[Congressional Record Volume 164, Number 50 (Thursday, March 22, 2018)]
[House]
[Pages H2697-H2901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H2697]]
House of Representatives
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.
______
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
In implementing this agreement, the Departments and
agencies should be guided by the language and instructions
set forth in House Report 115-244 and Senate Report 115-150.
In either such report, any reference to the fiscal year 2019
budget request or congressional justification shall be
applied to the fiscal year 2020 Justification of Estimates
for the Committees on Appropriations.
Where the explanatory statement speaks to an issue that was
addressed in the House or Senate reports, the explanatory
statement should supersede the language in the House or
Senate reports. In cases where the House Report and the
Senate Report address a particular issue not specifically
cited in the explanatory statement, the House Report and the
Senate Report should be complied with and carry the same
emphasis as the language included in the explanatory
statement. In providing the operating plan required by
section 516 of this Act, the Departments and agencies funded
in this Act are directed to include all programs, projects,
and activities, including those in House Report 115-244,
Senate Report 115-150, and this explanatory statement. All
such programs, projects, and activities are subject to the
provisions of this Act.
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
statement, and shall not reallocate resources or reorganize
activities except as provided herein. Funds for individual
programs and activities are displayed in the detailed table
at the end of the explanatory statement for this division.
Funding levels that are not displayed in the detailed table
are identified within this explanatory statement. Any action
to eliminate or consolidate programs, projects, and
activities should be pursued through a proposal in the
President's Budget so it can be considered by the Committees
on Appropriations of the House of Representatives and the
Senate.
Congressional Reports.--Each Department and agency is
directed to provide the Committees on Appropriations of the
House of Representatives and the Senate, within 30 days of
enactment of this Act and quarterly thereafter, a summary
describing each requested report to the Committees on
Appropriations along with its status.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
Apprenticeship Grants.--The agreement includes $145,000,000
to support Apprenticeship Grants, an increase of $50,000,000
above fiscal year 2017, to expand support for the
apprenticeship program that the was created in fiscal year
2016. The Department is directed to submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate providing detail on entities awarded funding,
selection criteria used, and the funding amount for each
grant or contract awarded at the time such awards are made.
Not later than September 30, 2018, the Department shall
provide the Committees on Appropriations a detailed spend
plan of anticipated uses of funds made available, including
estimated administrative costs.
Job Corps
The Department has taken steps over the past several years
to close selected Job Corps centers based on performance
metrics and other factors. The Department is urged to utilize
any savings realized by such center closures within the year
to enhance instruction, technology, course offerings, and
safety at other centers, and conduct additional activities
that improve program quality for participants. The Department
should also support and incentivize center operators to build
and enhance partnerships between centers and other training
sites to enhance opportunity and work experiences for
students in underserved rural or remote communities as well
as in urban settings. Such partnerships should use student-
focused industry-backed curricula, prepare students for
employment in high-demand fields, offer students the
opportunity to take coursework leading to college credit, and
demonstrate strong employer partnerships within the region in
which the center is located.
State Unemployment Insurance and Employment Service Operations
The agreement includes $9,000,000 for the UI Center of
Excellence (Center), an increase of $3,500,000 above the
fiscal year 2017 level. The agreement directs that $6,000,000
be provided for the benefit of States to the entity operating
the Center. The Department is directed to focus increased
funding on proven strategies and continue to test innovative
approaches to reducing improper payments in the UI system.
The Center is encouraged to continue its work to address
improper payments in the UI programs and, with the support of
the Department of Labor, to strongly urge States to adopt
best practices to identify and prevent improper payments
before they occur.
Office of Federal Contract Compliance Programs
The agreement includes $103,476,000 for the Office of
Federal Contract Compliance Programs (OFCCP) and directs the
Department to maintain all responsibilities and functions of
the OFCCP at the Department of Labor. No funds are provided
in this agreement to undertake any activities to prepare for
or facilitate the transfer of OFCCP's functions to another
Federal agency.
Occupational Safety and Health Administration (OSHA)
The agreement includes a new capacity-building set-aside
within the Susan Harwood training grant program. OSHA is
directed to work with grantees under this subsection of the
program to develop and implement a plan to achieve self-
sufficiency as required by the cited, previous application
notice. Nothing in this provision should be construed to
prohibit periodic recompetition of grants.
Departmental Management
The Department is directed to submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate upon closing of the Treasure Island sale. The
report should provide detail on the terms of the transaction
including, but not limited to, the exchange of land for
construction, the buildings and facilities to be constructed
for the benefit of the Treasure Island Job Corps Center, and
any residual exchange of funds or services to be rendered as
part of the final agreement. The report should also state the
[[Page H2698]]
total amount of funding, if any, that was transferred to Job
Corps to be used for future operations as authorized.
Technical Assistance.--The Committees on Appropriations of
the House of Representatives and the Senate (Committees) have
long relied on the budget office at the Department to
facilitate requests for legal and technical information that
is not covered by a legitimate claim of privilege. The
agreement expects that all technical assistance requests be
dealt with in a manner that is consistent with past
precedent, including timely answers that respond to any
specific inquiries related to obligation and expenditures of
appropriations. In addition, the Department is directed to
provide the Committees with the number of full time
equivalent employees by principal office and appropriations
account not later than 30 days after the end of each quarter.
Veterans Employment and Training
The agreement includes new language authorizing the
collection and use of fees for the Honoring Investments in
Recruiting and Employing (HIRE) Vets Medallion Award program
as intended by the Honoring Investments in Recruiting and
Employing American Military Veterans Act of 2017 (HIRE Vets
Act).
General Provisions
The agreement modifies a provision related to the
Secretary's transfer authority.
The agreement modifies a provision related to the
rescission of funds.
The agreement includes a new provision related to excess
property.
The agreement includes a new provision related to the use
of IT funds by a consortia of States.
The agreement includes a new provision related to the HIRE
Vets Medallion Award program.
The agreement includes a new provision related to Job Corps
property.
The agreement includes a new provision related to the
Secretary's security detail.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
Of the available funding for fiscal year 2018, bill
language directs that not less than $200,000,000 shall be for
making supplemental awards to improve the quality of care
under section 330(d) of the Public Health Service Act to
expand and improve access to quality mental health and
substance use disorder prevention and treatment services
nationwide.
The agreement supports funding for technical assistance
available for health centers through National and State
cooperative agreements and grants. These resources are
critical to the successful operation of the Health Centers
program, and ensure Federal funds invested in care delivery
are fully utilized and effectively deployed. The agreement
supports enhanced technical assistance and training
activities provided through primary care associations and
National cooperative organizations, and ongoing support for
health center-controlled networks.
Native Hawaiian Health Care.--The agreement provides not
less than $17,500,000 for the Native Hawaiian Health Care
Program.
health workforce
Advanced Education Nursing. The agreement provides an
increase of $8,000,000 to award grants for the clinical
training of sexual assault nurse examiners to administer
medical forensic examinations and treatments to victims of
sexual assault in hospitals, health centers, and other
emergency health care service provider settings referenced in
Senate Report 115-150.
Behavioral Health Workforce Education and Training.--The
agreement provides an increase of $25,000,000 to expand the
mental health and substance abuse workforce, including, but
not limited to, master's level social workers, psychologists,
counselors, marriage and family therapists, psychiatric
mental health nurse practitioners, occupational therapists,
psychology doctoral interns, and behavioral health
paraprofessionals.
Mental and Behavioral Health Education Training.--The
agreement provides an increase of $27,000,000 to recruit and
train professionals and faculty in the fields of social work,
psychology, psychiatry, marriage and family therapy,
substance abuse prevention and treatment, and other areas of
mental and behavioral health.
National Health Service Corps.--The agreement provides an
increase of $105,000,000 to expand and improve access to
quality opioid and substance use disorder treatment in rural
and underserved areas nationwide. The agreement expands
eligibility for loan repayment awards through the National
Health Service Corps to include substance use disorder
counselors, which will support the recruitment and retention
of health professionals needed in underserved areas to
provide evidence-based substance abuse treatment and prevent
overdose deaths. Of the amount provided, the agreement
directs that $30,000,000 shall be available for the new Rural
Communities Opioid Response initiative within the Office of
Rural Health.
Nursing Workforce Development.--The agreement recognizes
that the Nurse Education, Practice, Quality and Retention
Program's Veteran's Bachelor of Science Degree in Nursing has
been important to helping our Nation's veterans progress and
graduate with a degree. The agreement supports this effort
and directs HRSA to continue to fund this program in fiscal
year 2018. The agreement also directs HRSA to ensure that
nothing would prevent current grantees from applying to a re-
competition.
Oral Health Training.--The agreement includes not less than
$10,000,000 for General Dentistry Programs and not less than
$10,000,000 for Pediatric Dentistry Programs. The agreement
includes not less than $2,000,000 for the Dental Faculty Loan
Repayment Program authorized under section 748 of the Public
Health Service Act. For the Dental Faculty Loan Repayment
Program, the agreement directs HRSA to provide continuation
funding for grants initially awarded in fiscal years 2016 and
2017, and issue a new funding opportunity announcement with
the new funding.
Primary Care Training and Enhancement.--The agreement
directs HRSA to ensure that not less than 15 percent of funds
provided for this program are used to support training of
physician assistants. The agreement also urges the
integration of evidence-based trainings for health
professionals to screen, access, intervene, and refer
patients to specialized treatment for the severe mental
illness of eating disorders as authorized under section 13006
of the 21st Century Cures Act (P.L. 114-255).
maternal and child health
Autism and Other Developmental Disorders.--The agreement
provides $49,099,000 for the Autism and Other Developmental
Disorders program and directs not less than $32,000,000 for
the Leadership Education in Neurodevelopmental and Related
Disabilities (LEND) program. The increase will help the LEND
program initiate or expand work in the area of
interdisciplinary leadership training to meet the needs of
children with Autism Spectrum Disorders and related
developmental disabilities.
Children's Health and Development.--The agreement provides
$3,500,000 within Special Projects of Regional and National
Significance (SPRANS) for the HRSA funded study focused on
improving child health through a statewide system of early
childhood developmental screenings and interventions. This
funding shall be used to extend the currently funded project
for another year.
Heritable Disorders Program.--The agreement provides
$15,883,000 for the Heritable Disorders Program, of which
$2,000,000 is provided for newborn screening for Severe
Combined Immune Deficiency and related disorders.
Infant-Toddler Court Teams.--The agreement includes
$3,000,000 within the total provided for SPRANS for a
contract or cooperative agreement to provide ongoing training
and technical assistance, implementation support, and
evaluation research to support research-based Infant-Toddler
Court Teams. These efforts shall use the science of early
childhood development to build upon the technical assistance
and direct support of sites established through the Quality
Improvement Center for Research-Based Infant-Toddler Court
Teams initiative, integrating courts and community services
to strengthen early childhood systems and change child
welfare practices to improve infant-toddler wellbeing.
Pediatric Mental Health Care Access.--The agreement
includes $10,000,000 to expand access to behavioral health
services in pediatric primary care by supporting the
development of pediatric mental health care telehealth access
programs.
Prenatal Screening Working Group.--The agreement requests
the report described under this heading in House Report 115-
244 within 180 days of enactment of this Act.
Screening and Treatment for Maternal Depression.--The
agreement provides $5,000,000 for the Screening and Treatment
for Maternal Depression program as authorized in section
10005 of the 21st Century Cures Act (Public Law 114-255).
HRSA is directed to make grants to States to establish,
improve, or maintain programs to train professionals to
screen, assess, and treat for maternal depression in women
who are pregnant or who have given birth within the preceding
12 months.
HEALTH CARE SYSTEMS
Hansen's Disease.--The agreement includes $13,706,000 for
the National Hansen's Disease program and directs HRSA to
continue funding Ambulatory Care Centers by aligning
resources with the levels of care that Hansen's disease
patients need.
Organ Donation.--HRSA is directed to submit a report on
organ donation within 180 days of enactment of this Act that
satisfies the requirements included in House Report 115-244
and Senate Report 115-150.
RURAL HEALTH
Black Lung Clinics.--The agreement funds Black Lung Clinics
at the fully authorized level of $10,000,000, an increase of
$2,734,000 over fiscal year 2017. This funding supports
services to assist disabled coal miners with medical,
educational, and benefits counseling.
Delta States Rural Development Network Grant Program.--The
agreement provides an additional $4,000,000 for continuation
of the Delta Regional Authority's (DRA) program to help small
rural hospitals improve their financial and operational
performance. Of this amount, not more than $500,000 shall be
for telehealth equipment and financial systems enhancement
for participating hospitals. Of this amount, not less than
$750,000
[[Page H2699]]
shall be dedicated to subcontracts with entities
headquartered in the DRA region with expertise in rural
hospital finance and telemedicine.
Rural Communities Opioids Response.--The agreement provides
$100,000,000 for a Rural Communities Opioids Response to
support treatment for and prevention of substance use
disorder, with a focus on the 220 counties identified by the
Centers for Disease Control and Prevention as being at risk,
and other rural communities at the highest risk for substance
use disorder. This initiative would include improving access
to and recruitment of new substance use disorder providers;
building sustainable treatment resources, increasing use of
telehealth; establishing cross-sector community partnerships,
and implementing new models of care, including integrated
behavioral health; and technical assistance. HRSA may also
use funds for loan repayment through the National Health
Service Corps. Activities should incorporate robust evidence-
based interventions or promising practice models in community
education and workforce training, capacity building and
sustainability strategies and facilitate linkage of
prevention, treatment, and recovery services. Within the
funds provided to Health Workforce for the National Health
Service Corps, the agreement directs up to $30,000,000 in
addition to the funding in Rural Health for the Rural
Communities Opioid Response initiative.
Rural Health Outreach.--The agreement provides not less
than $8,000,000 for Outreach Service Grants; not more than
$15,100,000 for Rural Network Development Grants; not less
than $14,000,000 for Delta States Network Grant Program; not
less than $2,000,000 for Network Planning Grants; and not
more than $6,200,000 for Small Healthcare Provider Quality
Improvement Grants.
Rural Residency Program.--The agreement provides
$15,000,000 for a new Rural Residency Program to expand the
number of rural residency training programs with a focus on
developing programs that are sustainable beyond Federal
funding. The funds will support planning and development
costs accrued while achieving program accreditation through
the Accreditation Council for Graduate Medical Education. The
agreement encourages HRSA to support rural hospitals, medical
schools, and community-based ambulatory settings with rural
designation along with a consortia of urban and rural
partnerships.
Telehealth Centers of Excellence (COE).--Within the funds
provided for the Office for Advancement of Telehealth
activities, the agreement includes $4,000,000 for a second
year of funding for the Telehealth COE program. Of this
amount, not less than $1,000,000 shall be used to research,
provide healthcare outcomes, and develop best practices for
the delivery of mental and behavioral health care via
telehealth, consistent with the Secretary's priorities. The
agreement directs HRSA to divide the remaining $3,000,000
evenly between the two centers, which are responsible for
testing the efficacy of telehealth services in various sites
and models, providing research and coordination efforts
across the Federal government, developing best practices for
telehealth, collecting data, and providing relevant
telehealth training.
Centers for Disease Control and Prevention
The agreement includes $8,301,166,000 in total program
level funding for the Centers for Disease Control and
Prevention (CDC), which includes $7,260,266,000 in
discretionary budget authority, $800,900,000 in transfers
from the Prevention and Public Health Fund (PPH Fund), and
$240,000,000 in transfers from the Nonrecurring Expenses
Fund.
immunization and respiratory diseases
The agreement includes a total of $798,405,000 for
Immunization and Respiratory Diseases, which includes
$474,055,000 in discretionary appropriations and $324,350,000
in transfers from the PPH Fund. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Section 317 Immunization Program..................... $610,847,000
Influenza Planning and Response...................... 187,558,000
------------------------------------------------------------------------
hiv/aids, viral hepatitis, sexually transmitted diseases and
tuberculosis prevention
The agreement includes $1,127,278,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............ $788,712,000
HIV Prevention by Health Departments............. 397,161,000
HIV Surveillance................................. 119,861,000
Activities to Improve Program Effectiveness...... 103,208,000
National, Regional, Local, Community, and Other 135,401,000
Organizations...................................
School Health.................................... 33,081,000
Viral Hepatitis...................................... 39,000,000
Sexually Transmitted Infections...................... 157,310,000
Tuberculosis......................................... 142,256,000
------------------------------------------------------------------------
emerging and zoonotic infectious diseases
The agreement includes $614,572,000 for Emerging and
Zoonotic Infectious Diseases, which includes $562,572,000 in
discretionary appropriations and $52,000,000 in transfers
from the PPH Fund. Within this total, the agreement includes
the following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Antibiotic Resistance Initiative..................... $168,000,000
Lab Safety and Quality............................... 8,000,000
Vector-borne Diseases................................ 38,603,000
Lyme Disease......................................... 10,700,000
Prion Disease........................................ 6,000,000
Chronic Fatigue Syndrome............................. 5,400,000
Emerging Infectious Diseases......................... 155,457,000
All Other Infectious Diseases........................ 29,840,000
Food Safety.......................................... 58,000,000
National Healthcare Safety Network................... 21,000,000
Quarantine........................................... 31,572,000
Advanced Molecular Detection......................... 30,000,000
Epidemiology and Lab Capacity program................ 40,000,000
Healthcare-Associated Infections..................... 12,000,000
------------------------------------------------------------------------
chronic disease prevention and health promotion
The agreement includes $1,162,896,000 for Chronic Disease
Prevention and Health Promotion, which includes $915,346,000
in discretionary appropriations and $247,550,000 in transfers
from the PPH Fund. Within this total, the agreement includes
the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Tobacco.............................................. $210,000,000
Nutrition, Physical Activity and Obesity............. 54,920,000
High Obesity Rate Counties....................... 15,000,000
School Health........................................ 15,400,000
Health Promotion..................................... 18,000,000
Glaucoma......................................... 4,000,000
Visual Screening Education....................... 1,000,000
Alzheimer's Disease.............................. 4,500,000
Inflammatory Bowel Disease....................... 1,000,000
Interstitial Cystitis............................ 1,000,000
Excessive Alcohol Use............................ 4,000,000
Chronic Kidney Disease........................... 2,500,000
Prevention Research Centers.......................... 25,461,000
Heart Disease and Stroke............................. 140,062,000
Diabetes............................................. 148,129,000
National Diabetes Prevention Program................. 25,300,000
Cancer Prevention and Control........................ 367,674,000
Breast and Cervical Cancer....................... 218,000,000
WISEWOMAN.................................... 21,120,000
Breast Cancer Awareness for Young Women.......... 4,960,000
Cancer Registries................................ 49,440,000
Colorectal Cancer................................ 43,294,000
Comprehensive Cancer............................. 19,675,000
Johanna's Law.................................... 7,000,000
Ovarian Cancer................................... 9,500,000
Prostate Cancer.................................. 13,205,000
Skin Cancer...................................... 2,125,000
Cancer Survivorship Resource Center.............. 475,000
Oral Health.......................................... 19,000,000
Safe Motherhood/Infant Health........................ 46,000,000
Preterm Birth.................................... 2,000,000
Arthritis............................................ 11,000,000
Epilepsy............................................. 8,500,000
National Lupus Patient Registry...................... 6,500,000
Racial and Ethnic Approaches to Community Health 50,950,000
(REACH).............................................
