritage and Wilderness.-- The Committees have
been made aware that the majority of recreation special-use
permitting activities take place in the Landownership and
Access Management subaccount, previously known as
Landownership Management. Given the importance of special-use
permitting activities to users of our national forests and
concerns about significant delays in processing requests,
funding is included to increase the pace and scale of such
activities. Within the funds provided for recreation,
$750,000 shall be for the maintenance of rural airstrips and
$500,000 is made available to support infrastructure and
trails development and to build the capacity of local user
groups and partnership organizations for all National
Recreation Areas administered by the Service that were
established after 1997.
Law Enforcement.--The agreement provides $2,500,000 for the
Service's illegal marijuana eradication and remediation
efforts.
[[Page H2627]]
Lake Tahoe.--The Committees are encouraged by the work
conducted in the Lake Tahoe Basin Management Unit and expect
the Service to prioritize funding the implementation of P.L.
106-506, as amended, and to do so in consultation with
affected States, local governments, and other stakeholders.
Within 60 days of enactment of this Act, the Service shall
report to the Committees on these activities and the funding
that will be allocated in fiscal year 2018.
Tongass National Forest.--Without a comprehensive stand-
level inventory, the transition plan described by the Tongass
Land and Resource Management Plan Amendment lacks the
scientific basis needed for success, and no less than
$1,000,000 is provided for the continuation of the inventory
currently underway. The Committees expect the Service to meet
the requirements of section 705(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 539d(a)) and to
consider a plan revision or new plan amendment based on the
results of the inventory. Any plan revision or amendment
should include a timber management program sufficient to
preserve a viable timber industry in the region. Until the
Service has determined, based on a completed stand-level
inventory, the timing and supply of economic young growth
needed for a successful final transition and whether the 2016
Forest Plan should be amended or revised, the Service is
directed not to implement a final transition away from its
Tongass old growth timber program to a program based
primarily on young growth.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $449,000,000 for Capital Improvement
and Maintenance programs. This includes $49,986,000 made
available by discontinuing the use of Cost-Pool 9 and
$35,000,000 in one-time infrastructure funding to address
deferred maintenance.
Legacy Roads and Trails.--The Committees recognize the need
to remediate legacy roads and trails and direct the Service
to address these projects as they rank in priority along with
all other infrastructure needs from the appropriations
provided for roads and trails through the Capital Improvement
and Maintenance account and provide $40,000,000 within the
Roads budget line item.
Smokejumper Bases.--The agreement provides funds for
repairs, maintenance, and upgrades at smokejumper bases to
ensure operational readiness.
Green Mountain and Finger Lakes National Forests.--The
Committees urge the Service to address longstanding capital
improvement needs in the Green Mountain and Finger Lakes
National Forests, particularly those that will save the
Service money while also improving the public's access and
use of these forests.
Comprehensive Capital Improvement Plan.--The Service is
directed to establish a long-term, multi-year plan to guide
needed investments in buildings, facilities, transportation
systems, and other infrastructure by December 30, 2018. The
plan should: (1) establish a process for setting and ranking
construction and maintenance priorities; (2) reflect the
Service's mission, goals, and requirements; (3) identify
facilities, roads, and other infrastructure that should be
disposed of or decommissioned; (4) consider existing
investments in planning, construction, and maintenance, as
well as deferred maintenance needs; and (5) identify future
needs for investment to improve the physical infrastructure
and health of the national forests. The plan also should
include estimated funding requirements. In future budget
requests, the Service is directed to provide the Committees
with a list of any proposed construction project with a cost
greater than $1,000,000.
LAND ACQUISITION
The agreement provides $64,337,000 for Land Acquisition.
The amounts provided by this bill compared with the budget
estimates by activity and project are shown in the table
below, listed in priority order pursuant to the project list
received for fiscal year 2018. The Service is expected to use
the Critical Inholdings/Wilderness account to acquire high
priority lands, such as wilderness and lands of significant
value in designated conservation units, to consolidate
Federal ownership. The Committees strongly encourage the
Service to close projects once funds have been made
available, an appraisal has been completed, and a purchase
contract has been agreed to. Further instructions are
contained under the Land and Water Conservation Fund heading
in the front of this explanatory statement.
The Committees support the continuation of efforts to
resolve the long-standing management challenges regarding
school trust lands within the Boundary Waters Canoe Area in
the Superior National Forest in Minnesota and encourage the
Service to collaborate with nonprofit partners on the private
forestland exchange alternative, which will provide the added
benefit of preserving valuable forestlands outside of
Superior National Forest.