Good Health and Wellness in Indian Country....... 16,000,000
Million Hearts....................................... 4,000,000
National Early Child Care Collaboratives............. 4,000,000
Hospitals Promoting Breastfeeding.................... 8,000,000
------------------------------------------------------------------------
High Obesity Counties.--The agreement provides $15,000,000,
an increase of $5,000,000, to address obesity in counties.
The agreement reiterates the language provided in Senate
Report 155-150 and directs CDC to leverage the community
extension services provided by land grant universities who
are mandated to translate science into practical action and
promote healthy lifestyles.
Safe Motherhood and Infant Health.--The agreement includes
funding at the fiscal year 2017 level for the teen pregnancy
prevention cooperative agreement.
Racial and Ethnic Approaches to Community Health (REACH).--
The agreement includes $50,950,000 for the REACH program.
Within the total amount, $34,950,000 is provided for the
second year of a five-year cooperative agreement for
community programs and $16,000,000 is for Good Health and
Wellness in Indian Country, as described in House Report 115-
244.
birth defects and developmental disabilities
The agreement includes $140,560,000 for Birth Defects and
Developmental Disabilities. Within the total for Birth
Defects and Developmental Disabilities, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Child Health and Development............................... $65,800,000
Birth Defects.......................................... 19,000,000
Fetal Death............................................ 900,000
Fetal Alcohol Syndrome................................. 11,000,000
Folic Acid............................................. 3,150,000
Infant Health.......................................... 8,650,000
Autism................................................. 23,100,000
Health and Development for People with Disabilities........ 59,660,000
Disability & Health.................................... 27,000,000
Tourette Syndrome...................................... 2,000,000
Early Hearing Detection and Intervention............... 10,760,000
Muscular Dystrophy..................................... 6,000,000
Attention Deficit Hyperactivity Disorder............... 1,900,000
Fragile X.............................................. 2,000,000
Spina Bifida........................................... 6,000,000
Congenital Heart Failure............................... 4,000,000
Public Health Approach to Blood Disorders.................. 4,400,000
Hemophilia CDC Activities.................................. 3,500,000
Hemophilia Treatment Centers............................... 5,100,000
Thalassemia................................................ 2,100,000
------------------------------------------------------------------------
National Centers on Disability.--The agreement includes
$8,500,000 to continue to strengthen existing programs that
address healthy athletes and an additional $2,500,000 to
continue to strengthen existing activities that improve
physical activity and health promotion for people with
mobility disabilities.
Hereditary Hemorrhagic Telangiectasia (HHT) Pilot.--The
agreement includes $100,000 within the Hemophilia Treatment
Centers line to support the second year of a two-year pilot
program that enables up to three existing Federally-funded
Hemophilia Treatment Centers across the country to serve as
specialty centers for the evaluation and management of HHT.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement includes a total of $490,397,000 for Public
Health Scientific Services. Within the total for Public
Health Scientific Services, the agreement includes the
following amounts:
[[Page H2700]]
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Health Statistics.................................... $160,397,000
Surveillance, Epidemiology, and Informatics.......... 279,000,000
Lab Training..................................... 5,000,000
Public Health Workforce.............................. 51,000,000
------------------------------------------------------------------------
ENVIRONMENTAL HEALTH
The agreement includes $205,750,000 for Environmental
Health programs, which includes $188,750,000 in discretionary
appropriations, and $17,000,000 in transfers from the PPH
Fund. The agreement provides support for CDC's environmental
health research, evaluation, and surveillance activities.
These activities are intended to be complementary to the
biomedical research conducted at the National Institute of
Environmental Health Sciences. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Environmental Health Laboratory...................... $63,150,000
Other Environmental Health (Biomonitoring/Chronic 48,500,000
Disease Biomarkers).............................
Newborn Screening Quality Assurance Program...... 13,400,000
Newborn Screening/Severe Combined Immuno- 1,250,000
deficiency Diseases.............................
Environmental Health Activities...................... 44,600,000
Safe Water....................................... 8,600,000
Amyotrophic Lateral Sclerosis Registry........... 10,000,000
Climate Change................................... 10,000,000
All Other Environmental Health................... 16,000,000
Environmental and Health Outcome Tracking Network.... 34,000,000
Asthma............................................... 29,000,000
Childhood Lead Poisoning............................. 35,000,000
------------------------------------------------------------------------
Harmonization of Lab Results.--The agreement recognizes
that certain clinical laboratory tests need harmonization to
ensure that accurate results are available for correct
patient care. The agreement provides $2,000,000 to the
Environmental Health Laboratory to improve the quality and
reliability of diagnostic tests for hormones such as thyroid
stimulating hormone, testosterone, and estrogen.
INJURY PREVENTION AND CONTROL
The agreement includes $648,559,000 for Injury Prevention
and Control activities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Intentional Injury................................... $102,730,000
Domestic Violence and Sexual Violence............ 32,700,000
Child Maltreatment........................... 7,250,000
Youth Violence Prevention........................ 15,100,000
Domestic Violence Community Projects............. 5,500,000
Rape Prevention.................................. 49,430,000
National Violent Death Reporting System.............. 23,500,000
Unintentional Injury................................. 8,800,000
Traumatic Brain Injury........................... 6,750,000
Elderly Falls.................................... 2,050,000
Injury Prevention Activities......................... 28,950,000
Opioid Overdose Prevention and Surveillance.......... 475,579,000
Injury Control Research Centers...................... 9,000,000
------------------------------------------------------------------------
While appropriations language prohibits the CDC and other
agencies from using appropriated funding to advocate or
promote gun control, the Secretary of Health and Human
Services has stated the CDC has the authority to conduct
research on the causes of gun violence.
National Violent Death Reporting System (NVDRS).--The
agreement includes an increase in funding to expand the NVDRS
to all 50 States and the District of Columbia, which will
allow researchers, practitioners, and policymakers to get a
more complete understanding of violent deaths in the United
States.
Opioid Prescription Drug Overdose (PDO) Prevention
Activity.--The agreement includes $475,579,000, an increase
of $350,000,000 and reflects continued strong support of CDC
PDO activities. As such, it reiterates support for the
interconnected language in both the House and the Senate
reports on this issue. CDC shall use the provided funds to
advance the understanding of the opioid overdose epidemic and
scale up prevention activities across all 50 States and
Washington, D.C. The agreement expects that this will include
the expansion of case-level syndromic surveillance data,
improvements of interventions that monitor prescribing and
dispensing practices, better timeliness and quality of
morbidity and mortality data, as well as the enhancement of
efforts with medical examiners and coroner offices. CDC shall
promote the use of Prescription Drug Monitoring Programs
(PDMPs), including implementation of activities described in
the National All Schedules Prescription Electronic Reporting
Act of 2005 as amended by the Comprehensive Addiction and
Recovery Act of 2016. This shall include continuing to expand
efforts to enhance the utility of PDMPs in States and
communities, making them more interconnected, real-time, and
usable for public health surveillance and clinical decision
making. CDC shall also promote alternative surveillance
programs for States and communities that do not have a PDMP.
CDC is encouraged to work with the Office of the National
Coordinator for Health Information Technology to enhance the
integration of PDMPs and electronic health records. Finally,
CDC shall use $10,000,000 of the funds provided to conduct an
opioid nationwide awareness and education campaign.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
The agreement includes a total of $335,200,000 for the
National Institute for Occupational Safety and Health (NIOSH)
in discretionary appropriations. Within the total for NIOSH,
the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................ $116,000,000
Agriculture, Forestry, Fishing................... 25,500,000
Education and Research Centers....................... 29,000,000
Personal Protective Technology....................... 20,000,000
Mining Research...................................... 59,500,000
National Mesothelioma Registry and Tissue Bank....... 1,100,000
Other Occupational Safety and Health Research........ 109,600,000
------------------------------------------------------------------------
Total Worker Health.--The agreement provides funding in the
Other Occupational Safety and Health Research line to
continue to support the Total Worker Health program at not
less than the fiscal year 2017 level.
GLOBAL HEALTH
The agreement includes $488,621,000 for Global Health
activities. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program.................................. $128,421,000
Global Immunization Program.......................... 226,000,000
Polio Eradication................................ 176,000,000
Measles and Other Vaccine Preventable Diseases... 50,000,000
Parasitic Diseases/Malaria........................... 26,000,000
Global Public Health Protection...................... 108,200,000
Global Disease Detection and Emergency Response.. 98,400,000
Global Public Health Capacity.................... 9,800,000
------------------------------------------------------------------------
Global Health Security Strategy.--The agreement reiterates
strong support for the Global Health Security (GHS) strategy
and notes that funding provided in the Ebola supplemental
will expire at the end of fiscal year 2019. The agreement
provides an additional $50,000,000 with three-year
availability which will help CDC sustain its GHS work in
other countries. Not later than 180 days after enactment of
this Act, the Senior Director for Global Health Security and
Biothreats at the National Security Council, in coordination
with the Secretary of State, the United States Agency for
International Development Administrator, the Director of the
Centers for Disease Control and Prevention, the Secretary of
Health and Human Services, the Secretary of Defense, the
Secretary of Homeland Security, and the Director of the
Office of Management and Budget, shall submit to the
appropriate Congressional committees a comprehensive inter-
agency strategy to accelerate the capabilities of targeted
countries to prevent, detect, and respond to infectious
disease outbreaks. The strategy shall: (i) detail the role
and responsibility of each relevant agency of the United
States Government in implementing the strategy; (ii) include
multi-year cost estimates for operations and programs
necessary to implement such strategy, disaggregated by
agency; (iii) describe the mechanisms for coordination and
oversight of such programs; (iv) review lessons-learned from
previous efforts to promote global health security; and (v)
identify any obstacles to the implementation of such strategy
in policy or legislation, and include specific
recommendations for addressing such obstacles.
Global Disease Detection.--Within the total for Global
Disease Detection and Emergency Response, the agreement
includes $3,000,000 in fiscal year 2018 to provide continued
support for existing longitudinal, population-based
infectious disease surveillance platforms that enable
comparative analysis between urban and rural populations in
the developing world.
Soil Transmitted Helminth (STH).--The agreement includes
$1,500,000 for surveillance, source remediation, and clinical
care aimed at reducing STH as described in Senate Report 115-
150.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement includes $1,450,000,000 for public health
preparedness and response activities. Within the total for
Public Health Preparedness and Response, the agreement
includes the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $670,000,000
Agreements..........................................
Academic Centers for Public Health Preparedness...... 8,200,000
CDC Preparedness and Response........................ 161,800,000
BioSense......................................... 23,000,000
All Other CDC Preparedness....................... 138,800,000
Strategic National Stockpile......................... 610,000,000
------------------------------------------------------------------------
Strategic National Stockpile (SNS).--The agreement
appreciates the Secretary's efforts to improve the efficiency
of the Department's public health preparedness and response
programs and looks forward to considering and evaluating the
Department's proposal to shift the funding and oversight of
the SNS from CDC to the Assistant Secretary for Preparedness
and Response (ASPR), as submitted in the fiscal year 2019
budget request. The Committees note that CDC has unique
expertise in public health preparedness and response,
science-based policy and decision making, public health
communications, and coordination with State and local
partners. Should the proposed move be implemented, the
Secretary is strongly urged to maintain a strong and central
role for CDC in the medical countermeasures enterprise.
BUILDINGS AND FACILITIES
The agreement includes $510,000,000 for Buildings and
Facilities. Within this amount, the agreement includes
$480,000,000 for construction of a new Biosafety Level 4 lab,
of which $240,000,000 shall be transferred from the
Nonrecurring Expenses Fund.
CDC-WIDE ACTIVITIES
The agreement includes $273,570,000 for CDC-wide
activities, which includes $113,570,000 in discretionary
appropriations and $160,000,000 in transfers from the PPH
Fund. Within this total, the agreement includes the following
amounts:
[[Page H2701]]
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Preventative Health and Health Services
Block Grant.......................................... $160,000,000
Public Health Leadership and Support................. 113,570,000
------------------------------------------------------------------------
National Institutes of Health
The agreement provides $37,084,000,000 for the National
Institutes of Health (NIH), including $496,000,000 from the
21st Century Cures Act (P.L. 114-255), an increase of
$3,000,000,000, or 8.8 percent, above fiscal year 2017.
The agreement continues the commitment to funding research
on Alzheimer's disease and increases funding by $414,000,000
to a total of $1,828,000,000 in fiscal year 2018; increases
funding for the All of Us precision medicine initiative by
$60,000,000; increases funding for the Brain Research through
Advancing Innovative Neurotechnologies (BRAIN) Initiative by
$140,000,000; increases funding for regenerative medicine by
$8,000,000; increases funding for antibiotic resistance
research by $50,000,000; and increases funding for the
development of a universal influenza vaccine by $40,000,000.
In addition, the agreement includes $500,000,000 for targeted
research on opioid addiction within the National Institute of
Neurological Disorders and Stroke (NINDS) and the National
Institute on Drug Abuse (NIDA), and encourages NIDA to commit
additional funding to this effort from within its base
budget. It also includes a new initiative to expand research
into Down syndrome. In addition, a funding increase above
fiscal year 2017 is provided to every Institute and Center to
continue investments in research that will save lives, lead
to new drug and device development, reduce health care costs,
and improve the lives of all Americans.
The agreement appropriates funds authorized in the 21st
Century Cures Act (P.L. 114-255). Per the authorization,
$300,000,000 is transferred to the National Cancer Institute
for cancer research; $43,000,000 to NINDS and $43,000,000 to
the National Institute on Mental Health (NIMH) for the BRAIN
Initiative; and $110,000,000 will be allocated from the NIH
Innovation Fund, in this agreement reflected in the Office of
the Director, for the Precision Medicine Initiative cohort
($100,000,000) and regenerative medicine research
($10,000,000).
The agreement increases funding for Clinical and
Translational Science Awards to $542,771,000; increases
funding for Institutional Development Awards to $350,575,000;
and continues to support the National Children's Study
Follow-on program at $165,000,000.
The Common Fund is supported as a set-aside within the
Office of the Director at $588,116,000, plus an additional
$12,600,000 to support pediatric research as authorized by
the Gabriella Miller Kids First Research Act (P.L. 113-94).
The agreement expects the 8.8 percent increase of funds
over the fiscal year 2017 level to support an increase in the
number of new and competing Research Project Grants.
The agreement expects that NIH will continue its focus on
emerging investigators and first-time renewals of these young
investigators with actions to significantly reduce the
average age of an NIH-supported new investigator.
The agreement expects NIH to support an increase in the
number of Ruth L. Kirschstein National Research Service
Awards and to provide a stipend level and inflationary
increase to grantees that is at least consistent with the
fiscal year 2018 Federal employee pay raise.
NATIONAL CANCER INSTITUTE (NCI)
Heavy Ion Cancer Therapy and Research.--The agreement
supports NIH's continued exploration of advanced therapeutic
cancer research, specifically heavy ion irradiation
technology. Heavy ion technology will introduce a novel
treatment option to cancer patients that is currently not
available in the U.S. The agreement notes that the U.S.
stands to be a world leader in this advanced research. The
agreement encourages NIH to explore further the development
of a state of the art heavy ion research facility in the U.S.
Furthermore, the agreement encourages NIH to work with the
Departments of Defense and Energy, and other applicable
Federal agencies to equip the first U.S. heavy ion research
center. The agreement urges NIH to capitalize on the
expertise and potential of recently awarded heavy ion
facility planning grant recipients in order to foster a
multidisciplinary approach and advance heavy ion research
that would produce novel, cutting edge treatments for cancer
patients.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
(NIDDK)
National Commission on Digestive Diseases.--The agreement
requests an update on the implementation and recommendations
of the National Commission on Digestive Diseases report
entitled ``Opportunities & Challenges in Digestive
Diseases''' in the fiscal year 2020 Congressional
Justification.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Opioids Research.--The agreement includes $250,000,000 for
targeted research related to opioid addiction, development of
opioid alternatives, pain management, and addiction
treatment.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
Universal Influenza Vaccine.--The agreement directs NIAID
to allocate not less than $100,000,000 in fiscal year 2018 to
advance basic, translational, and clinical research necessary
to develop a universal influenza vaccine. To date, 128
children have died from influenza this season, and the
hospitalization rate this season is among the highest since
the Centers for Disease Control and Prevention began
collecting these data in 2010. In response to the severity of
the 2017-2018 influenza season, the agreement encourages
NIAID to continue to prioritize investment in the basic and
clinical scientific research necessary to develop a universal
influenza vaccine.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Science Education Partnership Awards (SEPA).--The agreement
expects SEPA to receive not less than $19,498,000, which is
the fiscal year 2017 level plus the proportional share of the
general increase provided to NIGMS.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT (NICHD)
Birth Settings Study.--The agreement notes that rates of
home and birth center births continue to rise and there is
ongoing need for further study on issues related to the
choice of birth setting. Therefore, NICHD is directed to
enter into an agreement with the National Academy of Sciences
to provide an evidence-based analysis of the complex findings
in the research on birth settings, including but not limited
to: definitions and assessment of risk factors; access to and
choice in birth settings; social determinants that influence
risk and outcomes in varying birth settings; financing models
for childbirth across settings; and the licensing, training,
and accreditation issues impacting professionals providing
maternity care across all settings.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN--
DISEASES--(NIAMS)
Dermatology Branch.--The agreement reflects the move of the
Dermatology Branch from NCI to NIAMS.
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
Opioid Research.--The agreement includes $250,000,000 for
targeted research related to opioid addiction, development of
opioid alternatives, pain management, and addiction
treatment. The agreement commends the NIH Director for
initiating a Public-Private Partnership to develop new
medications to respond to the opioid crisis, but notes,
however, that NIH has failed to identify additional funding
within the NIH's budget for efforts to address the opioid
crisis. Presently, NIDA allocates 15 percent of its annual
budget to researching issues related to opioid addiction,
arguably one of the greatest public health threats facing the
nation today. While a significant improvement compared to
previous years, in addition to the new opioid research
funding provided by this agreement, NIH is strongly
encouraged to explore opportunities for committing additional
resources from the significant base funding included in the
agreement for NIDA. It is understood that $141,000,000 in
expiring grant awards will become available for new competing
awards in fiscal year 2018.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Research Centers in Minority Institutions (RCMIs).--The
agreement continues to support the core mission of RCMIs to
develop new investigators from under-represented communities
and to conduct world-class biomedical research that
emphasizes minority health and health disparities. The
agreement expects the RCMIs to receive not less than
$61,478,000, which is the fiscal year 2017 level plus the
proportional share of the general increase provided to NIMHD.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)
Clinical and Translational Science Awards (CTSA) Program.--
The bill provides $542,771,000, an increase of $26,651,000,
for the CTSA program.-- The agreement continues to support
the program, a stabilization in the number of hubs funded,
and a five year grant cycle.-- The agreement acknowledges the
positive changes made to the program in response to language
included in the fiscal year--2018 Senate Report, including
the increase in communication and collaboration with the
Committees on Appropriations of the House of Representatives
and the Senate.-- The agreement expects the Director to
provide quarterly updates to principal investigators of CTSA
hubs beginning within 30--days of enactment of this Act and
to continue the ongoing updates to the Committees.-- Finally,
the agreement expects written notification to continue to be
provided to the Committees at least three days in advance of
any public release of CTSA grant awards.