----------------------------------------------------------------------------------------------------------------
State Project Forest Unit This Bill
----------------------------------------------------------------------------------------------------------------
CA....................................... Trinity Divide............. Shasta-Trinity............. $5,000,000
MT....................................... Clearwater-Blackfoot Lolo....................... 5,000,000
Project.
MN....................................... Minnesota School Trust Superior................... 4,000,000
Lands.
MS....................................... Mississippi Black Water DeSoto..................... 1,000,000
Legacy.
WA....................................... WA Cascades/Yakima River Okanogan-Wenatchee......... 5,000,000
Watershed.
AK....................................... Admiralty Island NM Cube Tongass.................... 4,235,000
Cove.
CA....................................... Red Hill................... Sequoia.................... 2,600,000
VA/WV.................................... Chesapeake Bay Headwaters.. George Washington and 5,000,000
Jefferson.
MT....................................... Green Mountain National Helena..................... 1,000,000
Trails.
TN....................................... Tennessee Mountain Trails Cherokee................... 2,500,000
and Waters.
OH....................................... Appalachian Foothills...... Wayne...................... 1,800,000
VT....................................... Rolston Rest............... Green Mountain............. 1,800,000
FL....................................... Florida Longleaf Pine...... Osceola.................... 3,000,000
AZ....................................... Doll Baby Ranch............ Tonto...................... 2,900,000
NM....................................... Heart Bar Ranch............ Gila....................... 2,500,000
OR....................................... Pacific Northwest Streams.. Rogue River-Siskiyou....... 1,100,000
SC....................................... South Carolina's Sumter..................... 1,600,000
Conservation Legacy.
----------------------------------------------------------------------
Subtotal, FS Land ........................... 50,035,000
Acquisitions.
Budget Request............. This Bill
Acquisition Management..... 7,000,000.................. 7,352,000
Cash Equalization.......... 0.......................... 250,000
Recreational Access........ 0.......................... 4,700,000
Critical Inholdings/ 0.......................... 2,000,000
Wilderness.
----------------------------------------------------------------------
Total, FS Land Acquisition....... ........................... 7,000,000.................. 64,337,000
----------------------------------------------------------------------------------------------------------------
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The agreement provides $850,000 for the Acquisition of
Lands for National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The agreement provides $192,000 for the Acquisition of
Lands to Complete Land Exchanges.
RANGE BETTERMENT FUND
The agreement provides $2,065,000 for the Range Betterment
Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The agreement provides $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The agreement provides $2,500,000 for the Management of
National Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total of $2,880,338,000 for Forest
Service Wildland Fire Management. Of the funds provided,
$1,556,818,000 is for suppression operations, which includes
an additional $500,000,000 above the 10-year average.
Cost-Pool 9.--The Committees note that funding previously
assessed for Cost-Pool 9 from Wildland Fire Management is now
accounted for in Capital Improvement and Maintenance.
Regional Restoration.--The agreement provides an additional
$200,000 for partnerships that enhance the Service's capacity
to execute science-based forest restoration treatments to
reduce the risk of wildfires and improve the health of dry
forest ecosystems.
Unmanned Aerial Systems.--The Committees recognize Unmanned
Aerial Systems (UAS) can aid incident commanders as well as
improve the safety of firefighters and the public. As such,
the Service is expected to work with the Department of the
Interior and the Federal Aviation Administration's Center of
Excellence for Unmanned Aircraft Systems to continue
evaluating these systems' use and to develop an overall
strategy for integrating this additional tool into the
Federal firefighting mission. The Committees also recognize
that certain satellite-based ground surveillance systems
could significantly improve the accuracy of information
provided to fire-fighters, other first responders, and
communities and encourage the Service to seek opportunities
to utilize these satellite systems, as appropriate, as
[[Page H2628]]
well as other systems that help detect and monitor fire
activity.
Aviation Safety.--The bill repurposes $65,000,000 provided
in fiscal year 2015 for the purchase of new aircraft in order
to enhance firefighter mobility, effectiveness, efficiency,
and the operational safety of the Service's aviation program.