OFFICE OF THE DIRECTOR
Gabriella Miller Kids First Research Act.--The agreement
continues bill language for specific funds authorized by the
Gabriella Miller Kids First Research Act--(P.L.--114-255)
within the Common Fund to support the fourth year of the 10-
year Pediatric Research Initiative. The agreement requests an
update in the fiscal year 2020 Congressional Justification on
this effort as described in the House and Senate Reports.
Down Syndrome.--The agreement directs the NIH Director to
develop a new trans-NIH initiative-involving, at a minimum,
NICHD, NIA, and NCI-to study trisomy 21, with the aim of
yielding scientific discoveries to improve the health and
neurodevelopment of
[[Page H2702]]
individuals with Down syndrome and typical individuals at
risk for Alzheimer's disease, cancer, cardiovascular disease,
immune system dysregulation, and autism, among others.--This
initiative shall bring together research results that will be
available to academic researchers, nonprofit organizations,
and industry researchers. Funding for this trans-NIH
initiative will supplement, not supplant, existing NIH
funding levels for Down syndrome research.-- The agreement
directs NIH to report to the Committees on Appropriations of
the House of Representatives and the Senate within--180 days
of enactment of this act on the structure, leadership, and
key areas of focus for the new trans-NIH initiative for
fiscal years 2018 through 2022.
Strategic Plan for Autism Spectrum Disorder (ASD).--The
agreement notes the release of the 2016 2017 Interagency
Autism Coordinating Committee (IACC) Strategic Plan for
Autism Spectrum Disorder and encourages NIH to consider the
IACC's recommendations regarding future research related to
ASD.
Clinical Trials Definition.--The agreement appreciates
efforts NIH has taken to increase transparency and improve
oversight of its clinical trials and recognizes that the
results of NIH-funded clinical trials have not always been
reported in a timely manner, reducing the potential benefit
from the findings. The agreement urges NIH to continue to
address this problem through enhanced registration and
reporting through ClinicalTrials.gov. There is concern,
however, that in addressing this issue, many fundamental
research studies involving human participants are being
redefined as clinical trials without sufficient notification
and consultation with this segment of the research community.
Fundamental research is critical to the NIH mission and of
value to the public, and there is concern that policy changes
could have long-term, unintended consequences for this
research, add unnecessary regulatory burdens, and
substantially increase the number of studies in the
clinicaltrials.gov database that are not clinical trials. For
fiscal year 2018, the agreement directs NIH to delay
enforcement of the new policy published in the Federal
Register on September 21, 2017--including NIH's more
expansive interpretation of ``interventions'''--in relation
to fundamental research projects involving humans. The new
policy should go forward for research projects that would
have been considered clinical trials under the prior policy.
This delay is intended to provide NIH sufficient time to
consult with the basic research community to determine the
reporting standards best suited to this kind of research. The
agreement directs NIH to provide the Committees on
Appropriations of the House of Representatives and the Senate
a plan and schedule for soliciting comments and input from
the research community within 30 days of enactment of this
act, and brief the Committees on the results of these
consultations and next steps by June 22, 2018.
Frontotemporal Degeneration (FTD).--The agreement strongly
encourages NIH maintain and expand a multi-site
infrastructure and network of clinical sites to extend the
study of genetic and sporadic FTD cohorts. By supporting
research in this way, we may increase our knowledge of the
natural history of the disease by building an infrastructure
for biomarker discovery and clinical trials in defined FTD
cohorts. A key component of this infrastructure includes
support for a bioinformatics framework that will enable broad
data sharing with the research community to advance disease
modeling, and target and pathway discovery for therapeutic
development. The agreement also recommends NIH prepare plans
of action to increase research and treatment initiatives as
they pertain to all forms of dementia, including challenges
faced by those with younger onset and non-amnestic forms of
the disease.
Office of Research on Women's Health (ORWH).--The agreement
recognizes the continuing importance of the ORWH, and the
valuable role it plays in ensuring clinical and basic
research accurately reflects the racial, ethnic, age, sex and
gender diversity necessary to provide generalizable data on
the safety and efficacy of new medical products and the
applicability of NIH-funded research to all Americans. It is
anticipated that funding for ORWH will be assigned the
priority merited by the important mission it advances and
reflect growth in the overall NIH budget.
Substance Abuse and Mental Health Services Administration (SAMHSA)
The agreement encourages SAMHSA to include as eligible
applicants in new funding opportunity announcements, States,
political subdivisions of States, Indian tribes or tribal
organizations, health facilities, or programs operated by or
in accordance with a contract or grant with the Indian Health
Service, or other public or private nonprofit organizations.
The agreement strongly encourages SAMHSA to exercise maximum
flexibility when developing funding opportunity announcements
to ensure that all eligible applicants may apply.
The agreement urges the Assistant Secretary to ensure that
all training requirements specified by 21 U.S.C.
823(g)(2)(G)(ii)(IV) are meaningfully addressed.
MENTAL HEALTH
Certified Community Behavioral Health Clinics.--The
agreement includes $100,000,000 and directs SAMSHA to
prioritize resources to entities within States that are part
of the section 223(a) of the Protecting Access to Medicare
Act of 2014 (P.L. 113-93) demonstration and to entities
within States that were awarded planning grants. SAMHSA is
encouraged to coordinate these resources with its efforts on
substance use disorders. SAMHSA shall conduct an evaluation
of the program and provide a report to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 15 months after the date of enactment of this
Act.
Children's Mental Health Services.--The agreement includes
a new 10 percent set-aside for an early intervention
demonstration program with persons not more than 25 years of
age at clinical high risk of developing a first episode of
psychosis. SAMHSA is directed to work with NIMH on the
implementation of this set-aside.
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:..................................................
Seclusion & Restraint.................................. $1,147,000
Project Aware State Grants............................. 71,001,000
Mental Health First Aid................................ 19,963,000
Healthy Transitions.................................... 25,951,000
Infant and Early Childhood Mental Health............... 5,000,000
National Child Traumatic Stress Network................ 53,887,000
Children and Family Programs........................... 7,229,000
Consumer and Family Network Grants..................... 4,954,000
Mental Health System Transformation and Health Reform.. 3,779,000
Project LAUNCH......................................... 23,605,000
Primary and Behavioral Health Care Integration......... 49,877,000
National Strategy for Suicide Prevention............... 11,000,000
Zero Suicide....................................... 9,000,000
American Indian and Alaska Native.............. 2,000,000
Suicide Lifeline....................................... 7,198,000
Garrett Lee Smith--Youth Suicide Prevention--States.... 35,427,000
Garrett Lee Smith--Youth Suicide Prevention--Campus.... 6,488,000
American Indian and Alaskan Native Suicide Prevention 2,931,000
Initiative............................................
Homelessness Prevention Programs....................... 30,696,000
Tribal Behavioral Grants............................... 15,000,000
Minority AIDS.......................................... 9,224,000
Criminal and Juvenile Justice Programs................. 4,269,000
Assisted Outpatient Treatment.......................... 15,000,000
Assertive Community Treatment for Individuals with 5,000,000
Serious Mental Illness................................
Science and Service:.......................................
Garrett Lee Smith--Suicide Prevention Resource Center.. 5,988,000
Practice Improvement and Training...................... 7,828,000
Primary/Behavioral Health Integration T.A.............. 1,991,000
Consumer & Consumer Support T.A. Centers............... 1,918,000
Minority Fellowship Program............................ 8,059,000
Disaster Response...................................... 1,953,000
Homelessness........................................... 2,296,000
------------------------------------------------------------------------
Infant and Early Childhood Mental Health.--The agreement
includes $5,000,000 for infant and early childhood mental
health promotion, intervention, and treatment as authorized
in section 10006 of the 21st Century Cures Act (P.L. 114-
255).
Mental Health First Aid.--When SAMHSA issues new
competitive funding opportunities, SAMHSA is directed to
include as eligible grantees local law enforcement agencies,
fire departments, and emergency medical units with a special
emphasis on training for crisis de-escalation techniques.
SAMHSA is also encouraged to prioritize training for
veterans, armed services personnel, and their family members.
Project AWARE.--The agreement provides $71,000,000, an
increase of $14,000,000 for Project AWARE, a program which
raises awareness of mental health issues and connects young
people experiencing behavioral health issues, as well as
their families, with needed services. Of the amount provided
for Project AWARE, the agreement provides not less than
$10,000,000 for discretionary grants to support efforts in
high-crime, high-poverty areas and, in particular,
communities that are seeking to address relevant impacts and
root causes of civil unrest. These grants should maintain the
same focus as fiscal year 2017 grants. The agreement requests
a report on progress of fiscal year 2017 grantees 180 days
after the enactment of this Act.
SUBSTANCE ABUSE TREATMENT
21st Century Cures.--The agreement notes concern that
SAMHSA has restricted State's flexibility for addressing the
opioid crisis by limiting the amount of funding that can be
used for opioid prevention activities. The agreement
recommends States be given flexibility within the existing
grant program authorized in section 1003(b)(3) of the 21st
Century Cures Act (P.L. 114-255) to direct resources in
accordance with local needs. The agreement requests a report
to the Committees on Appropriations of the House of
Representatives and the Senate on such plans and evaluation
results available on this program, one year after enactment
of this Act.
State Opioid Response Grants.--The agreement provides
$1,000,000,000 in new funding for grants to States to address
the opioid crisis. This funding is in addition to the
$500,000,000 provided in the 21st Century Cures Act. Bill
language provides $50,000,000 for grants to Indian tribes or
tribal organizations. In addition, the agreement provides a
15 percent set-aside for States with the highest age-adjusted
mortality rate related to opioid use disorders. The Assistant
Secretary is encouraged to apply a weighted formula within
the set-aside based on state ordinal ranking. The agreement
urges the Assistant Secretary to ensure the formula avoids a
significant cliff between States with similar mortality
rates. SAMHSA shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a work plan of the proposed allocation of funds not later
than 30 days prior to awarding grants.
In addition, not later than one year after the date of
enactment of this Act, SAMHSA
[[Page H2703]]
shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate that includes a
description of the activities for which each State has
received funding and the ultimate recipients of the funds
provided to States. In addition, SAMHSA shall submit an
evaluation of the program not later than two years after the
date of enactment of this Act. SAMHSA is directed to make the
report and evaluation publicly available on SAMHSA's website.
National Academy of Sciences (NAS) Review.--Within the
total for administration, technical assistance, and
evaluation, provided to SAMHSA for the State Opioid Response
Grants, the agreement includes $2,000,000 to charter a NAS
review within 90 days of enactment of this Act. The NAS
review will identify outcomes that are to be achieved by
activities authorized in the Comprehensive Addiction and
Recovery Act (P.L. 114-198) and the metrics by which the
achievement of such outcomes shall be determined, as required
by section 701 of such Act. The NAS study should report on
the effectiveness of the programs in achieving their
respective goals for preventing, treating, and supporting
recovery from substance use disorders. The NAS study will
result in the public availability of program level data and
recommendations to Congress concerning the appropriate
allocation of resources to such programs to ensure cost-
effectiveness in the Federal government's response to the
opioid addiction epidemic. It is expected that an interim
report will be completed within three years after enactment
of this Act, and a final report will be completed within five
years after enactment of this Act.
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Capacity:
Opioid Treatment Programs/Regulatory Activities.. $8,724,000
Screening, Brief Intervention, Referral, and 30,000,000
Treatment.......................................
PHS Evaluation Funds......................... 2,000,000
Targeted Capacity Expansion--General............. 95,192,000
Medication-Assisted Treatment for 84,000,000
Prescription Drug and Opioid Addiction......
Pregnant & Postpartum Women...................... 29,931,000
Building Communities of Recovery................. 5,000,000
Recovery Community Services Program.............. 2,434,000
Children and Families............................ 29,605,000
Treatment Systems for Homeless................... 36,386,000
Minority AIDS.................................... 65,570,000
Criminal Justice Activities...................... 89,000,000
Drug Courts.................................. 70,000,00
Science and Service:
Addiction Technology Transfer Centers............ 9,046,000
Minority Fellowship Program...................... 4,539,000
------------------------------------------------------------------------
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--The agreement provides $84,000,000 for the
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction program. SAMHSA is directed to include as an
allowable use medication-assisted treatment and other
clinically appropriate services to achieve and maintain
abstinence from all opioids and heroin. SAMHSA is directed to
give preference in grant awards to treatment regimens that
are less susceptible to diversion for illicit purposes. These
grants should target States with the highest age adjusted
rates of admissions, including those that have demonstrated a
dramatic age adjusted increase in admissions for the
treatment of opioid use disorders. Within the total, the
agreement includes $5,000,000 for grants to Indian tribes,
tribal organizations, or consortia.
Minority Fellowship Program.--With the $1,000,000 increase
provided, the agreement directs SAMHSA to provide funding to
grantees to develop and implement fellowships in psychology,
addiction psychiatry, and addiction medicine with a specific
focus in addressing the needs of individuals with substance
use disorders.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for $119,484,000
Success.........................................
Strategic Prevention Framework Rx............ 10,000,000
Grants to Prevent Prescription Drug/Opioid 12,000,000
Overdose........................................
First Responder Training......................... 36,000,000
Rural Set-aside.............................. 18,000,000
Improving Access to Overdose Treatment........... 1,000,000
Mandatory Drug Testing........................... 4,894,000
Minority AIDS.................................... 41,205,000
Sober Truth on Preventing Underage Drinking (STOP 7,000,000
Act)............................................
National Adult-Oriented Media Public Service 1,000,000
Campaign....................................
Community-based Coalition Enhancement Grants. 5,000,000
Intergovernmental Coordinating Committee on 1,000,000
the Prevention of Underage Drinking.........
Tribal Behavioral Health Grants.................. 15,000,000
Science and Service:
Center for the Application of Prevention 7,493,000
Technologies....................................
Science and Service Program Coordination......... 4,072,000
Minority Fellowship Program...................... 71,000
------------------------------------------------------------------------
The agreement directs all funding appropriated explicitly
for substance abuse prevention purposes both in the Center
for Substance Abuse Prevention's PRNS lines as well as the
funding from the 20 percent prevention set-aside in the
Substance Abuse Prevention and Treatment Block Grant be used
only for bona fide substance abuse prevention programs and
not for any other purpose.
Federal Drug Free Workplace.--The agreement strongly
encourages the Secretary to expeditiously produce the
technical guidelines for the use of hair testing as a
Federally-accepted drug testing method.
health surveillance and program support
Within the total provided for health surveillance and
program support, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance....................................... $47,258,000
PHS Evaluation Funds................................... 30,428,000
Program Management......................................... 79,000,000
Performance and Quality Info. Systems...................... 10,000,000
Drug Abuse Warning Network................................. 10,000,000
Public Awareness and Support............................... 13,000,000
Behavioral Health Workforce Data........................... 1,000,000
PHS Evaluation Funds................................... 1,000,000
------------------------------------------------------------------------
Agency for Healthcare Research and Quality
healthcare research and quality
The agreement provides $334,000,000 for the Agency for
Healthcare Research and Quality (AHRQ). Within the total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2018
Budget Activity Agreement
------------------------------------------------------------------------
Patient-Centered Health Research.......................... $0
Prevention/Care Management................................. 11,649,000
Health Information Technology (IT)......................... 16,500,000
Health IT to Improve Quality........................... 14,500,000
Patient Safety Research.................................... 70,276,000
Healthcare-Associated Infections Prevention............ 36,000,000
Combating Antibiotic-Resistant Bacteria............ 10,000,000
Healthcare Delivery Systems............................ 10,000,000
Crosscutting Activities Related to Quality, Effectiveness, 94,284,000
and Efficiency Research...................................
Health Services Contract/IAA Research.................. 14,000,000
Investigator-Initiated Research Grants................. 52,933,000
Medical Expenditure Panel Survey........................... 69,991,000
Program Management......................................... 71,300,000
------------------------------------------------------------------------
Health Services and Primary Care Research.--The agreement
includes $1,000,000 within the total for Program Management
to contract with an independent entity to study health
services and primary care research supported by Federal
agencies since fiscal year 2012. This study should identify
research gaps and areas for consolidation, as well as propose
strategies for better coordination of the Federal health
services research enterprise. AHRQ shall provide a report to
the Committees on Appropriations of the House of
Representatives and the Senate on the status of this study
within one year of enactment of this Act.
Centers for Medicare and Medicaid Services (CMS)
program management
Ambulatory Surgical Center Payment System.--The agreement
notes that CMS recently finalized the payment rates under the
Ambulatory Surgical Center Payment System for calendar year
2018. CMS is directed to submit a report within 180 days of
enactment of this Act to the Committees on Appropriations of
the House of Representatives and the Senate. Such report
should include a detailed justification of the payment
methodology for Interventional Pain Ambulatory Surgical
Centers.
Assistive Technology.--The agreement encourages CMS to
support efforts by State Medicaid programs to partner with
State Assistive Technology Act Programs to develop and
implement reutilization programs with a goal of containing
Medicaid costs.
Cost Plans.--The agreement supports efforts that ensure
beneficiaries enrolled in a Medicare Cost Plan subject to a
transition in contract year 2019 are either deemed from the
Cost Plan to one of its Medicare Advantage plans, seamlessly
transitioned to a new Medicare Advantage plan, or
transitioned to Medicare Fee-for-Service without disruption
to care. The agreement requests the Secretary notify
beneficiaries enrolled in Medicare Cost Plans as of January
1, 2018, if their plan will not be available, and notify
beneficiaries of available educational resources not later
than June 1, 2018. The agreement requests CMS inform impacted
beneficiaries of their coverage options for January 1, 2019,
as early as practicable.
Durable Medical Equipment.--The agreement encourages CMS to
promulgate the pending Interim Final Rule entitled ``Durable
Medical Equipment Fee Schedule, Adjustments to Resume the
Transitional 50/50 Blended Rates to Provide Relief in Non-
Competitive Bidding Areas.''
Health Insurance Exchange Transparency.--The agreement
continues to include bill language in section 220 that
requires CMS to provide cost information for the following
categories: Federal Payroll and Other Administrative Costs;
Exchange-related Information Technology (IT); Non-IT Program
Costs, including Health Plan Benefit and Rate Review,
Exchange Oversight, Payment and Financial Management,
Eligibility and Enrollment; Consumer Information and
Outreach, including the Call Center, Navigator Grants and
Consumer Education and Outreach; Exchange Quality Review;
Small Business Health Options Program and Employer
Activities; and Other Exchange Activities. Cost information
should be provided for each fiscal year since the enactment
of the Patient Protection and Affordable Care Act (P.L. 111-
148). CMS is also required to include the estimated costs for
fiscal year 2019.
Mental Health Providers.--The agreement is aware that
Medicare beneficiaries have limited access to substance use
disorder and mental health services, particularly in rural
and underserved areas. The agreement notes
[[Page H2704]]
concern about the shortage of eligible mental health
providers for the Medicare population and supports efforts to
explore the expansion of the mental and behavioral health
workforce.
Recovery Audit Contractors.--The agreement requests a
briefing on the Recovery Audit Contractor program for the
Committees on Appropriations of the House of Representatives
and the Senate within 60 days of enactment of this Act.
Risk Corridor Program.--The agreement continues bill
language to prevent the CMS Program Management appropriation
account from being used to support risk corridor payments.
The agreement directs CMS to provide a report starting with
plan year 2014 to the Committees on Appropriations of the
House of Representatives and the Senate detailing the
receipts and transfer of payments for this program.
Telehealth.--The agreement reaffirms the request under this
heading in Senate Report 115-150 for a report within one year
of enactment of this Act. The agreement directs the
Administrator to consult with Telehealth Centers of
Excellence and other relevant agencies and stakeholders.
Administration for Children and Families (ACF)
low income home energy assistance
The agreement includes an increase of $250,000,000 for the
Low Income Home Energy Assistance Program (LIHEAP). LIHEAP
provides critical assistance to help low-income households
keep up with home energy costs, which is particularly
valuable for geographic regions that experience extreme
temperatures in the winter and summer months.
refugee and entrant assistance
Refugee Support Services.--The agreement accepts the
Administration's proposal to consolidate funding from Social
Services, Preventive Health, and Targeted Assistance into
Refugee Support Services. The agreement expects activities
funded under these three lines in fiscal year 2017 to
continue in fiscal year 2018 at the same funding level as
fiscal year 2017.
Transitional and Medical Services.--The agreement provides
a funding level consistent with the current estimates of
eligible arrivals. The agreement affirms the expectations
outlined in Senate Report 115-150, including ACF maintaining
the number of months refugees are eligible for benefits.
Unaccompanied Children.--The agreement directs HHS to
provide a joint briefing with the Departments of Homeland
Security and State, within 45 days of enactment of this Act,
to the Committees on Appropriations of the House of
Representatives and the Senate. The briefing should outline
the Administration's current and planned policies that impact
the resources needed for this program.
Victims of Trafficking.--The agreement includes $17,000,000
for services for foreign national victims and $6,755,000 to
improve services available for U.S. citizens and legal
permanent residents. Within the total of $23,755,000, the
agreement includes $1,750,000 for the National Human
Trafficking Hotline program, an increase of $250,000.
payments to states for the child care and development block grant
The agreement includes a $2,370,000,000 increase for the
Child Care and Development Block Grant (CCDBG) Act. It is
expected that this increase will support the full
implementation of the CCDBG Act as reauthorized in 2014,
including activities to improve the quality and safety of
child care programs, increasing provider reimbursement rates,
and ensuring health and safety standards are met. The
Department should work with States to ensure they are fully
in compliance with, and meeting the goals of, the CCDBG Act.
Further, the Department should work with States to ensure
they are aware of the availability of funds under current law
to make minor improvements to facilities to bring them into
compliance with health and safety requirements and improve
professional development for the child care workforce.
Finally, the Department should work with States to ensure
they are meeting the needs of families with non-traditional
work hours. The funding will also increase access to
affordable, high-quality child care to more low-income,
working families.
children and families services programs
Child Abuse Prevention and Treatment Act (CAPTA) Infant
Plans of Safe Care.--The agreement provides an increase of
$60,000,000 for CAPTA State Grants. Within the increase, the
agreement directs States to prioritize infant plans of safe
care, including compliance with the requirements in section
106(b)(2)(B)(iii) of CAPTA. The incidence of neonatal
abstinence syndrome has increased as the opioid crisis has
worsened, and this funding is intended to help States improve
their response to infants affected by substance use disorder
and their families. The agreement also directs HHS to provide
the necessary technical assistance, monitoring, and oversight
to assist and evaluate State's activities on plans of safe
care. The agreement requests an update on those activities in
the fiscal year 2020 Congressional Justification.
Child Abuse Discretionary Activities.--The agreement notes
the lack of knowledge regarding effective and appropriate
text-based and chat-based intervention and education services
for child abuse victims and concerned adults as these new
communication channels increase in prevalence. Therefore, the
agreement includes $1,000,000 for an extramural grant to
develop and expand text and chat capabilities and protocols
for a National child abuse hotline to determine best
practices in appropriate communication, identity
verification, privacy protection, and resource sharing with
youth seeking assistance. In awarding the grant, ACF is
directed to prioritize ability to coordinate with other
hotlines administered by ACF.
Community Economic Development.--The agreement directs ACF
to issue a funding opportunity announcement prioritizing
applications from rural areas with high rates of poverty,
unemployment, and substance abuse.
Early Head Start (EHS).--The agreement includes a
$115,000,000 increase for Early Head Start Expansion and
Early Head Start-Child Care (EHS-CC) Partnership Grants. The
agreement directs ACF to continue to equally prioritize EHS
Expansion and EHS-CC Partnerships, as determined by the needs
of local communities, as done in previous grant competitions
for this program. Within the total, the agreement includes a
cost of living adjustment of $15,000,000 for existing
grantees.
Head Start.--The agreement provides a full cost-of-living
adjustment of $216,000,000 to Head Start grantees. The
agreement also includes $260,000,000 for grantees to increase
their program hours, in alignment with the requirement in the
Head Start Program Performance Standards. In addition to
supporting working families, research shows that extended
duration of high-quality early learning services improves
child learning and developmental outcomes.
Family Violence Prevention and Services.--The agreement
includes a $9,000,000 increase and directs ACF to use
$5,000,000 of that increase to supplement existing funding
for Native American tribes and tribal organizations. The
agreement recognizes the importance of providing supports
that are culturally appropriate to the populations they
serve.
Native American Programs.--The agreement includes
$12,000,000 for Native American language preservation
activities, including $3,000,000 for Generation Indigenous,
and not less than $4,000,000 for language immersion programs
authorized by section 803C(b)(7)(A)-(C) of the Native
American Programs Act.
Runaway and Homeless Youth.--The agreement provides an
increase of $8,300,000 for the Runaway and Homeless Youth
program. The new funding should be provided to Transitional
Living Program and Maternal Group Home grantees whose awards
end on April 30, 2018 to continue services until new awards
for those grantees are made or for grantees who did not get a
new grant, a continuation grant to provide services until the
end of fiscal year 2018. The new funding can only be used for
additional new awards after funds have been set aside for
completing extensions to ensure grantees awarded grants in
fiscal year 2013 are able to operate through the end of
fiscal year 2018.
Street Outreach Program.--The agreement acknowledges the
value of geographic balance in providing resources to fight
against youth homelessness and encourages ACF to award at
least one grant in each of the 10 regions.
PROMOTING SAFE AND STABLE FAMILIES
Kinship Navigator Programs.--As parents struggle with
opioid addiction and substance use disorder, more
grandparents and relatives are taking primary responsibility
for the care of children. The agreement includes $20,000,000
to assist States and Indian tribes to develop and enhance
kinship navigator programs. The new funding is provided to
support changes to comply with upcoming requirements in the
recently passed Family First Prevention Services Act,
included as part of the Bipartisan Budget Act of 2018 (P.L.
115-123).
Regional Partnership Grants.--This agreement includes
$20,000,000 for Regional Partnership Grants to fund community
collaborations among substance abuse treatment, courts, and
child welfare agencies to improve the lives of children and
families affected by opioids and other substance use
disorders.
Administration for Community Living (ACL)
AGING AND DISABILITY SERVICES PROGRAMS
Aging Network Support Activities.--The agreement provides
$12,461,000 for Aging Network Support Activities, of which
$5,000,000 is for the Holocaust Survivor's Assistance
program.
Alzheimer's Disease Program.--The agreement provides
$23,500,000 for the Alzheimer's Disease Program, an increase
of $4,000,000. The agreement accepts the Administration's
proposal to streamline several Alzheimer's disease programs
into one larger, more flexible program that will allow
States, communities, nonprofits, and Indian tribes greater
access to funding opportunities authorized under Title IV of
the Older Americans Act. The agreement directs ACL to expand
support for evidence-based interventions funded in fiscal
year 2017 and to test cutting edge approaches that will serve
persons with Alzheimer's disease, related dementias, and
their family caregivers. The agreement notes that the
National Institute on Aging will continue its Alzheimer's
Disease Outreach Campaign and the agreement also provides
funding for the National Alzheimer's Call Center under this
heading.
Assistive Technology.--The agreement includes $2,000,000
for competitive grants as specified in House Report 115-244.
In addition, the agreement encourages CMS to support efforts
by State Medicaid programs to
[[Page H2705]]
partner with State Assistive Technology Act Programs to
develop and implement reutilization programs with a goal of
containing Medicaid costs.
Elder Rights Support Activities.--The agreement includes
$15,874,000 for Elder Rights Support Activities, of which
$12,000,000 is included for the Elder Justice and Adult
Protective Services program.
Developmental Disabilities Projects of National
Significance.--The agreement includes $12,000,000 for
Developmental Disabilities Projects of National Significance.
Of this amount, not less than $1,000,000 is to fund
transportation assistance activities for older adults and
persons with disabilities. The transportation activities
should focus on the most cost-effective and sustainable
strategies that can be replicated to other communities.
Independent Living.--The agreement provides $113,183,000
for the Independent Living program, of which $24,878,000 is
for the Independent Living State Grants program and
$88,305,000 is for the Centers for Independent Living
program.
Paralysis Resource Center.--The agreement includes
$7,700,000 for the National Paralysis Resource Center (PRC),
an increase of $1,000,000. This program has long provided
essential, comprehensive information, and referral services
that promote independence and quality of life for the 5.4
million people living with paralysis and their families. The
agreement directs ACL to continue support for the national
PRC at not less than the fiscal year 2017 funding level.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Healthcare Costs of Illegal Immigration.--The agreement
directs the Department to provide a report to the Committees
on Appropriations of the House of Representatives and the
Senate on available information regarding the costs borne by
State and local governments for providing services to
individuals without legal immigration status, including the
Federal resources from the Department that are being used to
assist States in fiscal year 2018 to cover these expenses.
Nonrecurring Expenses Fund.--In addition to funds directed
in the CDC's Buildings and Facilities account to support the
BSL-4 laboratory, the agreement directs the Secretary to
prioritize obligations from resources in the Nonrecurring
Expenses Fund for the following projects: CDC National
Institute for Occupational Safety and Health facility, Indian
Health Services facilities, NIH chillers, Food and Drug
Administration laboratory renovations, HHS cybersecurity
initiatives, and the Departmental Appeals Board case
management system. Additionally, the agreement notes the
number of notified projects that have not yet been completed.
The agreement encourages the Secretary to complete
outstanding projects in a timely manner and prior to
directing funding to new projects.
Obligation Reports.--The agreement directs the Secretary to
submit electronically to the Committees on Appropriations of
the House of Representatives and the Senate an Excel table
detailing the obligations made in the most recent quarter for
each office and activity funded under this appropriation not
later than 30 days after the end of each quarter.
Staffing Reports.--The agreement directs the Secretary to
submit to the Committees on Appropriations of the House of
Representatives and the Senate a monthly Excel table listing
the names, titles, grades, agencies, and divisions of all of
the political appointees and special government employees,
and detailees that were employed by or assigned within the
Department during the previous month.
Technical Assistance.--The agreement reiterates the
importance of the long-standing relationship between the
Committees on Appropriations of the House of Representatives
and the Senate (Committees) and the Department's Office of
the Assistant Secretary for Financial Resources (ASFR). As
noted in Senate Report 115-150, the Committees have long
relied on ASFR to facilitate the Committees' requests for
legal and technical feedback that is not covered by a
legitimate claim of privilege, as well as technical
assistance to ensure the Committees' guidance is implemented
as intended. The Committees expect that all technical
assistance requests be dealt with in a manner that is
consistent with past precedent, including timely answers that
respond to any specific inquiries.
OFFICE OF MEDICARE HEARINGS AND APPEALS
The agreement directs the Office of Medicare Hearings and
Appeals to provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
reflecting the total number of appeals filed, appeals
pending, and appeals disposed of for all levels of the
appeals process. The quarterly updates should include a
breakout of Recovery Audit Contractor (RAC) and non-RAC
claims.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The agreement includes a program level of $1,953,458,000
for the Public Health and Social Services Emergency Fund
(PHSSEF). This funding will support a comprehensive program
to prepare for and respond to the health and medical
consequences of all public health emergencies, including
bioterrorism, and support the cybersecurity efforts of HHS.
The agreement commends the Assistant Secretary for
Preparedness and Response (ASPR) for the work ASPR has done
to develop regional, coalition-based disaster medical
response plans. The agreement encourages ASPR to work with
States that have demonstrated success in creating statewide
disaster healthcare systems to coordinate patient movement,
evacuation and field emergency care, particularly in areas
with high incidence of natural disasters, with the goal of
establishing best practices and maximizing Federal resources.
Hospital Preparedness Program (HPP).--The agreement rejects
the Administration's proposal to change the allocation
formula that would leave 26 States and Territories without
HPP funding.
General Provisions
Prevention and Public Health Fund.--The agreement reflects
the allocation of the Prevention and Public Health Fund.
PREVENTION AND PUBLIC HEALTH FUND
------------------------------------------------------------------------
FY 2018
Agency Budget Activity Agreement
------------------------------------------------------------------------
ACL................................ Alzheimer's Disease $14,700,000
Program.
ACL................................ Chronic Disease Self- 8,000,000
Management.
ACL................................ Falls Prevention...... 5,000,000
CDC................................ Breast Feeding Grants 8,000,000
(Hospitals Promoting
Breastfeeding).
CDC................................ Diabetes.............. 52,275,000
CDC................................ Epidemiology and 40,000,000
Laboratory Capacity
Grants.
CDC................................ Healthcare Associated 12,000,000
Infections.
CDC................................ Heart Disease & Stroke 53,275,000
Prevention Program.
CDC................................ Million Hearts Program 4,000,000
CDC................................ Office of Smoking and 126,000,000
Health.
CDC................................ Preventative Health 160,000,000
and Health Services
Block Grants.
CDC................................ Section 317 324,350,000
Immunization Grants.
CDC................................ Lead Poisoning 17,000,000
Prevention.
CDC................................ Early Care 4,000,000
Collaboratives.
SAMHSA............................. Garrett Lee Smith- 12,000,000
Youth Suicide
Prevention.
------------------------------------------------------------------------
The agreement includes a new provision related to indirect
cost negotiated rates.
The agreement includes a new provision granting transfer
authority for funds related to opioid research at NIH.
The agreement includes a new provision prohibiting Child
Care and Development Block Grant funds from going to
providers where a serious injury or death occurred due to a
substantiated health or safety violation.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
Consultation on State Plans.--As State Educational Agencies
work to finalize their plans for distributing their section
1003 funds, and continue to give priority to supporting Local
Educational Agencies as required under section 1003(f) of the
Every Student Succeeds Act (ESSA), States must include
assurances in their State plans as required under 1111(g)(2),
including the assurance that the State educational agencies
will ensure that local educational agencies, in developing
and implementing programs under Title I, Part A, will, to the
extent feasible, work in consultation with outside
intermediary organizations (such as educational service
agencies), or individuals, that have practical expertise in
the development or use of evidence-based strategies and
programs to improve teaching, learning, and schools.
School Improvement Programs
Native Hawaiian Education Program.--The agreement includes
$36,397,000 for the Native Hawaiian Education program,
including $650,000 for the Native Hawaiian Education Council.
Student Support and Academic Enrichment Grants.--One of the
goals of the Student Support and Academic Enrichment (SSAE)
grants program is to provide safe, healthy learning
environments for students. The funding can be utilized for a
wide range of uses, including to expand access to or
coordinate resources for school-based mental health services
and supports, which may include trauma-informed practices and
school counseling; bullying prevention; and professional
development for personnel in crisis management and school-
based violence prevention strategies. The agreement provides
$1,100,000,000, which is a $700,000,000 increase over fiscal
year 2017, to make these flexible resources available to
States, which can include assisting in protecting students
and educators.
In addition to the language included in House Report 115-
244 regarding SSAE grants and science, technology,
engineering, and math (STEM) education, the agreement
encourages the Department to especially support pre-
kindergarten through grade 12 computer science education
programs that address the enrollment and achievement gap for
underrepresented students such as minorities, girls, and
youth from families living at or below the poverty line.
INNOVATION AND IMPROVEMENT
Education Innovation and Research (EIR).--The agreement
reiterates and applies language included under this heading
in both House Report 115-244 and Senate Report 115-150 to
funds provided in this Act.
In addition, within the total, the agreement includes
$50,000,000 for innovative STEM education projects, including
computer science education. The Department proposed in its
fiscal year 2019 budget new bill language, not included in
this agreement, that would allow the Secretary to devote all
of these funds to STEM. This proposal will be considered as
part of the fiscal year 2019 appropriations process.
The Department should coordinate with other Federal
agencies that issue grants in this area, including the
National Science Foundation, to avoid duplication and ensure
activities funded under EIR build on the existing evidence
base and provide a unique benefit to the field. The agreement
also notes that a wide-range of formula and competitive
grants at the Department of Education can also be used to
support STEM education.
The agreement also encourages the Department to seek
opportunities to collaborate with researchers from the fields
of neuroscience, cognitive development, psychiatry,
psychology, and education and human development, for the
purposes of promoting research-based scientific interventions
in the science of learning that improve academic outcomes for
high-need, high-poverty students. The agreement also directs
the Department to prioritize proposals that seek to
[[Page H2706]]
improve early learning and cognitive development outcomes
among high-need, high-poverty students through neuroscience-
based and scientifically validated interventions and meet the
evidence requirements for this program established by ESSA.
Charter Schools Program.--The agreement modifies the
language in Senate Report 115-150 to include up to $7,500,000
for developer grants to establish or expand charter schools
in underserved, high-poverty, rural areas, as described
therein.
Supporting Effective Educator Development.--In awarding
grants under the Supporting Effective Educator Development
(SEED) program, the Secretary is directed to ensure that
grants are distributed among a diverse set of eligible
entities including National non-profit organizations
implementing evidence-based activities (as defined in section
8101(21)(A)(i) of the Elementary and Secondary Education Act)
across a number of sites which can help bring to scale
evidence-based programs of National significance across the
country.
Additionally, the agreement supports funding for activities
described under this heading in the explanatory statement
accompanying Division H of the Consolidated Appropriations
Act, 2017, regarding programs, which may include a consortia
of programs operating in multiple States, to improve the
academic preparation and college readiness, including the
college-and-career pipeline, of rural youth.
Finally, within the SEED program, the agreement supports
funding for innovative programs providing professional
development for teachers in early childhood and early
elementary school focused on social emotional learning,
classroom and behavior management, and improving school
climate, with the goal of improving the social and emotional
well-being and academic performance of students.
Arts in Education.--The agreement includes funding to
continue the Department's support for all grant programs
funded within this program at not less than the fiscal year
2017 level. This includes $7,700,000, an increase of
$1,000,000, for the National Arts in Education program, to
continue the Department's support for National-level, high-
quality arts education projects, which could include
developing arts education data mapping tools to identify gaps
in arts education across the country; developing and updating
standards-aligned arts curriculum; professional development
for special educators; and other high-quality projects for
children and youth, with an emphasis on servicing students
from low-income families and students with disabilities. The
Department is also directed to provide more flexibility to
Arts in Education Model Development and Dissemination
grantees by establishing more appropriate performance
measures, such as access to standards-based arts education in
high-needs schools and assessment of student knowledge and
skills in the arts, for this grant activity.