The funds shall be used to modernize aviation, radio, and
evacuation system infrastructure; and acquire sensory
equipment, UAS, and other platforms that detect and monitor
fire. Projects may include replacement or upgrades of
existing infrastructure at airtanker, helicopter, and
smokejumper bases; replacement of equipment, including
agency-owned aircraft; and improvements in training and night
air operations, but no project shall be undertaken that
increases recurring program costs. Within 60 days of
enactment of this Act, the Service shall provide a complete
list of anticipated projects to the Committees on
Appropriations utilizing this entire amount. The Committees
expect these funds to be obligated in fiscal years 2018 and
2019.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The agreement provides a total of $5,537,764,000 for the
Indian Health Service (IHS), of which $3,952,290,000 is for
the Services account as detailed below and in the funding
allocation table at the end of this explanatory statement.
All proposed cuts are restored, and increases above the
fiscal year 2017 enacted levels are detailed below and in the
table. The Service is reminded of the guidance and reporting
requirements contained in House Report 115-238 which must be
complied with unless specifically addressed to the contrary
herein, as explained in the front matter of this explanatory
statement.
Current Services.--The agreement provides $93,935,000 to
partially cover the cost of maintaining current levels of
service, of which $23,543,000 is for pay costs and
$70,392,000 is for medical inflation.
Indian Health Care Improvement Fund.--The agreement
provides $72,280,000 for the Indian Health Care Improvement
Fund. The Committees recognize the funding disparities that
exist across the Indian Health Service system and the ongoing
efforts by Tribes and the Service to update the allocation
formula accordingly. Upon completion of these efforts, the
Service is directed to update the Committees on the resulting
allocations.
Staffing for New Facilities.--The agreement includes
$60,336,000 for staffing newly opened health facilities,
which is the full amount based upon updated estimates
provided to the Committees. Funds for the staffing of new
facilities are limited to facilities funded through the
Health Care Facilities Construction Priority System or the
Joint Venture Construction Program that have opened in fiscal
year 2017 or will open in fiscal year 2018. None of these
funds may be allocated to a facility until such facility has
achieved beneficial occupancy status.
Accreditation Emergencies.--The Committees consider the
loss or potential loss of a Medicare or Medicaid agreement
with the Centers for Medicare and Medicaid Services (CMS) at
any facility to be an accreditation emergency. The agreement
includes $58,000,000 for accreditation emergencies at an
increasing number of direct service facilities, and is based
upon updated and itemized information provided to the
Committees on December 13, 2017. The Service is encouraged to
share this information with Tribes, and to keep Tribes and
the Committees apprised of any need for significant
deviations from the planned used of funds. Bill language has
been added as requested to allow the use of a portion of the
funds for facility expansion or renovation and staff
quarters.
Of the amounts provided, no less than $20,000,000 is
directed to facilities for purchased/referred care,
replacement of third-party revenues lost as a result of
decertification, replacement of third-party carryover funds
expended to respond to decertification, and reasonable costs
of achieving recertification, including recruitment costs
necessary to stabilize staffing. Primary consideration should
be given but is not limited to facilities that have been
without certification the longest. Such funds shall be made
available to Tribes assuming operation of such facilities
pursuant to the Indian Self-Determination and Education
Assistance Act of 1975 (P.L. 93-638).
The Committees are concerned by the continued occurrence of
deficiencies in patient care, facilities and hospital
administration at IHS facilities, including the recent
identification of these deficiencies at the Gallup Indian
Medical Center (GIMC) by the Centers for Medicare and
Medicaid Services (CMS) and the Joint Commission. It is
imperative that the Service take all needed steps to ensure
patient safety, improve the quality of care, and ensure that
GIMC does not lose access to third-party reimbursements,
which account for more than 90 percent of the facility's
funding. Within 90 days of enactment of this Act, the Service
is directed to provide a report to the Committees that
details all actions taken to address the deficiencies
identified by CMS and the Joint Commission and a list of any
outstanding recommendations that require future action by
GIMC or the Service to implement. The Service is expected to
include its corrective action plans submitted to CMS and the
Joint Commission as well as the CMS 2567 deficiency report as
part of this report.
Hospitals and Health Clinics.--The agreement provides
$2,045,128,000 for hospitals and health clinics, including:
$36,242,000 for current services; $43,708,000 for staffing
new facilities; $1,000,000 for retinal cameras; $58,000,000
for accreditation emergencies as discussed above; $11,000,000
to continue operations and maintenance of village built and
tribally leased clinics; $4,000,000 to continue domestic
violence prevention; and $1,000,000 to continue prescription
drug monitoring.
Dental Health.--The agreement provides $195,283,000 and
includes $5,864,000 for current services and $6,822,000 for
staffing new facilities. The Service is directed to backfill
vacant dental health positions in headquarters and encouraged
to coordinate with the Bureau of Indian Education to
integrate preventive dental care at schools across the
system.