SAFE SCHOOLS AND CITIZENSHIP EDUCATION
National Activities.--The agreement includes $90,000,000,
an increase of $22,000,000. These funds should be used to
expand evidence-based programs to ensure safe learning
environments for students and educators, including improving
school climates, preventing violence in schools, and
providing services in response to serious incidents.
Promise Neighborhoods.--The agreement reiterates language
under this heading in Senate Report 115-150 except that it
expects initial implementation continuation grants to be
awarded as soon as possible, not later than June 1, 2018. In
addition, the agreement specifies that not less than
$12,000,000 shall be available for such extension grants in
fiscal year 2018, with a minimum grant of not less than
$3,000,000 per year.
SPECIAL EDUCATION
Within the total for Technical Assistance and Dissemination
the agreement includes $15,083,000 for education activities
authorized under P.L.--108-406.
Seclusion and Restraint.--The agreement includes direction
for the Government Accountability Office (GAO) to conduct a
further study on data reported to the Department of
Education's Office for Civil Rights on the use of seclusion
and restraints for all students at the school and district
level on efforts to reduce the use of seclusion and restraint
practices. There is concern that seclusion and restraint
issues continue to be chronically underreported. In
particular, GAO is encouraged to evaluate recommendations for
improving data collection at any school, including any
special education or alternative school, that serves
students, ages 3-21. In fulfilling the requested study, the
GAO should also include recommendations, including examples
of best practices, of how schools are adopting effective
alternatives to these practices and reducing the incidence of
seclusion and restraint.
STUDENT FINANCIAL ASSISTANCE
Federal Work Study.--The agreement includes up to
$9,625,000, an increase of $1,235,000, for the Work Colleges
program authorized under section 448 of the Higher Education
Act.
Pell Grants.--The agreement includes sufficient funding to
increase the maximum award by $175 to $6,095 in academic year
2018-2019.
STUDENT AID ADMINISTRATION
Student Loan Servicing.--The agreement supports efforts to
improve the Federal student aid application and servicing
process to best serve students and student borrowers.
However, there remains concern about specific elements of the
Department's proposal to significantly revamp the Federal
student loan servicing process. Accordingly, the agreement
includes language, modified from Senate Report 115-150,
preventing the Department from moving forward with specific
components of their proposal and current solicitation unless
they are modified to include certain elements to promote
accountability, transparency, and competition, to better
serve student borrowers and taxpayers. Nothing in this
language should be interpreted as otherwise preventing the
Department from modernizing the student loan servicing
process, or the student and borrower experience; or improving
the current performance-based student loan allocation process
to strengthen incentives for servicers to provide high-
quality service to borrowers.
The Department is directed to provide pursuant to the
quarterly obligation plans reporting instructions in Senate
Report 115-150 the following additional information:
performance metrics, total loan volume, and number of
accounts broken out by servicer and for each private
collection agency. Further, the Department is directed to
provide the requested briefing on the benefits for
servicemembers and veterans directive in Senate Report 115-
150 within 30 days of enactment of this Act.
HIGHER EDUCATION
Cybersecurity Education.--The growing presence of
cybersecurity threats continues to highlight the need for
quality cybersecurity education programs. The efforts of the
nation's community colleges to expand cybersecurity education
in lower-income student populations is commendable and
important, but often those schools lack the resources to
maintain state of the art programs. To address these needs,
the agreement includes $1,000,000 for the Department of
Education to establish a pilot grant program to support
technological upgrades for community colleges for the purpose
of supporting cybersecurity programs.
Federal TRIO Programs.--The agreement reiterates the
language in Senate Report 115-150 regarding reviewing fiscal
year 2017 applications with minor technical issues. Further,
the agreement clarifies that minor technical issues includes
applications with minor budget issues, and adds that the
review should include applications under all fiscal year 2017
TRIO competitions.
GEAR UP.--The Department is directed to announce Notices
Inviting Applications for New Awards for State Grants and
Partnership Grants in the Federal Register. In such notice
for State grants, the Department is directed to uphold the
long-standing guidance that States may only administer one
active State GEAR UP grant at a time. The Secretary is
directed to provide written guidance in the Federal Register
notifying applicants that only States without an active State
GEAR UP grant, or States that have an active State GEAR UP
grant that is scheduled to end prior to October 1, 2018, will
be eligible to receive a new State GEAR UP award funded in
whole or in part by this appropriation.
Open Textbooks Pilot.--The agreement includes $5,000,000
for a pilot, competitive grant program to support projects at
institutions of higher education that create new open
textbooks or expand their use in order to achieve savings for
students while maintaining or improving instruction and
student learning outcomes. The Secretary shall require that
any open textbook created with program funds be licensed
under a nonexclusive, irrevocable license to the public to
exercise any of the rights under copyright conditioned only
on the requirement that attribution be given as directed by
the copyright owner. Further, the Secretary should give
special consideration to projects at institutions of higher
education that demonstrate the greatest potential to achieve
the highest level of savings for students through
sustainable, expanded use of open textbooks in postsecondary
courses offered by the eligible entity and expand the use of
open textbooks at institutions of higher education outside of
the eligible entity.
Historically Black College and University Capital Financing
Program
The agreement includes new funding and provisions related
to the deferment of outstanding loans for private
historically Black colleges and universities (HBCUs). It also
includes a new provision regarding an outreach plan to help
additional public HBCUs participate in the program.
Departmental Management
Reorganization Plans.--The Department is directed to
provide detailed information on any plans to reform or
reorganize the Department to the Committees on Appropriations
of the House of Representatives and Senate prior to beginning
implementing any such plans. There remains concern that
adequate information about and justification for its
reorganization have not been transparently shared with
Congress and stakeholders to be able to evaluate the changes
being proposed, including the potential benefits or existing
challenges they are meant to address.
Of particular concern is any attempt to reorganize or alter
the current structure of the Budget Service office. The
Committees on Appropriations of the House of Representatives
and the Senate rely on the quality and professional expertise
of this office and are deeply concerned about proposed
changes to its structure. Therefore, a provision is included
in the agreement which would not allow funding to be used for
the purpose of reorganizing or decentralizing the office.
The Budget Service office shall continue to have lead
responsibility for: (1) developing and implementing the
Department's budget; (2) formulating budget and related
legislative policies for Department programs; (3) presenting
the Department's budget and related policy proposals to the
public and Congress; (4) establishing and maintaining a
Department-wide performance-based budget formulation,
execution, and management system; and (5) reviewing and
analyzing Department program operations, including budget and
policy implementation. The Budget Service office shall also
continue to play a prominent role in reviewing, analyzing and
estimating costs of regulations, analyzing policy, and
overseeing the Department's management of its programs and
administrative resources. There is strong concern that a
decentralization of these functions will create
inefficiencies.
Borrower Defense Claims Reporting.--The Department is
directed to provide quarterly reports pursuant to the
borrower defense claims reporting instructions in Senate
Report 115-150 that also include the following additional
information: the total and median dollar amount of
outstanding debt from borrowers prior to discharge, the
percentage of
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the total approved claims receiving partial relief, and the
median student loan debt remaining as part of claims
receiving partial relief.
Office for Civil Rights.--The agreement includes
$117,000,000 for the Office for Civil Rights (OCR). The OCR
is directed in fiscal year 2018 to use this appropriation to
increase its level of full time equivalent employment in
order to effectively and timely investigate complaints;
execute and report on the civil rights data collection;
thoroughly monitor corrective actions of institutions and
meet other critical workloads. Further, OCR is directed to
maintain its 12 regional offices consistent with the
organizational structure described in its fiscal year 2018
and 2019 Justification of Appropriation Estimates to the
Congress.
General Provisions
The agreement includes a new general provision to exempt
the Magnet Schools program from one long-standing general
provision on transporting students. ESSA reauthorized the
Magnet School program in 2015 and allowed funds to be used
for transportation and this agreement should not impede the
Magnet School program from doing so. The agreement notes that
the Committees on Appropriations of the House of
Representatives and the Senate should consider a longer term
solution to this issue during the fiscal year 2019
appropriations process.
The agreement modifies a provision rescinding unobligated
balances available for the Pell Grant program to offset the
mandatory costs of increasing the maximum award.
The agreement includes a new provision to address a
drafting error related to the reauthorization of the Impact
Aid program.
The agreement includes a new provision clarifying
availability of hurricane relief funding.
The agreement includes a new provision to clarify current
law and allow for the continued sharing of financial data to
scholarship granting organizations.
The agreement includes a new provision modifying existing
authority relating to cohort default rates for a period of
two years.
The agreement includes a new provision related to public
service loan forgiveness.
The agreement includes a new provision regarding Pell
eligibility for children of first responders who have died in
the line of duty.
TITLE IV--RELATED AGENCIES
Corporation for National and Community Service (CNCS)
Innovation, Demonstration, and Other Activities.--The
agreement includes $7,600,000 for innovation, demonstration,
and assistance activities. Within the total, the agreement
recommends $5,400,000 for the Volunteer Generation Fund. The
agreement also includes a total of $2,200,000 for National
Days of Service, to be equally allocated between the
September 11 National Day of Service and Remembrance and the
Martin Luther King, Jr. National Day of Service, two
important national events.
Commission Investment Fund (CIF).--The agreement includes
not less than $8,500,000, an increase of $1,000,000 for CIF,
which provides funds to State commissions for training and
technical assistance activities to expand the capacity of
current and potential AmeriCorps programs, particularly in
underserved areas.
Reduced Full Time Service Positions.--The agreement
includes a provision to allow CNCS to establish a new 1,200
hour service position, including a proportional reduction in
the education award.
Institute of Museum and Library Services
Within the total for IMLS, the bill includes funds for the
following activities in the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2018 Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States................................. $160,803,000
Native American Library Services................. 5,063,000
National Leadership: Libraries................... 13,406,000
Laura Bush 21st Century Librarian................ 10,000,000
Museum Services Act:
Museums for America.............................. 22,899,000
Native American/Hawaiian Museum Services......... 1,472,000
National Leadership: Museums..................... 8,113,000
African American History and Culture Act:
Museum Grants for African American History & 2,231,000
Culture.........................................
Research, Analysis, and Data Collection.............. 2,013,000
Program Administration............................... 14,000,000
TOTAL................................................ 240,000,000
------------------------------------------------------------------------
Railroad Retirement Board
The agreement includes $10,000,000 for the implementation
of information technology systems modernization efforts.
Within 180 days of enactment of this Act, the Railroad
Retirement Board is directed to submit a comprehensive update
to the Committees on Appropriations of the House of
Representatives and the Senate on: project status, timelines
to completion, and total cost of development.
Social Security Administration (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
Administrative Funding.--The agreement provides an increase
of $480,000,000 for administrative expenses. Of this amount,
bill language directs $280,000,000 to support SSA's
information technology modernization initiative and directs
$100,000,000, with extended availability, for processing the
backlog of disability hearings within the Office of Hearings
Operations.
Capability Determination Process Improvements.--The
agreement notes the importance of SSA accurately evaluating
an individual's ability to manage--or direct the management
of--his or her Social Security benefits. However, a 2016
study by the National Academies of Sciences, Engineering, and
Medicine, entitled Informing Social Security's Process for
Financial Capability Determination, raised concerns about
SSA's capability determination process, and a 2015 internal
SSA report found that most capability determination decisions
are not adequately developed or documented. The agreement is
encouraged by the steps SSA is taking to improve its
capability determination process and requests a report not
later than 60 days after the enactment of this Act on SSA's
plans to evaluate the effects of these changes.
Disability Case Processing System (DCPS).--The agreement
supports efforts to modernize the case processing systems
used by State Disability Determination Service agencies,
including the DCPS. The SSA is directed to take the necessary
actions that would permit States the ability to select from
all available options in the modernization of their case
processing systems, so long as the selected option has
similar or better functionality as DCPS without imposing
costs that are higher than using DCPS. Such process must be
in conformance with all Federal procurement rules and
information technology security requirements. The agreement
requests a detailed analysis in the fiscal year 2020
Congressional Justification on the actions SSA has taken to
implement this request. The analysis should include a
detailed description of any challenges or legal barriers to
implementing any option to modernize the disability case
processing system.
Field Offices.--The agreement is concerned that SSA may be
reducing resources for field offices and expects SSA to
continue to support frontline operations. In fiscal year
2017, SSA field offices served approximately 42 million
visitors, a five percent increase over fiscal year 2015. The
high volume of visitors, combined with factors such as
complex workloads, shortened public operating hours, and
staff shortages, have led to increased wait times in both
field offices and the National 800 number. SSA is directed to
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate within 90 days of
enactment of this Act outlining its plan for ensuring that
field offices, hearing offices, processing centers, and
teleservice centers are receiving sufficient resources to
maintain at least the current level of constituent services.
Field Office Closures.--There is significant concern about
decisions to close field offices that may not be in
accordance with law, regulations, and SSA procedures. These
critical decisions must comply with Federal law, regulations,
and procedures to account for the impact such actions will
have on the community. The agreement notes that SSA's
Inspector General (IG) is reviewing decisions to close field
offices, including whether SSA followed internal procedures
in proposing consolidation, notifying the public, and
considering feedback from public input. While the IG review
is ongoing, the Acting Commissioner should not make any final
decisions related to field office locations under review.
Further, the agreement encourages SSA to carefully consider
and fully implement any IG recommendations that may result
from such review.
Report on Compassionate Allowances.--The agreement is
concerned about SSA's process for identifying Compassionate
Allowance (CAL) conditions. The GAO issued a report entitled
SSA's Compassionate Allowance Initiative (GAO-17-625), which
found that SSA did not have a formal or systematic approach
for designating certain medical conditions for the CAL
initiative. The agreement directs SSA to submit a report not
later than 60 days after the enactment of this Act describing
the steps that SSA is taking to identify and evaluate new CAL
conditions and to improve the overall management of the
process, including the regular review and use of available
data to assess the accuracy and consistency of CAL decision-
making.
Representative Payee Program.--The agreement recognizes the
importance of providing oversight of the individuals and
organizations serving as representative payees and that the
current oversight structure needs improvement. The agreement
supports efforts to institute a new, stronger system of
oversight through the Federal-State Protection and Advocacy
system. The SSA's current contractor has consistently
underperformed and is not on track to meet the terms of the
contract. In light of the concerns about the existing
vendor's performance, the agreement believes it would be
inappropriate for SSA to extend its current contract beyond
its July 31, 2018 expiration date. Given continued concern
over the administration of the program, SSA should expect
further Congressional oversight of this situation throughout
the coming year.
Ticket to Work Program.--The agreement recognizes that the
purpose of the Ticket to Work Program is to provide the
assistance disabled beneficiaries need to return to work. The
agreement notes that a number of evaluations have been done
on the Ticket to Work Program, including a 2016 SSA IG Report
entitled ``The Ticket to Work Program'' (A-02-17-50203) and
independent evaluations by Mathematica Policy Research. In
lieu of language in Senate Report 115-150, the agreement
directs GAO to submit a report to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate,
and to make such report publicly available. The report shall
address the following: the annual benefit savings associated
with Tickets in use, the annual cost associated with the
Ticket to Work Program (in excess of those that would be made
under the SSA's traditional cost-reimbursement to vocational
rehabilitation agencies, if the Ticket to Work program did
not exist), how these costs and savings compare over time,
and whether the Ticket to Work Program has led to increased
earnings for beneficiaries and, if it is not possible to make
such a determination, the options for a demonstration or
study that would be necessary to make such a determination on
earnings. Finally, GAO is directed to include any benefits
from the Ticket to Work Program that are not captured by the
above cost-savings analysis, whether those benefits are
quantifiable, and to incorporate the views of beneficiary
representatives and other stakeholders in this aspect of the
report.
Vocational Experts.--The agreement notes that the Office of
Hearing Operations (OHO) is developing a solicitation for a
market-
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based approach to acquiring contractors to provide vocational
expert testimony. Prior to issuing a solicitation, the
agreement requests a report on the market research used to
assess the fair and reasonable rate for vocational experts.
The report shall also include an assessment of how the
market-based approach taken by SSA will ensure vocational
experts contracted under the new procurement will have the
training and experience to demonstrate a thorough
understanding of the impact of impairments on functional
abilities, labor market needs, and job placement strategies.
The report should also include SSA's process for measuring
contractor performance and contractor adherence to
requirements on vocational expert qualifications.
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS). The agreement includes $23,000,000 for WIPA and
$7,000,000 for PABSS.
TITLE V
General Provisions
The agreement includes language rescinding various
unobligated balances.-
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DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
The following is an explanation of the effects of Division
I, which makes appropriations for the Legislative Branch for
fiscal year 2018. Unless otherwise noted, reference to the
House and Senate reports are to House Report 115-199 and
Senate Report 115-137. The language included in these reports
should be complied with and carry the same emphasis as the
language included in the explanatory statement, unless
specifically addressed to the contrary in this explanatory
statement. While repeating some report language for emphasis,
this explanatory statement does not intend to negate the
language referred to above unless expressly provided herein.
Security: This agreement provides additional resources to
the United States Capitol Police and the Sergeants at Arms of
both chambers to enhance security for Members of Congress,
their staff, and office visitors. Over the past year there
have been humbling reminders of the threats Members of
Congress and their staff face as public servants. The
Congressional community has also been reminded of the heroic
capabilities of the men and women of the United States
Capitol Police. There is no higher priority in this agreement
than providing adequate resources for the physical security
of Members and their staff as well as constituents and
visitors to the Capitol campus.
Reprogramming Guidelines: It is expected that all agencies
notify the Committees on Appropriations of the House and the
Senate of any significant departures from budget plans
presented to the Committees in any agency's budget
justifications. In particular, agencies funded through this
bill are required to notify the Committees prior to each
reprogramming of funds in excess of the lesser of 10 percent
or $750,000 between programs, projects or activities, or in
excess of $750,000 between object classifications (except for
shifts within the pay categories, object class 11, 12, and 13
or as further specified in each agency's respective section).
This includes cumulative reprogrammings that together total
at least $750,000 from or to a particular program, activity,
or object classification as well as reprogramming FTEs or
funds to create new organizational entities within the agency
or to restructure entities which already exist. The
Committees desire to be notified of reprogramming actions
which involve less than the above-mentioned amounts if such
actions would have the effect of changing an agency's funding
requirements in future years or if programs or projects
specifically cited in the Committee's reports are affected.
Inspectors General Budgets: It is important to ensure
independence between Legislative Branch Inspectors General
(IG) and their respective reporting agencies. Agencies are
directed to include a separate section in their respective
future budget justifications reflecting a detailed budget
request for the agency's IG Office. Additionally, each IG is
directed to keep the Committees on Appropriations of the
House and Senate fully apprised of its funding needs, and
each agency shall not interfere with, or require approval
for, such communications.
TITLE I
SENATE
The agreement includes $919,931,581 for Senate operations.
This item relates solely to the Senate, and is in accordance
with long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention.
The requirements of the report requested pursuant to S.
Rept. 106-304 related to Senate collections is also requested
to include, for all appropriated amounts, the balance of
funds, the amount of prudent reserves, and the status,
timeline, and cost expectations of future projects.