Mental Health.--The agreement provides $99,900,000 for
mental health programs and includes: $2,891,000 for current
services; $2,929,000 for staffing of new facilities;
$6,946,000 to continue behavioral health integration; and
$3,600,000 to continue the suicide prevention initiative.
Alcohol and Substance Abuse.--The agreement provides
$227,788,000 for alcohol and substance abuse programs and
includes: $8,220,000 for current services; $1,215,000 for
staffing new facilities; $6,500,000 for the Generation
Indigenous initiative; $1,800,000 for the youth pilot
project; and $2,000,000 to fund essential detoxification and
related services provided by the Service's public and private
partners to IHS beneficiaries. The Committees expect the
Service to continue its partnership with the Na' Nizhoozhi
Center in Gallup, New Mexico, as directed by the Consolidated
Appropriations Act, 2017, and to distribute funds provided
for detoxification services in the same manner as in fiscal
year 2017.
Purchased/Referred Care.--The agreement provides
$962,695,000 and includes $32,327,000 for current services
and $1,538,000 for staffing new facilities. The Committees
remain concerned about the inequitable distribution of funds
as reported by the Government Accountability Office (GAO-12-
446).
Public Health Nursing.--The agreement provides $85,043,000
for public health nursing and includes $2,702,000 for current
services and $3,640,000 for staffing new facilities.
Health Education.--The agreement provides $19,871,000 for
health education and includes $724,000 for current services
and $484,000 for staffing new facilities.
Urban Indian Health.--The agreement provides $49,315,000
for urban Indian health and includes $1,637,000 for current
services. The Service is expected to continue to include
current services estimates for urban Indian health in future
budget requests.
The Committees direct the Service to work with Veterans
Affairs on the report examining services for Indian veterans
at urban clinics as outlined in House Report 115-188
accompanying the Fiscal Year 2018 Military Construction,
Veterans Affairs, and Related Agencies Appropriations bill.
Indian Health Professions.--The agreement provides
$49,363,000 for Indian health professions and includes
$18,000 for current services. Within funds, the agreement
includes funding for the Quentin N. Burdick American Indians
into Nursing Program, Indians into Medicine Program, and
American Indians into Psychology Program at no less than
fiscal year 2017 enacted levels.
Extension Services.--The Committees continue to be
concerned about the urgent need for skilled health providers
in AI/AN communities and are encouraged by the success of the
University of New Mexico's Project ECHO--Extension for
Community Healthcare Outcomes--in delivering timely care to
underserved communities. The Service shall consider how
Project ECHO could support existing Indian Health Service
providers, and how potential partnerships with Project ECHO
could aid in the recruitment and retention of healthcare
providers to IHS sites, thereby expanding the provider
network and improving access to care.
Patient Wait Times.--The Committees are encouraged by the
Service's recent focus on improving wait times for patients
seeking primary and urgent care, including the August 2017
publication of Circular No. 17-11 and related efforts to
track, report, and improve patient wait times. The Committees
direct the Service to provide a report to the Committees on
the status of these efforts no later than 90 days after
enactment of this Act. This report shall include a clear
explanation of how these efforts will address GAO's
recommendation in report number GAO-16-333 of setting and
monitoring agency-wide standards for patient wait times in
federally operated facilities and an analysis of any
potential barriers to continued monitoring of wait times
caused by IT infrastructure limitations or incompatibility.
The Committees request that the Service provide, no later
than 90 days after the date of enactment of this Act, a
detailed plan with specific amounts identified to fully fund
and implement the Indian Health Care Improvement Act, as
discussed in House Report 115-238.
Reimbursable Funding.--This agreement directs the Service
to report, within 180 days of enactment of this Act, on
patient population and service growth over the past ten years
and the funding sources used to provide for these medical
services. The Service is to include a breakdown, by dollar
amount and percentage, of funding sources which supplement
appropriated dollars to cover the provision of medical
services at Service operated facilities. The Committees are
interested in detailed information on whether
[[Page H2629]]
medical services have been able to expand over this time
period as a result of increases in the ability to charge
medical services due to new authorities outlined in the
Indian Health Care Improvement Act and other Federal laws. As
a point of comparison, and to the extent possible, the
Service shall compare these impacts across the twelve Service
areas, with the degree to which patient population services
in the respective States has increased.
Quality of Care.--The Committees are extremely concerned
about the lack of access to quality healthcare for Tribes
around the Nation, including the ongoing healthcare quality
problems in the Great Plains. In order to address these
issues, the agreement includes a pilot program and related
directives to improve access to quality health services and
to improve recruitment and retention of qualified medical
personnel as detailed below:
Housing Improvements.--In addition to funds provided for
staffing quarters within the Facilities Appropriation, the
administrative provisions section of the bill also contains
new language allowing for a program to provide a housing
subsidy to medical personnel at facilities operated by the
Indian Health Service. The Committees are concerned that the
lack of affordable and available housing plays a significant
role in the agency's personnel vacancy rates and contributes
to lowering the quality of care. The Committees expect the
Service to provide a plan within 90 days of enactment of this
Act that details how the agency plans to use this authority
in fiscal year 2018, including the measures it will use to
determine whether the authority is successful and how it
should be expanded in future years. The Committees have added
funds for accreditation emergencies that could be made
available for this purpose. The Committees also direct the
Service to work with Tribes and with the Department of
Housing and Urban Development to develop a long-term strategy
to address professional housing shortages in Indian Country
and to ensure that the Service and its partner agencies are
fully utilizing existing authorities to improve the
availability of housing stock.
Workforce Development.--The Committees believe that
expanded workforce development training for all Service
personnel--including non-clinical personnel--must be part of
efforts to improve healthcare quality. In addition to
continuing skills development opportunities, the Committees
believe that IHS should expand its efforts to provide
education to all staff, and Federal employee management
training to facility and area leadership that will provide
employees a better understanding of their obligations to
report failures in quality of care.
Title 38 Personnel Authorities.--The Committees are aware
of significant differences between the personnel authorities
used by the Service versus the Department of Veterans Affairs
(VA) under Title 38 of the United States Code. The Committees
believe that an analysis of these differences--which include
hiring and benefits authorities--may provide strategies for
recruiting and retaining qualified personnel in the same
rural and remote locations as the VA. The Committees direct
the Service to work with the Department of Health and Human
Services to analyze the differences between the two agencies'
personnel authorities and to submit a report no later than 90
days after enactment of this Act that details the differences
and makes specific legislative recommendations, as
appropriate, to provide parity between the two agencies.
ISDEAA Contracts.--The Committees encourage the transfer of
amounts provided to tribal organizations for the Substance
Abuse and Suicide Prevention Program, for the Domestic
Violence Prevention Program, for the Zero Suicide Initiative,
for aftercare pilots at Youth Regional Treatment Centers, and
to improve collections from public and private insurance at
tribally-operated facilities to such organizations through
Indian Self-Determination Act compacts and contracts, and not
through separate grant instruments. This will ensure that
associated administrative costs will be covered though the
contract support cost process.
contract support costs
The agreement continues language from fiscal year 2017
establishing an indefinite appropriation for contract support
costs estimated to be $717,970,000, which is equal to the
request. By retaining an indefinite appropriation for this
account, additional funds may be provided by the agency if
its budget estimate proves to be lower than necessary to meet
the legal obligation to pay the full amount due to Tribes.
The Committees believe fully funding these costs will ensure
Tribes have the necessary resources they need to deliver
program services efficiently and effectively.
indian health facilities
The bill provides $867,504,000 for Indian Health
Facilities. In addition to the funding allocation table at
the end of this explanatory statement, the agreement includes
the following details and changes relative to fiscal year
2017 enacted levels:
Staffing for New Facilities.--The agreement includes
$5,480,000 for staffing newly opened health facilities, which
is the full amount based upon updated estimates provided to
the Committees. The stipulations included in the ``Indian
Health Services'' account regarding the allocation of funds
pertain to this account as well.
Current Services.--The agreement provides $4,329,000 to
partially cover the cost of maintaining current levels of
service, of which $2,440,000 is for pay costs and $1,889,000
is for medical inflation.
Indian Health Care Improvement Fund.--The bill includes
language allowing funds in the Indian Health Care Improvement
Fund to be used for activities in the Facilities account.
Maintenance and Improvement.--The agreement provides
$167,527,000. The Service is directed to use this increase to
address the backlog of essential maintenance, alteration and
repair (BEMAR) and to provide a spend plan within 60 days of
enactment of this Act detailing how IHS plans to utilize this
funding.
Sanitation Facilities.--The agreement provides $192,033,000
for sanitation facilities construction and includes $261,000
for current services. The Committees expect the Service to
continue following its existing interpretation of criteria
for the funding of new, improved, or replacement sanitation
facilities.
Health Care Facilities Construction.--The agreement
provides $243,480,000 for health care facilities construction
and includes $15,000,000 for small ambulatory clinics and
$11,489,000 for staff quarters.