The Secretary of the Senate shall determine the allocations
of the Offices under the Senators' Official Personnel and
Office Expense Account for fiscal year 2018 by updating the
amounts provided under Public Law 111-68 to reflect any
applicable adjustments under Public Law 92-607, Public Law
95-94, and Public Law 90-57.
ADMINISTRATIVE PROVISIONS
The agreement provides for unspent amounts remaining in
Senators' Official Personnel and Office Expense Account to be
used for deficit or debt reduction and authority for transfer
of funds, exempts the Senate from the requirements of 41
U.S.C. 6101, and provides a technical change to the Student
Loan Program.
HOUSE OF REPRESENTATIVES
The agreement includes $1,200,000,766 for House operations.
This item relates solely to the House, and is in accordance
with long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention.
Workplace Rights: This agreement provides $5,000,000 to the
CAO for workplace rights initiatives. The funds will support
mandatory training requirements for all Members and staff
included in House Resolution 630, as well as the
establishment of the Office of Employee Advocacy created in
House Resolution 724. Mandatory training is an important
first step to ensure that every Member, staff, intern, fellow
and detailee is fully aware of the laws that apply to them
and their right to a harassment-free workplace under the
Congressional Accountability Act. The Office of Employee
Advocacy will provide House employees with immediate access
to a dedicated advocate who will provide legal consultation,
representation, and assistance on allegations, claims, and
complaints under the Congressional Accountability Act in
proceedings before the Office of Compliance and Committee on
Ethics.
House Wellness Program: This agreement provides $380,000
for the establishment of a comprehensive House wellness
program.
Internships: The Committee believes that House internships
should be available to the broadest possible pool of
candidates who have the ability and interest to serve. The
Committee intends to seek information on the extent to which
paid internships could expand the pool of candidates and how
such expansion might be implemented to the benefit of Member
and Committee offices and their constituents.
House Child Care Center Expansion: This agreement provides
$12,000,000 for the second phase of the House Child Care
Center expansion. While expanding the center which will
reduce the lengthy waitlist and create more opportunities for
families to utilize the facility, it also provides an
opportunity to examine and evaluate the operations of the
Center. The CAO is encouraged to work with the House Child
Care Center Advisory Board in evaluating current operations
and with the expectation any recommendations be implemented
in conjunction with the full physical expansion of the
Center.
Tom Lantos Human Rights Commission: The Tom Lantos Human
Rights Commission established in 2008 is charged with
promoting, defending and advocating for international human
rights. The Commission undertakes public education
activities, provides expert human rights advice and
encourages Members of Congress to actively engage in human
rights matters. After considering testimony from the co-
chairs of the Commission an additional $200,000 has been made
available to the House Foreign Affairs Committee in order to
provide additional support for the Commission's work.
ADMINISTRATIVE PROVISIONS
The agreement provides for unspent amounts remaining in
Members' Representational Allowances account to be used for
deficit or debt reduction; prohibits the delivery of bills
and resolutions; prohibits the delivery of printed copies of
the Congressional Record; places a limitation on amount
available to lease vehicles; places a limitation on print
copies of the U.S. Code; prohibits delivery of reports of
disbursements, daily calendars, and the Congressional
Pictorial Directory; amends the House Services Revolving
Fund, and repurposes unexpended funds.
JOINT ITEMS
Joint Economic Committee
The agreement includes $4,203,000 for salaries and
expenses.
Joint Committee on Taxation
The agreement includes $11,169,000 for salaries and
expenses.
Office of the Attending Physician
The agreement includes $3,838,000.
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
The agreement includes $1,444,000 for salaries and
expenses.
Capitol Police
SALARIES
The agreement includes $351,700,000 for salaries of the
Capitol Police. The increase includes necessary half year
funds to hire the required officers to staff garage security
and additional pre-screeners; half year funding for 48
civilians that will civilianize positions currently staffed
by sworn officers to allow the department to better utilize
the 48 sworn officers. The total staffing level is expected
to be approximately 1,943 sworn and 420 civilian staff. No
more than $45,000,000 is recommended for overtime in fiscal
year 2018, which includes funds to support the staffing of
the Thomas P. O'Neill House Office Building. This provides
for approximately 702,280 hours of additional duty.
Security: The agreement includes $7,500,000 to enhance
Member protection, including funds for increased training,
equipment and technology-related support items. The men and
women of the Capitol Police have an increasingly difficult
mission of protecting Members of Congress and the overall
Capitol complex. Their mission can, at times, put them in
harm's way. Ensuring these officers have the best tools and
resources to carry out their duties is of the upmost
importance to Congress.
Use of Grounds: Congress understands the need to maintain
safety and order on the Capitol grounds and the Capitol
Police is commended for their efforts. Given the family-style
neighborhood that the Capitol shares with the surrounding
community the Committee continues to instruct the Capitol
Police to forebear enforcement of 2 U.S.C. 1963 (``an act to
protect the public property, turf, and grass of the Capitol
Grounds from injury'') and the Traffic Regulations for the
United States Capitol Grounds when encountering snow sledders
on the grounds.
USCP Office of Inspector General: The agreement includes
funds to support not less than six FTEs within the USCP
Office of Inspector General.
GENERAL EXPENSES
The agreement includes $74,800,000 for general expenses of
the Capitol Police.
Office of Compliance
SALARIES AND EXPENSES
The agreement includes $4,959,000 for salaries and
expenses. An increase of $1,000,000 is
[[Page H2785]]
provided for training and information technology
enhancements.
Reform: Ensuring and protecting workplace rights of
employees is imperative and the funds provided in this act
support that effort. Processes to protect workplace rights
have been in place for many years but they are not perfect.
As Congress considers changes to the Congressional
Accountability Act of 1995, which will impact the Office of
Compliance's operations, there is a need to strengthen the
agency's overall capacity, including the quality of its
training and information technology processes.
Congressional Budget Office
SALARIES AND EXPENSES
The agreement includes $49,945,000 for salaries and
expenses.
Transparency: The Congressional Budget Office (CBO)
provides timely, nonpartisan budgetary and economic analysis
to support the work of the Congress and its reports and
analysis can have far reaching policy implications. The
Congress expects CBO to ensure a high level of transparency,
while also recognizing the importance of maintaining the
agency's professional independence and respecting its
analytical processes. There is support for the work that CBO
has done in the area of transparency thus far as well as
support for the agency's goals to continue to clearly present
and explain the methodology and results of CBO's analysis
while pursuing opportunities to further enhance transparency.
This includes exploring ways to make more supporting
documents publicly available for methods used in analysis,
cost estimates, and forecasts.
ADMINISTRATIVE PROVISION
This agreement provides contract parity with the Executive
Branch.
Architect of the Capitol
The agreement includes $712,105,000 for the activities of
the Architect of the Capitol (AOC).
Office of Inspector General: The AOC IG must maintain a
staffing level commensurate with the scale of AOC's vast
portfolio of operations, construction, and contract
oversight. Within funds provided, the AOC IG is directed to
employ not fewer than 14 full-time equivalent positions
during fiscal year 2018. The AOC is directed to ensure that
sufficient funding is available for contracts and other
expenses identified by the AOC IG to fulfill its mission.
Custodial Services: The AOC is directed to study the
feasibility of consolidating custodial services for all AOC
jurisdictions across the Capitol Campus and geographically
separated facilities to include leased buildings. The
elements of this study should include opportunities and cost
savings derived from a shared contract approach within the
existing AOC custodial service(s) approaches using in-house
operations and/or contractors. The consolidation of future
custodial services with the current maintenance and repair
services provided by the AOC should support the desired
outcome of sustaining and preserving the historic fabric as
well as the building materials and architectural
accouterments through industry standard cleaning practices
that will also reduce the life cycle costs for maintenance
and repair for the AOC. The results of this study should be
delivered to the Committees on Appropriations of the House
and Senate within 180 days of enactment.
Capital Construction and Operations
The agreement includes $93,478,000 for Capital Construction
and Operations.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.......................................... $93,478,000
Total, Capital Construction and Operations................. $93,478,000
------------------------------------------------------------------------
Capitol Building
The agreement includes $45,300,000, for maintenance, care,
and operation of the Capitol, of which $19,458,000 shall
remain available until September 30, 2022.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.......................................... $25,842,000
Project Budget:
Exterior Stone & Metal Preservation, West Facade, Phase 12,125,000
IV....................................................
Kitchen and Exhaust Renovation......................... 1,734,000
Conservation of Fine and Architectural Art............. 599,000
Minor Construction..................................... 5,000,000
------------
19,458,000
Total, Capitol Building............................ $45,300,000
------------------------------------------------------------------------
Capitol Grounds
The agreement includes $13,333,000 for the care and
improvements of the grounds surrounding the Capitol, House
and Senate office buildings, and the Capitol Power Plant, of
which $3,195,000 shall remain available until September 30,
2022.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.......................................... $10,138,000
Project Budget:
Capitol Square Infrastructure Repair................... 1,195,000
Minor Construction..................................... 2,000,000
------------
3,195,000
Total, Capitol Grounds............................. $13,333,000
------------------------------------------------------------------------
Senate Office Buildings
The agreement includes $101,614,000 for the maintenance,
care and operation of the Senate office buildings, of which
$38,937,000 shall remain available until September 30, 2022.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $62,677,000
Project Budget:
Senate Underground Garage Renovations and 34,607,000
Landscaping Restoration, Phase III..............
Building Engineering and Safety Parameters....... 330,000
Minor Construction............................... 4,000,000
------------------
38,937,000
Total, Senate Office Buildings............... $101,614,000
------------------------------------------------------------------------
This item relates solely to the Senate and is in accordance
with long practice under which each body determines its own
housekeeping requirements, and the other concurs without
intervention.
House Office Buildings
The agreement includes $207,294,000 for the care and
maintenance of the House Office Buildings, of which
$135,130,000 shall remain available until September 30, 2022
and $62,000,000 shall remain available until expended.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $62,164,000
Project Budget:
Garage Rehabilitation, Phase III, RHOB........... 31,056,000
Garage Rehabilitation, Plaza Waterproofing 3,414,000
Restoration, West...............................
Child Care Center Expansion...................... 12,000,000
Security Improvements............................ 17,000,000
CAO Project Support.............................. 3,660,000
Restoration & Renovation, CHOB................... 62,000,000
Minor Construction............................... 6,000,000
------------------
135,130,000
House Office Buildings (base program)................ $197,294,000
House Historic Buildings Revitalization Trust 10,000,000
Fund............................................
Total, House Office Buildings........................ $207,294,000
------------------------------------------------------------------------
This item relates solely to the House and is in accordance
with long practice under which each body determines its own
housekeeping requirements, and the other concurs without
intervention.
CAPITOL POWER PLANT
In addition to the $9,000,000 made available from receipts
credited as reimbursements to this appropriation, the
agreement includes $106,694,000 for maintenance, care and
operation of the Capitol Power Plant, of which $28,057,000
shall remain available until September 30, 2022.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $87,637,000
Project Budget:
WRP Cooling Tower Renovation and Electrical 19,190,000
Upgrade, Phase IIIA.............................
City Water Piping Replacement.................... 2,886,000
Boiler Feedwater Piping Replacement.............. 1,017,000
Cogeneration Management Program.................. 964,000
Minor Construction............................... 4,000,000
------------------
28,057,000
Subtotal, Capitol Power Plant........................ $115,694,000
Offsetting Collections................... (9,000,000)
------------------
Total, Capitol Power Plant........................... $106,694,000
------------------------------------------------------------------------
LIBRARY BUILDINGS AND GROUNDS
The agreement includes $74,873,000 for Library of Congress
buildings and grounds, of which $47,500,000 shall remain
available until September 30, 2022.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $27,373,000
Project Budget:
Collection Storage Module 6, Fort Meade.......... 45,000,000
Minor Construction............................... 2,500,000
------------------
47,500,000
Total, Library Buildings and Grounds................. $74,873,000
------------------------------------------------------------------------
CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY
The agreement includes $34,249,000 for Capitol Police
Buildings, Grounds, and Security, of which $13,300,000 shall
remain available until September 30, 2022.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $20,949,000
Project Budget:
Barrier Lifecycle and Perimeter Security Kiosk 8,300,000
Replacement, Phase II...........................
Minor Construction............................... 5,000,000
------------------
13,300,000
Total, Capitol Police Buildings, Grounds, and $34,249,000
Security............................................
------------------------------------------------------------------------
BOTANIC GARDEN
The agreement includes $13,800,000 for salaries and
expenses for the Botanic Garden, of which $3,000,000 shall
remain available until September 30, 2022.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $10,800,000
Project Budget:
Urban Agriculture................................ 400,000
Minor Construction............................... 2,600,000
------------------
3,000,000
Total, Botanic Garden................................ $13,800,000
------------------------------------------------------------------------
Urban Agriculture: This agreement includes $400,000 for the
Botanic Garden to expand its urban agriculture education and
outreach programs including a feasibility study and pilot
project for a joint outreach program between the Botanic
Garden and urban local public gardens that engages citizens
in food-insecure, undernourished communities in the
production of nutrition-rich, healthy foods, and which
includes educational, job training, and therapeutic
horticultural and agricultural components.
CAPITOL VISITOR CENTER
The agreement includes $21,470,000 for the Capitol Visitor
Center.
ADMINISTRATIVE PROVISIONS
The agreement prohibits payments of bonuses to contractors
behind schedule or over
[[Page H2786]]
budget; and prohibits expenditure of funds for scrims for
projects performed by the Architect of the Capitol.
library of congress
salaries and expenses
The agreement includes $470,667,000 in direct
appropriations and authority to spend receipts of $6,350,000.
This amount includes $9,494,000 for Enterprise Investment
in Information Technology Modernization, $297,000 for Office
of Inspector General Expanded Information Technology Audit
Capabilities, $2,349,000 for the Veterans History Project and
$8,653,000 for the Teaching with Primary Sources program. The
increased funding in the agreement provides requested funding
for maintaining the workforce, information technology, and
custodial services.
Thomas Jefferson Building Experience: The recently revealed
Visitor Experience Plan for the Library of Congress' Thomas
Jefferson Building is an initiative that has support in
Congress. The proposed concept will enhance the Library's
ability to bring the nation's collections and history out of
the vaults and into public spaces. With enhancements to
exhibition spaces and development of learning centers, the
Library can maximize the experience for its nearly two
million annual visitors. The proposed funding for this
initiative involves a public/private partnership, which has
been a successful strategy for many similar institutions'
efforts to showcase our nation's treasures. This agreement
includes a total of $10,000,000, for enhancements to the
public exhibits and visitor services at the Library. Of that
amount, $2,000,000 is immediately available until September
30, 2020 to begin planning, including developing a detailed
budget justification. The budget justification shall provide
the following: 1) An overall acquisition plan with project
timelines; 2) Direct and indirect cost estimates developed in
conjunction with the Architect of the Capitol; 3) Projected
financial impact of this capital project on the Library's
operating budget; 4) Total cost estimates for: design
services; construction; construction management services;
project management services; and a contingency allowance. The
plan should also ensure consideration of historic
preservation. The remaining $8,000,000 will become available
only upon written approval by the Chair and Ranking Member of
the Subcommittee on the Legislative Branch of the Committee
on Appropriations of the House of Representatives and by the
Chair and Ranking Member of the Subcommittee on the
Legislative Branch of the Committee on Appropriations of the
Senate, following review of the project's budget
justification and cost estimate. It is expected that the
Library provide to the Committees on Appropriations of the
House and Senate a budget justification that is comprehensive
in nature and includes elements consistent with other project
justifications in the past, prior to consideration of future
funding requests for this project.
Memoranda of Understanding (MOU): The Library of Congress
maintains several agreements with other Legislative Branch
agencies to provide a range of support services. It is
important that the Library works to ensure that the service
level agreements within the MOUs are fully met.
Preservation: The agreement defers to the Senate report
language.
National Film and Sound Recording Preservation Programs:
The agreement incorporates language in Senate Report 115-137
related to the Library's National Film and Sound Recording
Preservation Programs, and it is expected that the Library
will provide full support to these programs.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
The agreement includes $28,446,000 in direct appropriations
to the Copyright Office which fully funds the agency's
amended request. An additional $41,305,000 is made available
from receipts for salaries and expenses and $2,260,000 is
available from prior year unobligated balances.
Modernization: Modernizing the Copyright Office and
bringing its processes into the 21st Century has wide-spread
support within Congress, and this act provides funds to
further that effort. To date, the collaboration between the
Copyright Office and the Library's Office of Chief
Information Officer on modernization efforts has been
promising. That collaboration is expected to continue, while
allowing for mission-specific modernization requirements to
be defined by the Copyright Office. As with many information
technology (IT) projects there are many phases, some forward
facing, some not. Much of the IT modernization work to date
has been behind the scenes building a strong foundation for
the long-term IT modernization strategy. However, there is an
expectation that external Copyright users will begin to see
and benefit from the progress being made. As new modernized
processes are rolled out it is important to solicit feedback
from the external Copyright community and to consider that
feedback with efforts moving forward.
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
The agreement includes $119,279,000 for salaries and
expenses.
Public Access to CRS Reports: The bill includes a provision
directing the Library of Congress's Congressional Research
Service (CRS) to make available to the public all non-
confidential CRS products on a website operated and
maintained by the Library of Congress. Non-confidential CRS
products include any written CRS products containing research
or analysis that are currently available for general
congressional access on the CRS Congressional Intranet, or
that would be made available on the CRS Congressional
Intranet in the normal course of business. Non-confidential
CRS reports do not include material prepared in response to
Congressional requests for confidential analysis or research.
The published products are to be made available in a standard
format, such as PDF.
CRS reports are funded by taxpayers and should be made
available to citizens, schools and libraries across the
country. Ensuring these products are made publicly available
is in keeping with the Committees' priority of full
transparency to the American people; however, CRS is not
expected or directed to respond to requests from the public,
and its core mission will continue to be to provide support
to the Congress. Within 60 days of enactment of this act CRS,
in consultation with the Library of Congress, shall provide
to the relevant oversight Committees, including the House and
Senate Appropriations Committees, a plan for making these
reports available by the end of Fiscal Year 2018, as well as
any associated cost estimates.
Congressional Research Service Modernization: Included in
the agreement is $4,000,000 to begin modernization of CRS's
mission-specific information systems to increase efficiency
of the office while protecting confidentiality of
congressional data.
Supporting Areas of High Congressional Demand: The
agreement includes $753,000 for eight additional support
staff to handle routine requests, allowing senior staff to
focus on more highly analytical research.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
The agreement includes $51,498,000 for salaries and
expenses.
National Library Service: The National Library Service for
the Blind and Physically Handicapped (NLS) has been
headquartered for over 50 years in a privately leased
building in Northwest, Washington, D.C. which is in need of
substantial renovations to meet program requirements. Library
of Congress and NLS leadership have expressed a desire to
move the headquarters closer to the Library's main campus.
NLS believes being in closer proximity to the Library will
improve management efficiencies by integrating into existing
Library infrastructure, reduce support service costs, reduce
lease costs, and enhance various program synergies. Available
office space exists at the Government Publishing Office (GPO)
to meet NLS's needs. NLS, GPO, and the Architect of the
Capitol are directed to study the feasibility of this move
and provide cost estimates to their committees of oversight.