The Committees remain dedicated to providing access to
health care for IHS patients across the system. The IHS is
expected to aggressively work down the current Health
Facilities Construction Priority System list, as well as work
with the Department and Tribes to examine alternative
financing arrangements and meritorious regional demonstration
projects authorized under the Indian Health Care Improvement
Act that would effectively close the service gap. Within 60
days of enactment of this Act, the Service shall submit a
spending plan to the Committees on Appropriations that
details the project-level distribution of funds provided for
healthcare facilities construction.
The Committees believe that additional funds for quarters
is essential to help resolve the widespread housing shortages
which have contributed to high vacancy rates for medical
personnel throughout the system, particularly in rural areas.
These funds have been used in areas with chronic housing
shortages like Alaska and the Great Plains in order to
ameliorate these problems. The Committees expect a report
from the Service within 60 days of enactment of this Act on
the distribution of funds.
The Service is reminded of the directive in House Report
115-238 regarding the completion and publication of a gap
analysis.
The Committees strongly support the small ambulatory clinic
program. This program provides another critical tool for
addressing facilities maintenance and construction backlogs
throughout the nation.
In advance of the opening of the Sacred Oaks Healing Center
in California in late 2019, and within available funds, the
Service is expected to construct a left-turn lane and make
other safety improvements recommended by the Service's 2017
transportation impact study. The Service is further directed
to report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act
regarding the status of the project.
Facilities and Environmental Health Support.--The agreement
provides $240,758,000 for facilities and environmental health
support and includes: $3,328,000 for current services;
$5,480,000 for staffing new facilities; and a $5,000,000
program increase to address the increased workload in
construction. The Service is expected to provide a spend plan
within 60 days of enactment of this Act for the additional
infrastructure funding provided above the fiscal year 2017
enacted level.
national institutes of health
national institute of environmental health sciences
The agreement provides $77,349,000 for the National
Institute of Environmental Health Sciences.
agency for toxic substances and disease registry
toxic substances and environmental public health
The agreement provides $74,691,000 for the Agency for Toxic
Substances and Disease Registry.
Other Related Agencies
executive office of the president
council on environmental quality and office of environmental quality
The agreement provides $3,000,000 for the Council on
Environmental Quality and Office of Environmental Quality.
chemical safety and hazard investigation board
salaries and expenses
The agreement provides $11,000,000 for the Chemical Safety
and Hazard Investigation Board.
office of navajo and hopi indian relocation
salaries and expenses
The bill provides $15,431,000 for the Office of Navajo and
Hopi Indian Relocation. The agreement continues the direction
provided in the explanatory statement accompanying Division G
of the Consolidated Appropriations Act, 2017, P.L. 115-31.
The Committees remain committed to bringing the relocation
process to an orderly conclusion and ensuring all eligible
relocatees receive the relocation benefits to which they are
entitled. Consultation with all affected parties and agencies
is the key to a transparent, orderly
[[Page H2630]]
closeout. The statute provides for termination of the Office
when the President determines its functions have been fully
discharged. That determination requires development of a
comprehensive plan. The Committees expect to receive a
progress report on development of this plan within 90 days of
enactment of this Act.
institute of american indian and alaska native culture and arts
development
payment to the institute
The bill provides $9,835,000 for fixed costs and academic
program requirements of the Institute of American Indian
Arts.
smithsonian institution
salaries and expenses
The agreement provides a total of $1,043,347,000 for all
Smithsonian Institution accounts, of which $731,444,000 is
provided for salaries and expenses. The Committees maintain
their longstanding commitment to the preservation of
priceless, irreplaceable Smithsonian collections and have
provided funds as requested for collections care and
preservation. The Committees continue their longstanding
support for the National Museum of African American History
and Culture (NMAAHC). Within amounts provided for the
Salaries and Expenses account, the NMAAHC is fully funded.
The Committees provide funds as requested for the
Institution's Latino initiatives and support the Smithsonian
Latino Center's goal of promoting the inclusion of Latino
contributions in Smithsonian Institution programs,
exhibitions, collections, and public outreach. The Committees
continue to urge collaboration between the Smithsonian Latino
Center and appropriate Federal and local organizations in
order to advance these goals and expand the American Latino
presence at the Institution. Further, the Committees provide
funds as requested for the Institution's Asian Pacific
American initiatives and continue to support the
Institution's efforts of developing programs and expanding
outreach to promote a better understanding of the Asian
Pacific American experience. Lastly, the agreement provides
$2,000,000 for the American Women's History Initiative within
Institution-wide programs.
facilities capital
The agreement provides $311,903,000 for the Facilities
Capital account. The recommendation includes funding to
complete construction of the Dulles Storage Module at the
Udvar-Hazy Center, and $198,000,000 for the National Air and
Space Museum revitalization effort.