ADMINISTRATIVE PROVISIONS
The agreement includes provisions regarding reimbursable
and revolving funds, updates to revolving fund returns to
allow the Library of Congress to accept fees for services
currently provided, allowing the Library of Congress to
accept gifts of goods and services, providing coverage for
Library of Congress employees under the Congressional
Accountability Act, and providing equal access to non-
confidential Congressional Research Service products.
GOVERNMENT PUBLISHING OFFICE
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $79,528,000 for authorized
publishing, printing and binding for the Congress.
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $29,000,000.
GOVERNMENT PUBLISHING OFFICE
BUSINESS OPERATIONS REVOLVING FUND
The agreement includes $8,540,000.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
The agreement includes $578,916,653 in direct
appropriations for salaries and expenses of the Government
Accountability Office (GAO). In addition, $23,800,000 is
available from offsetting collections. The agreement provides
$6,000,000 for information technology projects and $4,000,000
for facility management and services projects. The agreement
also provides for statutory authority related to property
management.
Inspector General Reports: With the creation of
Oversight.gov, which compiles non-confidential Inspector
General (IG) reports from agencies across the Federal
Government, the agreement no longer requires the report
requested in Senate Report 115-137 and House Report 115-199
for GAO to examine the availability of such reports by
individual IG offices.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
The agreement includes $5,600,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
The agreement includes $430,000.
TITLE II--GENERAL PROVISIONS
The agreement continues provisions related to maintenance
and care of private vehicles; fiscal year limitations; rates
of compensation and designation; consulting services; costs
of the LBFMC; limitation on transfers; and guided tours of
the Capitol.
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DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
The following is an explanation of the effects of Division
J, which makes appropriations for Military Construction,
Veterans Affairs, and Related Agencies for fiscal year 2018.
Unless otherwise noted, reference to the House and Senate
reports are to House Report 115-188 and Senate Report 115-
130. The language set forth in House Report 115-188 and
Senate Report 115-130 should be complied with and carry the
same emphasis as the language included in the joint
explanatory statement, unless specifically addressed to the
contrary in this joint explanatory statement. While repeating
some report language for emphasis, this joint explanatory
statement does not intend to negate the language referred to
above unless expressly provided herein. In cases in which the
House or the Senate has directed the submission of a report,
such report is to be submitted to both Houses of Congress.
House or Senate reporting requirements with deadlines prior
to, or within 15 days after enactment of this Act shall be
submitted no later than 60 days after enactment of this Act.
All other reporting deadlines not specifically directed by
this joint explanatory statement are to be met.
TITLE I
DEPARTMENT OF DEFENSE
Bid Savings.--Cost variation notices required by 10 U.S.C.
2853 continue to demonstrate the Department of Defense
continues to have bid savings on previously appropriated
military construction projects. Therefore, the agreement
includes rescissions to the NATO Security Investment Program
and Army Family Housing Construction accounts. The Secretary
of Defense is directed to continue to submit 1002 reports on
military construction bid savings at the end of each fiscal
quarter to the Committees.
Naval Shipyard Modernization.--On February 12, 2018 the
Secretary of the Navy transmitted a Shipyard Infrastructure
Optimization Plan as directed by Senate Report 115-130
accompanying the fiscal year 2018 Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act.
The report seeks to, among other requirements, assess
existing facilities for efficiencies and address future
infrastructure requirements at public shipyards and includes
a master plan for each shipyard, including, but not limited
to, capital equipment and facility investment requirements.
These first steps taken by the Department of the Navy to
identify gaps are important and the Secretary of the Navy is
urged to adequately prioritize public shipyard
infrastructure, in particular dry dock and shore
infrastructure needs to support critical maintenance of
surface and submarine fleets.
Coastal Erosion and Sea-Level Rise.--Sea level rise and
flooding on facilities, particularly at DOD's coastal
military installations, both in the United States and
overseas continue to have harmful impacts. In a report to
Congress in January 2018 regarding the security implications
of climate-related risks, the Department noted it had
conducted a preliminary screening-level assessment to
determine installation vulnerabilities to climate-related
security risks with the goal of identifying serious
vulnerabilities and developing necessary adaptation
strategies. The report identified numerous installations that
experienced climate-related effects affecting, among others,
airfield operations, transportation, and energy
infrastructure, as well as training facilities. However, the
Department has not developed a comprehensive adaptation
approach, nor has it provided estimated costs associated with
implementing such a strategy. Therefore, the Comptroller
General is directed to undertake a study of DOD's progress in
developing a means to account for potentially damaging
weather in project design, and to report to the Committees on
Appropriations of both Houses of Congress no later than 180
days after enactment of this Act. At a minimum, the
Comptroller General should answer the following questions:
(1) What is known about the historical and projected costs
for facilities maintenance and repair beyond expected repair
costs of DOD infrastructure stemming from damage or
degradation caused by sea level rise and weather effects
associated with climate change; (2) What best practices has
DOD adopted for incorporating climate change adaptation into
the design of military construction or facilities
sustainment, restoration, or modernization projects; and (3)
To what extent has DOD developed a systematic process for
ensuring climate change or severe weather effects are
accounted for in the design of military construction and
facilities sustainment, modernization, or restoration
projects.
MILITARY CONSTRUCTION, ARMY
The agreement provides $923,994,000 for Military
Construction, Army. Within this amount, the agreement
provides $101,470,000 for study, planning, design, architect
and engineer services, and host nation support. The agreement
also provides an additional $10,000,000 to supplement
unspecified minor military construction.
Sunflower Army Ammunition Plant.--The U.S. Army is
currently managing the environmental remediation of the
Sunflower Army Ammunition Plant (SFAAP) property in excess of
9,000 acres in DeSoto, Kansas, which was conveyed to
Sunflower Redevelopment, LLC (SRL) through the Army and the
General Services Administration on August 3, 2005. Ten years
after the conveyance, on October 29, 2015, the Army
reinforced its responsibility in writing, ``the Army is
committed to programming the necessary resources to carry out
a long-term clean-up and has, for execution in fiscal year
2016, awarded several services contracts for the short-term
requirements.'' The Army further wrote it would ``issue
competitively sourced clean-up contracts, with Army oversight
to ensure its Comprehensive Environmental Response,
Compensation, and Liabilities Act (CERCLA) Sec. 120(h)
obligation at Sunflower.'' The Army confirmed its intention
``to conduct in-depth coordination with Sunflower
Redevelopment, LLC (SRL) to ensure SRL's redevelopment
priorities are synchronized with the Army managed clean-up
activities.'' However, the Army has neglected to communicate
regularly with SRL and far less than the in-depth
coordination commitment made by the Army. The Army is
conducting ongoing risk assessments of contaminated portions
of SFAAP and is directed to work in consultation and
coordination with SRL to ensure transparency. The findings
and recommendations of such assessments should receive
approval from State and Federal regulators regarding
allowable levels of contaminants including, but not limited
to, pesticides, asbestos or other contaminants subject to
remediation for commercial use of the property. The Secretary
of the Army is directed to deliver the assessment and brief
the Committees on Appropriations of both Houses of Congress
on its findings and to provide a plan that ensures SRL's
redevelopment priorities are synchronized with Army managed
cleanup activities.
Badger Army Ammunition Plant.--In 2011, an Army Feasibility
Study concluded that an offsite drinking water treatment
system was needed as part of a comprehensive groundwater
cleanup remedy for the former Badger Army Ammunition Plant
(BAAP). Accordingly, in 2015, the Town of Merrimac,
Wisconsin, designed and approved a sanitation district
required by the Army to support such a system, and as
recently as May 2016, the Army noted in writing that ``design
of the municipal drinking water system has been initiated.''
Recently, however, the Army reversed its plans to construct
and operate the drinking water system. This decision, its
potential to delay the provision of clean drinking water to
homes near the site, and the Army's lack of public
communication regarding the decision is concerning.
Therefore, the Army is directed to conduct required human
health risk assessments expeditiously, and if needed, use
expedited contracting authorities. Additionally, the Army
should hold regular public meetings to update and engage with
local stakeholders and integrate local priorities in its
remediation plans. Furthermore, within 90 days of enactment
of this Act, the Secretary of the Army shall submit to the
Committees on Appropriations of both Houses of Congress a
report and provide a corresponding briefing regarding the
Army's rationale and process for approving plans to construct
and operate a drinking water system and its subsequent
decision to terminate such plans, as well as the Army's
completed and planned actions for environmental restoration
at the site.
Conveyance of property.--The Army is proposing to convey
17.1 acres of land known as Shenandoah Square and the 126
existing housing units to raise capital to improve other
military housing owned by private entities. Under the
proposed action, the existing 126 housing units would be
demolished to allow for the construction of high-density
residential housing. The residents have expressed concern
about the displacement from Shenandoah Square as it is in one
of the most expensive housing markets in the country and the
uncertainty about the affordability of new potential housing
on the site. Therefore, the Department of the Army is urged
to explore all possible alternatives to a conveyance of
Shenandoah Square, including a sublease of the property to an
entity that can better develop affordable housing on the
property.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $1,553,275,000 for Military
Construction, Navy and Marine Corps. Within this amount, the
agreement provides $219,069,000 for study, planning, design,
architect and engineer services. The agreement also provides
an additional $10,000,000 to supplement unspecified minor
military construction.
Marine Corps fire stations.--The Marine Corps has been
neglecting fire station new construction and renovation over
the years and funding for military construction of new
stations has been deferred to the out years of budget
submissions. Many of the fire stations are deteriorating and
antiquated, creating significant life, safety, and health
concerns. Therefore, the Secretary of the Navy is directed to
prioritize funding for fire stations in a much timelier
manner and submit to the congressional defense committees a
list of how those requirements will be incorporated into
their construction requests for the out years. Fire stations
are valuable assets that should be maintained in a manner
that will ensure appropriate response time and their vital
role in protecting U.S. national security assets on military
installations.
MILITARY CONSTRUCTION, AIR FORCE
The agreement provides $1,543,558,000 for Military
Construction, Air Force. Within this amount, the agreement
provides $97,852,000 for study, planning, design, architect
and engineer services. The agreement
[[Page H2801]]
also provides an additional $10,000,000 to supplement
unspecified minor military construction.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,811,513,000 for Military
Construction, Defense-Wide. Within this amount, the agreement
provides $210,717,000 for study, planning, design, architect
and engineer services, an increase of $35,000,000. The
agreement also provides an additional $10,000,000 to
supplement unspecified minor military construction.
Army Corps of Engineers projects within the Defense Health
Agency.--The Army Corps of Engineers (the Corps) has an
extremely large portfolio including executing Defense Health
Agency (DHA) construction projects. There is great concern
for cost overruns and poor execution of Corps projects. The
Corps currently has 45 active DHA construction projects
underway worldwide where there is a definitive need for
effective and efficient project management. Therefore, the
Acting Director of the Facilities Division within DHA is
directed to provide quarterly reports to the congressional
defense committees on the progress of all hospital
construction projects to include any settlements that have
been reached for contractor error or project management
deficiencies.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The agreement provides $220,652,000 for Military
Construction, Army National Guard. Within this amount, the
agreement provides $16,271,000 for study, planning, design,
architect and engineer services. The agreement also provides
an additional $10,000,000 to supplement unspecified minor
military construction.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The agreement provides $171,491,000 for Military
Construction, Air National Guard. Within this amount, the
agreement provides $18,000,000 for study, planning, design,
architect and engineer services. The agreement also provides
an additional $10,000,000 to supplement unspecified minor
military construction.
MILITARY CONSTRUCTION, ARMY RESERVE
The agreement provides $83,712,000 for Military
Construction, Army Reserve. Within this amount, the agreement
provides $6,887,000 for study, planning, design, architect
and engineer services. The agreement also provides an
additional $10,000,000 to supplement unspecified minor
military construction.
MILITARY CONSTRUCTION, NAVY RESERVE
The agreement provides $95,271,000 for Military
Construction, Navy Reserve. Within this amount, the agreement
provides $24,430,000 for study, planning, design, architect
and engineer services, an increase of $20,000,000. The
agreement also provides an additional $10,000,000 to
supplement unspecified minor military construction.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The agreement provides $73,535,000 for Military
Construction, Air Force Reserve. Within this amount, the
agreement provides $4,725,000 for study, planning, design,
architect and engineer services. The agreement also provides
an additional $10,000,000 to supplement unspecified minor
military construction.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The agreement provides $177,932,000 for the North Atlantic
Treaty Organization Security Investment Program, an increase
of $23,932,000.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
The agreement provides $310,000,000 for the Department of
Defense Base Closure Account, an increase of $54,133,000
above the request. The additional funding is for the
Department to accelerate environmental remediation at
installations closed under previous Base Realignment and
Closure rounds.
Accelerated cleanup.--The agreement includes additional
funding to accelerate environmental remediation at
installations closed during previous Base Realignment and
Closure (BRAC) rounds. Priority should be given to those
sites with newly identified radiological cleanup cost. There
are many factors hindering the cleanup of BRAC sites.
However, strategic investments can lead to quicker clean-ups
and faster turnover of DOD property to the local community.
Therefore, the Department is directed to submit to the
congressional defense committees a spend plan for the
additional BRAC funds not later than 30 days after enactment
of this Act.
Perfluorinated chemicals.--Perfluorinated chemical (PFC)
contaminants linked to a firefighting agent formerly used by
the DOD have been identified in water systems near military
installations closed during previous Base Realignment and
Closure (BRAC) rounds. Identification, testing, response, and
prevention activities are ongoing and will require
significant attention in future budget requests. Therefore,
the Secretary of the Air Force is urged to prioritize PFC-
contaminated sites when considering BRAC cleanup project
funding requested through this account and to move forwards
with short- and long-term remediation efforts as
expeditiously as possible.
DEPARTMENT OF DEFENSE
Family Housing
FAMILY HOUSING CONSTRUCTION, ARMY
The agreement provides $182,662,000 for Family Housing
Construction, Army.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The agreement provides $348,907,000 for Family Housing
Operation and Maintenance, Army.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $83,682,000 for Family Housing
Construction, Navy and Marine Corps.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The agreement provides $328,282,000 for Family Housing
Operation and Maintenance, Navy and Marine Corps.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The agreement provides $85,062,000 for Family Housing
Construction, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $318,324,000 for Family Housing
Operation and Maintenance, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $59,169,000 for Family Housing
Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE
FAMILY HOUSING IMPROVEMENT FUND
The agreement provides $2,726,000 for the Department of
Defense Family Housing Improvement Fund.
DEPARTMENT OF DEFENSE
MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
The agreement provides $623,000 for the Department of
Defense Military Unaccompanied Housing Improvement Fund.
ADMINISTRATIVE PROVISIONS
(Including Transfers and Rescissions of Funds)
The agreement includes section 101 limiting the use of
funds under a cost-plus-a-fixed-fee contract.
The agreement includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The agreement includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The agreement includes section 104 prohibiting construction
of new bases in the United States without a specific
appropriation.
The agreement includes section 105 limiting the use of
funds for the purchase of land or land easements that exceed
100 percent of the value.
The agreement includes section 106 prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The agreement includes section 107 limiting the use of
minor construction funds to transfer or relocate activities.
The agreement includes section 108 prohibiting the
procurement of steel unless American producers, fabricators,
and manufacturers have been allowed to compete.
The agreement includes section 109 prohibiting the use of
construction or family housing funds to pay real property
taxes in any foreign nation.
The agreement includes section 110 prohibiting the use of
funds to initiate a new installation overseas without prior
notification.
The agreement includes section 111 establishing a
preference for American architectural and engineering
services for overseas projects.
The agreement includes section 112 establishing a
preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll and in countries bordering the Arabian Gulf.
The agreement includes section 113 requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The agreement includes section 114 allowing funds
appropriated in prior years for new projects authorized
during the current session of Congress.
The agreement includes section 115 allowing the use of
expired or lapsed funds to pay the cost of supervision for
any project being completed with lapsed funds.
The agreement includes section 116 allowing military
construction funds to be available for five years.
The agreement includes section 117 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Program.
The agreement includes section 118 allowing transfers to
the Homeowners Assistance Fund.
The agreement includes section 119 limiting the source of
operation and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The provision also requires an annual report on the
expenditures of each quarters.
The agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The agreement includes section 121 allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The agreement includes section 122 restricting the
obligation of funds for relocating an Army unit that performs
a testing mission.
[[Page H2802]]
The agreement includes section 123 allowing for the
reprogramming of construction funds among projects and
activities subject to certain criteria.
The agreement includes section 124 prohibiting the
obligation or expenditure of funds provided to the Department
of Defense for military construction for projects at
Arlington National Cemetery.
The agreement includes section 125 providing additional
planning and design and construction funds for various
Military Construction accounts.
The agreement includes section 126 rescinding funds from
prior Appropriation Acts from various accounts.
The agreement includes section 127 defining the
congressional defense committees.
The agreement includes section 128 prohibiting the use of
funds in this Act to close or realign Naval Station
Guantanamo Bay, Cuba. The provision is intended to prevent
the closure or realignment of the installation out of the
possession of the United States, and maintain the Naval
Station's long-standing regional security and migrant
operations missions.
The agreement includes section 129 restricting funds in the
Act to be used to consolidate or relocate any element of Air
Force Rapid Engineer Deployable Heavy Operational Repair
Squadron Engineer until certain conditions are met.
The agreement includes section 130 directing all amounts
appropriated to ``Military Construction, Defense-Wide'' be
immediately available and allotted for the full scope of
authorized projects.
The agreement include section 131 providing additional
funding for Defense Access Roads.
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TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Compensation and Pensions
(including transfer of funds)
The agreement provides $95,768,462,000 for Compensation and
Pensions in advance for fiscal year 2019. Of the amount
provided, not more than $17,882,000 is to be transferred to
General Operating Expenses, Veterans Benefits Administration
(VBA) and Information Technology Systems for reimbursement of
necessary expenses in implementing provisions of title 38.
READJUSTMENT BENEFITS
The agreement provides $11,832,175,000 for Readjustment
Benefits in advance for fiscal year 2019.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $109,090,000 for Veterans Insurance
and Indemnities in advance for fiscal year 2019, as well as
an additional $12,439,000 for fiscal year 2018.
VETERANS HOUSING BENEFIT PROGRAM FUND
The agreement provides such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The agreement limits
obligations for direct loans to not more than $500,000 and
provides that $178,626,000 shall be available for
administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $30,000 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account,
plus $395,000 to be paid to the appropriation for General
Operating Expenses, Veterans Benefits Administration. The
agreement provides for a direct loan limitation of
$2,356,000.
As indicated in the House report, the Secretary is directed
to provide the Committees on Appropriations of both Houses of
Congress (``the Committees''') options to support greater
utilization of the Home Loan Program in locations with a
large veteran population and competitive housing markets.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $1,163,000 for administrative
expenses of the Native American Veteran Housing Loan Program
Account.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $2,910,000,000 for General Operating
Expenses, Veterans Benefits Administration and makes
available not to exceed 10 percent of this funding until the
end of fiscal year 2019. The agreement provides $66,000,000
above the request and intends that the increase be used for
the Veterans Claims Intake Program; additional claims and
appellate staff; increased staff for the Vocational
Rehabilitation and Employment program; and overtime payments,
as necessary.