National Air and Space Museum Revitalization.--The
Committees support the multi-year, multi-phase renovation of
the National Air and Space Museum (NASM), including the
replacement of the building's facade and internal building
systems. The recommendation includes $198,000,000 for this
critical revitalization effort. The Institution is directed
to follow the reprogramming guidelines contained in this
explanatory statement and may not redirect the use of these
funds for other capital projects without prior approval of
the Committees. Given the scale of the project, the
Committees direct the Institution to make available to the
Committees on a timely basis the most updated and
comprehensive information on project and funding
requirements. The Government Accountability Office is also
directed to continue its review and analysis of the project's
cost estimates, as directed in the Consolidated Appropriation
Act, 2017 (P.L. 115-31). The Committees urge the Smithsonian
to evaluate potential partnership opportunities that may
provide non-Federal funding sources to advance this and other
revitalization projects. The Institution is directed to
submit to the House and Senate Committees on Appropriations,
within 60 days of enactment of this Act, a detailed list and
description of projects funded within the Facilities Capital
account.
national gallery of art
salaries and expenses
The agreement provides $141,790,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,620,000 is for the special exhibition program.
Harassment-Free Workplace.--The Committees believe all
employees have the right to a harassment-free workplace and
are deeply concerned by recent reports of harassment and a
hostile work environment at the Gallery. The Gallery is
expected to ensure it has strong and consistent anti-
harassment policies in place to protect its workforce and is
directed to report to the Committees within 120 days of
enactment of this Act regarding specific corrective actions
it is taking to preclude additional incidents from occurring
in the future.
REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
The agreement provides $24,203,000 for the Repair,
Restoration, and Renovation of Buildings account and includes
funds to complete the repairs of the East Building atrium
skylights.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
The agreement provides $23,740,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The agreement provides $16,775,000 for the Capital Repair
and Restoration account. Funds provided above the request are
to address critical safety, security, and capital repair and
restoration needs.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
The agreement provides $12,000,000 for the Woodrow Wilson
International Center for Scholars.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
The agreement provides $152,849,000 for the National
Endowment for the Arts (NEA) to continue the important work
of the Endowment. Changes to the enacted level are included
in the detail table accompanying this agreement, and the
agency is expected to use the increases provided for direct
grants to expand its Creative Forces: Military Healing Arts
Network and to increase grants made available to Tribes and
to rural and underserved areas. The Committees particularly
commend the NEA for its work incorporating arts therapy into
the treatment of active-duty military patients, veterans, and
their families through its Creative Forces: Military Healing
Arts Network. This successful program places creative arts
therapies at the core of patient-centered care and increases
access to therapeutic arts therapies at Walter Reed National
Military Medical Center, Fort Belvoir Community Hospital, and
eleven other clinical sites across the United States. The
Committees support the expansion of this successful program
to assist service members and their families in their
recovery, reintegration, and transition to civilian life. The
Committees also urge State arts agencies to explore how they
can contribute to expanding arts programs for service members
and their families at the local level. The Committees
acknowledge there are currently vacancies on the National
Council on the Arts and many members have agreed to continue
to serve even though their term has expired. While the
Council has the ability to operate and conduct important
work, the Committees encourage the timely appointment of
members. The Committees value greatly the longstanding
collaborative relationship between the NEA and the States.
The Committees direct that priority be given to providing
services and grant funding for projects, productions, or
programs that encourage public knowledge, education,
understanding, and appreciation of the arts. The Committees
maintain support for the 40 percent allocation for State arts
agencies as allocated in previous years. Any reduction in
support to the States for arts education should be no more
than proportional to other funding decreases taken in other
NEA programs.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
The agreement provides $152,848,000 for the National
Endowment for the Humanities (NEH) to continue the important
work of the Endowment. Changes to the enacted level are
included in the detail table accompanying this agreement, and
the agency is expected to use increases provided to expand
its work with Tribes to preserve Native languages and culture
as detailed below as well as to support other local history
preservation initiatives. Funds are also provided within the
Challenge Grants program to support NEH's local
infrastructure and capacity building grant program. The
Committees acknowledge there are currently vacancies on the
National Council on the Humanities and many members have
agreed to continue to serve even though their term has
expired. While the Council has the ability to operate and
conduct important work, the Committees encourage the timely
appointment of members. The Committees commend the NEH for
its support of grant programs to benefit wounded warriors and
to ensure educational opportunities for American heroes
transitioning to civilian life. The Committees commend the
NEH for its ongoing support to American Indian and Alaska
Native communities in preserving their cultural and
linguistic heritage through the Documenting Endangered
Languages program and a variety of preservation and access
grants that enable American Indian and Alaska Native
communities to preserve cultural artifacts and make them
broadly accessible. The Committees also support NEH efforts
to provide educational opportunities for tribal communities
through Humanities Initiatives at Tribal Colleges and
Universities. The Committees commend the NEH Federal/State
partnership for its ongoing, successful collaboration with
State humanities councils in each of the 50 States as well as
Washington, DC, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa. The Committees urge the
NEH to provide program funding to support the critical work
of State humanities councils consistent with guidance
provided in the Consolidated Appropriations Act, 2017 (P.L.
115-31). The Committees encourage NEH to continue providing
support to two popular components of the ``We the People''
initiative, the National Digital Newspapers Program (NDNP)
and the Landmarks of American History and Culture workshop
that focus on our Nation's history and culture.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
The agreement provides $2,762,000 for the Commission of
Fine Arts.
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NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
The agreement provides $2,750,000 for the National Capital
Arts and Cultural Affairs program. Grant funds provided
should be distributed consistent with the established formula
and eligibility requirements used in fiscal year 2017.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The agreement provides $6,400,000 for the Advisory Council
on Historic Preservation.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
The agreement provides $8,099,000 for the National Capital
Planning Commission.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
The agreement provides $59,000,000 for the United States
Holocaust Memorial Museum. Within this amount, the agreement
provides $2,000,000 for one-time capital improvement needs.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES
The agreement provides $1,800,000 for the Salaries and
Expenses account.
CAPITAL CONSTRUCTION
The agreement provides $45,000,000 for the Capital
Construction account. These funds represent the final
installment of construction funding necessary to complete the
memorial.
WOMEN'S SUFFRAGE CENTENNIAL COMMISSION
SALARIES AND EXPENSES
The agreement includes $1,000,000 for the Women's Suffrage
Centennial Commission. The Commission shall plan, execute,
and coordinate programs and activities in honor of the 100th
anniversary of the passage and ratification of the Nineteenth
Amendment to the U.S. Constitution, which guaranteed women
the right to vote. The Committees encourage the Commission to
work with the General Services Administration to ensure that
its staffing and operating needs are addressed expeditiously
once a quorum has been determined.
WORLD WAR I CENTENNIAL COMMISSION
SALARIES AND EXPENSES
The bill provides $7,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission and bill
language accepting additional support from any executive
branch agency, as requested. No funds may be used for
planning, design, or construction of a memorial. The
Committees are aware of the needs associated with the
upcoming World War I Centennial celebration and provide
sufficient funding to ramp up previously deferred programs.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes various legislative provisions in
Title IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2018.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision addressing timber sales
involving Alaska western red and yellow cedar.
Section 411 continues a provision which prohibits no-bid
contracts.
Section 412 continues a provision which requires public
disclosure of certain reports.
Section 413 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 414 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 415 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of
appropriations.
Section 416 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 417 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 418 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 419 continues a provision through fiscal year 2019
authorizing the Secretary of the Interior and the Secretary
of Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 420 extends the authorization for the Chesapeake
Bay Initiative.
Section 421 extends certain authorities through fiscal year
2018 allowing the Forest Service to renew grazing permits.
Section 422 prohibits the use of funds to maintain or
establish a computer network unless such network is designed
to block access to pornography websites.
Section 423 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 424 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 425 prohibits the use of funds to destroy any
building or structures on Midway Island that have been
recommended by the U.S. Navy for inclusion in the National
Register of Historic Places.
Section 426 reauthorizes funding for one year for the John
F. Kennedy Center for the Performing Arts.
Section 427 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 428 extends current authorities for operations of
Indian Health Service programs in Alaska.
Section 429 addresses payment to certain hospitals.
Section 430 makes additional investments in water
infrastructure priorities and Superfund emergency response,
removal, and long-term cleanup remedies.
Section 431 addresses carbon emissions from forest biomass.
Section 432 addresses section 404 of the Federal Water
Pollution Control Act.
Section 433 addresses the use of small remote incinerators
in the State of Alaska.
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