Equitable relief.--As described in the House report, the
Secretary is directed to continue to grant or extend
equitable relief to eligible veterans initially deemed
eligible in instances of administrative error.
Compensation claims for Camp Lejeune contaminated water
veterans.--There is concern regarding the lack of consistency
in the Department's handling of disability compensation
claims for veterans, former reservists, and former National
Guard members who served at Marine Corps Base Camp Lejeune
for no less than 30 days (consecutive or nonconsecutive)
between August 1, 1953 and December 31, 1987. VA established
a presumption of service connection for eight diseases
associated with exposure to contaminants in the water supply
at Camp Lejeune during that period. The Department made the
decision to subject nonpresumptive Camp Lejeune Contaminated
Water (CLCW) exposure claims to a higher level of scrutiny
than is applied to other exposure claims and did so without
providing notice or an opportunity for public comment. In
addition, no other toxic exposure claims require a positive
medical opinion to warrant service connection. The
evidentiary burden VA requires for CLCW nonpresumptive
exposure claims is significantly greater than the standard
used for Agent Orange or any other exposure claims.
Furthermore, there currently exists a wealth of ``competent
medical evidence'' specific to diseases related to exposure
to contaminated water at Camp Lejeune, as published by the
Agency for Toxic Substances and Disease Registry (ATSDR), the
Institute of Medicine (IoM), and other government-sanctioned
medical experts. Nevertheless, the Department's same Clinical
Subject Matter Experts (SMEs), who provide medical opinions,
have routinely rejected ATSDR and IoM's findings without
providing any justification or explanation for doing so.
The Department is directed to conduct a Special Focus
Review for the CLCW claims process and submit the results of
the review to the Committees no later than 180 days after
enactment of this Act. The report should also address the
lack of consistency for CLCW claims as compared to other non-
presumptive and exposure claims, as well as answer the
following questions: (1) Why did the Department determine it
was necessary to ``create a process that fell outside of the
traditional Compensation and Pension (C&P) examination
process''' for Camp Lejeune exposure claims? (2) The
Department has stated that ``SMEs are required to be familiar
with the study of Environmental & Occupational Medicine and
Toxicology due to the specialized nature of these claims.''
(a) Explain what the Department means by ``the specialized
nature of these claims.'' (b) Explain how and why this
process differs from the C&P examination process for Agent
Orange or other exposure claims. (c) What are the
educational, practical, or other requirements that a VHA
employee must meet in order to qualify as a ``Subject Matter
Expert'' who can adjudicate Camp Lejeune Contaminated Water
claims? (3) What justification did the Department use to
require a positive medical opinion to warrant service
connection for every single non-presumptive claim for CLCW
veterans? (a) What evidence is there to demonstrate the
necessity of establishing such a process? (b) What evidence
is there to demonstrate the impact that such extraordinary
evidentiary requirements have had on the processing of CLCW
exposure claims? (4) What percentage of non-presumptive
claims (VA wide) are currently referred to VHA Clinical SMEs
for a medical opinion? (5) Why does the Department require an
evidentiary standard greater than ``competent medical
evidence'' for CLCW claims? (6) Does the Department consider
the ATSDR and IoM reports on diseases associated with
exposure to contaminated water at Camp Lejeune to be
``competent medical evidence?'' (a) If so, why has the
Department refused to accept these findings as sufficient
medical evidence to establish a nexus of service connection?
(b) If not, why does the Department apply a different
definition of ``competent medical evidence'' to CLCW claims
than it applies to Agent Orange claims? (7) Is there any
other type of claim for which the Department requires a
positive medical opinion from a VHA clinical Subject Matter
Expert on each claim?
VETERANS HEALTH ADMINISTRATION
Overview
As described in the Senate report, the Secretary is
directed to establish relationships with personnel divisions
at the Departments of Defense (DOD) and Homeland Security to
enable rapid hiring by the Department of Veterans Affairs
(VA) of separating service members.
MEDICAL SERVICES
The agreement provides $49,161,165,000 in advance for
fiscal year 2019 for Medical Services and makes
$1,400,000,000 of the advance available through fiscal year
2020. The agreement also provides $1,962,984,000 for fiscal
year 2018 in addition to the advance appropriation provided
last year.
Given that there may be significant unfunded liabilities
created by the winding down of the Choice Act, the agreement
continues to include bill language in section 229 permitting
the transfer of funding from multiple VA appropriations
accounts to Medical Services to address unfunded needs.
The agreement includes bill language requiring the
Secretary to ensure that sufficient amounts are available for
the acquisition of prosthetics designed specifically for
female veterans.
Allocations.--At the beginning of fiscal year 2018, without
public notice, the Department considered fundamentally
changing the manner in which Medical Services allocations
were made to the Veterans Integrated Service Networks
(VISNs). Specifically, consideration was being given to
converting almost $1,000,000,000 of Specific Purpose funding
to General Purpose funding. After consultation with Congress
regarding the unknown and potentially serious impacts the
conversion could have to programs, such as the successful
Housing and Urban Development-Veterans Affairs Supportive
Services program, the Department ceased implementation and
determined that conversion to General Purpose funding would
not go forward in fiscal year 2018. In order to provide for
transparency and ensure Congressional oversight and
deliberation, in the future, the VA is directed to consult
with the Committees on Appropriations and the Committees on
Veterans Affairs of both Houses of Congress before any
attempt is made to change the manner in which funding
allocations are made to the field, and to propose these types
of changes in an annual budget submission.
Opioid abuse.--The agreement provides the estimated
$329,953,000 VA will spend on inpatient and outpatient
treatment, methadone and other pharmacy-related costs related
to opioid abuse; $55,821,000 to continue to implement opioid
safety initiatives outlined as part of the Comprehensive
Addiction and Recovery Act; and $48,778,000 for the Justice
Outreach and Prevention program. In addition to these
amounts, the agreement also includes $270,000,000 for the
Office of Rural Health's Rural Health Initiative, which funds
several pilot projects aimed at treating and preventing
opioid abuse, including projects focused on alternatives to
opioid-centered pain management in rural, highly rural, and
remote areas. In addition to the funding levels described
above, all directives regarding opioid prevention, treatment,
safety, and drug monitoring programs in both Senate Report
115-130 and House Report 115-188 shall be complied with.
Overmedication.--As indicated in the Senate report, and in
addition to the funding levels highlighted for opioid abuse
above, the agreement provides $500,000 for the National
Academies of Sciences, Engineering, and Medicine to conduct
an assessment of the potential overmedication of veterans
during fiscal years 2010 to 2017 that led to suicides,
deaths, mental disorders, and combat-related traumas.
[[Page H2817]]
Mental health.--The agreement provides the full budget
request for all VA mental health services and programs of
$8,385,202,000, with an additional $10,000,000 provided for
the Veterans Crisis Line, an additional $22,002,000 above the
request provided for the National Centers for Posttraumatic
Stress Disorder, and an additional $10,000,000 to the Clay
Hunt pilot programs. The agreement includes $40,000,000 for
the National Centers and $99,044,000 for the Veterans Crisis
Line. The additional Clay Hunt funding will provide new
funding to each pilot site to incorporate best practices and
funding for new pilot sites in highly rural areas. Overall,
the agreement includes $186,128,000 for suicide prevention
outreach.
Staffing shortages.--As indicated in the Senate report, VA
is directed to ensure that the brain bank and the
consultation program for providers, particularly in rural
areas, have the appropriate number of full-time staff.
Suicide hotline.--The agreement includes bill language in
section 232 that was contained in the House bill which
requires certain professional standards for the suicide
hotline. As indicated in the House report, the Secretary is
urged to develop a basic training protocol for all VA
employees who deal with veterans in crisis, not only those
who staff the suicide hotline, as well as community providers
who deal with veterans.
Women's health.--While VA has made efforts to address the
needs of female veterans, many still often report feeling
unrecognized and underappreciated. To better assist female
veterans and increase their knowledge of the services and
benefits to which they are entitled, the agreement provides
$512,000,000 for gender-specific healthcare, which is
$20,000,000 above the fiscal year 2018 budget estimate.
Furthermore, the Secretary should make it a top priority to
increase female veterans' access and utilization of VA
benefits and services. There are several areas where VA could
improve the quality of life for female veterans. One area
that needs improvement is access to mental healthcare
services. Many female veterans are faced with disabling
mental health issues when they leave active duty. Therefore,
VA is directed to renew its focus on improving access to
mental health services for female veterans and to work to
ensure that female veterans' psychological needs are met. In
addition to mental healthcare access, VA must ensure that VA
facilities can meet the needs of female veterans. Currently,
women make up 15 percent of the active military and are a
growing segment of the veteran population. According to the
1990 Census, there were 1.2 million women veterans. By the
next census in 2000, that number increased to 1.6 million,
with 1.74 million at the end of the fiscal year 2010, and it
is projected to increase to 1.9 million in 2020. However,
even with this growth in the female veteran population,
numerous VA facilities are still primarily designed to meet
the needs of male veterans. Consequently, the agreement
directs VA to describe the locations where VA facilities do
not meet the standards established in 2010 specifically for
healthcare services for female veterans. Also, VA is further
directed to create a master plan to address issues at the
locations that do not meet the established standards for
female veterans. This report shall be submitted no later than
180 days after enactment of this Act.
Rural healthcare.--The agreement provides $270,000,000 for
the Office of Rural Health (ORH) and the Rural Health
Initiative, which is $20,000,000 above the President's
request. As included in the Senate report, the Department is
directed to conduct an agency-wide assessment of its rural
and highly rural workforce to identify geographic areas where
staffing needs exist. The Committees support the Department's
expansive use of telehealth for medical services and
encourage VA to strive to be even more innovative, more
expansive, and more connected in this area, especially as the
technique has proven particularly helpful in mental health
and primary care health delivery. The agreement includes
$1,348,883,000 for telehealth services, which is $5,000,000
above the budget request. The additional funding should be
used to further expand telehealth capacity and services in
rural and remote areas. The agreement directs no less than
$4,000,000 toward a pilot program to train veterans in
agricultural vocations while also tending to behavioral and
mental health needs with behavioral healthcare services and
treatments from licensed providers at no fewer than three
locations, as instructed in the Senate report.
Long-term care.--The agreement provides $8,821,657,000 as
requested for long-term care, including $6,073,862,000 for
institutional care and $2,747,795,000 for non-institutional
care. As indicated in the Senate report, VA is directed to
meet its fiscal year 2018 non-institutional care request as
originally proposed in the advance Medical Services
appropriation if that care is not provided through the Choice
program. In order to improve budgetary oversight of non-
institutional care programs, the Department is directed to
meet the reporting requirements included in Senate Report
115-130.
Headache centers of excellence.--The agreement provides
$10,000,000 for the creation of headache centers of
excellence, as described in the Senate report.
Veterans centers.--The agreement provides $258,483,000 for
readjustment counseling at Vet Centers, which is $15,000,000
above the budget request. As described in the Senate report,
within this amount, $2,500,000 is allocated to develop a
program to partner with organizations that provide outdoor
experiences for veterans as part of a continuum of care to
treat combat-related injuries, including those related to
behavioral health. The Department is also directed to
continue to work to expand Vet Centers and readjustment
services at areas across the country that currently lack
access.
Caregivers program.--The agreement provides $839,828,000
for the caregivers program, which is the same as the original
fiscal year 2018 request and $235,889,000 above the revised
2018 request. The Department is instructed to provide
quarterly reports on obligations for the caregivers program,
with a full explanation of any inability to obligate the
original 2018 request.
Dental care.--As part of VA's comprehensive medical
benefits package, certain eligible veterans also qualify for
dental care benefits. In some instances, VA is authorized to
provide extensive dental care, while in other cases treatment
may be limited. In order to better understand the full array
of services provided, and the locations in which they are
provided, the Department is directed to submit a report to
the Committees no later than 60 days after enactment of this
Act, describing the types of services provided to eligible
veterans, as well as a list of on-site dental clinics by
location and medical center. The report should also include
any implementation plans to expand on-sight dental care,
particularly in States in which there are currently no
services offered by VA or which have no on-site VA dental
clinics.
Homeless assistance programs.--The agreement provides
$1,747,784,000 for homeless assistance programs, which
includes $340,000,000 for the homeless supportive services
for low income veterans and families, a level which is
$20,000,000 above the request.
Housing and Urban Development-Veterans Affairs Supportive
Housing (HUD-VASH).--The agreement includes full funding for
the HUD-VASH program. However, if additional new vouchers are
issued in fiscal year 2018 by the Department of Housing and
Urban Development for the HUD/VASH program. VA is directed to
increase funding for this program above the budget estimate
to ensure adequate staffing levels exist to manage the
increased workload. Further, the Department is directed to
submit to the Committee on Appropriations no later than 30
days after enactment of this Act the amount above the budget
estimate that has been made available for this purpose.
High-cost areas.--There is a need for an examination of the
effects of rapidly rising rents in urban areas across the
nation and strategies to create and retain affordable housing
options for veterans. Avoiding the displacement of veterans
and their families in these communities should be a top
priority at the Department. Therefore, the Secretary is
directed, in consultation with the Secretary of Housing and
Urban Development, to submit a report detailing the best
practices and recommendations to address the displacement of
lower-income veterans who are long-time residents in urban
areas when there is a loss of affordable housing due to high
rental cost. This report shall be submitted to the Committees
no later than 180 days after enactment of this Act.
Curing Hepatitis C within the veteran population.--The
Department should be commended on its successful efforts to
treat almost 100,000 veterans. Since VA has been successful
in negotiating lower prices for the drugs used to cure
hepatitis C, it has obligated less funding than anticipated.
Therefore, the agreement includes a rescission (Section 237)
and reappropriation (within the Medical Services account) of
$751,000,000 to prevent the funding already provided from
lapsing. The Department is directed to continue to
aggressively fund the Hepatitis C program consistent with its
fiscal year 2018 budget request.
Hepatitis C screening.--There is a cohort of veterans who
are more difficult to screen, engage, and treat for hepatitis
C, due to factors such as the inability to adhere to therapy,
psychosocial determinants, unstable or uncontrolled medical
comorbidities, and enrollment barriers and challenges. The
Department is directed to improve hepatitis C screening rates
in traditional and non-traditional settings, including
increasing the utilization of innovative strategies like
point-of-care testing and public health outreach. The
Department is directed to submit a report to the Committees
no later than 120 days after enactment of this Act on VA's
efforts to facilitate this directive.
Incorrect reporting of laboratory tests.--According to
press reports, in February 2018, at least 8 veterans in the
Miami area were given incorrect lab results indicating that
they did not test positive for the presence of human
immunodeficiency virus (HIV), when in fact they did have the
virus and needed treatment. The VA Inspector General is
directed to provide a report to the Committees describing how
the incident at the Miami VA hospital occurred and who was
responsible. This report shall be submitted no later than 180
days after enactment of this Act. The agreement further
directs that the Government Accountability Office (GAO)
provide a report to the Committees that examines VA's HIV
testing policy, including the use of the latest technologies,
and how this policy is implemented at a sample of VA
hospitals. This report shall be submitted no later than 180
days after enactment of this Act.
Hospice care for veterans.--As described in the House and
Senate reports, the Department is directed to conduct a study
on the feasibility of implementing hospice care protocols
tailored to the unique needs of combat
[[Page H2818]]
veterans, with special emphasis on the needs of Vietnam
veterans.
Intimate Partner Violence Program.--The agreement provides
$17,000,000 for the Intimate Partner Violence Program within
the Medical Services account, which is the base level of
funding for the program and the amount identified in the
Senate report.
Colorectal cancer screening.--The Department is directed to
offer all 7 colorectal cancer screening strategies
recommended by the United States Preventive Services Task
Force and adopted by the National Committee for Quality
Assurance Healthcare Effectiveness Data and Information Set
measures, which are used by more than 90 percent of U.S.
health plans to measure performance. The Department is
directed to report to the Committees within 90 days of
enactment of this Act if it determines that it is unable to
comply with this directive.
National Veteran Sports Program.--The agreement provides
$16,965,000 for the National Veterans Sports Program, with
$2,000,000 designated for veterans monthly assistance
allowances; $9,000,000 for the Adaptive Sports Grants
Program; and $5,965,000 for support of national veterans
sports and special events programs like the Paralympics. The
agreement includes necessary bill language within the Medical
Services account to permit VHA to carry out the Office's
activities.
Equine therapy.--The Adaptive Sports Program awards small
grants for equine therapy, mostly for physical disabilities.
An additional $1,000,000 above the request is provided to the
Adaptive Sports Program to encourage VA to increase its use
of Adaptive Sports Program grants for equine therapy for
mental health issues, given the promising results reported
using equine therapy for veterans with posttraumatic stress
disorder.
Burn pits.--The agreement provides $5,000,000 for the
purpose of implementing the recommendations included in
National Academies of Sciences, Engineering, and Medicine's
assessment to improve the VA open burn pit registry.
Specialized and modular prosthetics.--As referenced in the
House report, the field of specialized and modular
prosthetics is evolving at a faster pace than VA has been
able to match. There is concern that VA does not have an
effective, streamlined model of service for specialized or
innovative modular prosthetics, unlike both the DOD and the
Centers for Medicare and Medicaid Services, which have begun
to explore this field. Therefore, the agreement directs VA to
conduct comparative analyses of prosthetic manufacturing
processes and determine whether it has the capacity to use
the ``best of breed'' manufacturing processes in cases where
it directly produces the prosthesis. This report shall be
submitted to the Committees no later than 90 days after
enactment of this Act.
Proposed prosthetics regulation.--VA has included a
provision in its proposed regulation on prosthetic and
rehabilitative items and services that may limit veterans'
choice in obtaining prosthetic, orthotic and other
rehabilitative services. The regulation appears to give the
Department sole authority to choose the provider of the
services, contrary to the current practice of giving veterans
a choice in these services. VA is encouraged to reconsider
this issue as it develops its final regulation.
Partnerships with community providers.--The Department is
encouraged to establish a pilot program within the Veterans
Health Administration (VHA) to support a partnership between
community health centers, other health providers, and higher
education institutions for the purpose of providing
education, training, and placement of veterans into health
professions. No later than 60 days after enactment of this
Act, the Department is directed to submit a report to the
Committees outlining the feasibility and advisability of
establishing such a pilot program.
Demand profile.--The creation of a demand profile of VA
healthcare needs across the country would be important to
inform the proper balance between VA and non-VA care covered
by the Department at VA and non-VA facilities. The Department
is directed to establish a demand profile for each of the
healthcare services furnished by VA and submit the findings
to the Committees no later than twelve months after enactment
of this Act. VA is directed to use the demand profile to
inform the capability and capacity of any non-Department
healthcare services provided. Each demand profile shall
include the following information: (1) the number of requests
for the healthcare service; (2) the number of appointments
for the receipt of the healthcare service, disaggregated by
appointments at VA facilities and appointments with non-
Department healthcare providers; (3) the capacity of the
Department to provide the healthcare service at VA
facilities; and (4) an assessment of the extent to which the
Department needs to use non-Department healthcare providers
to provide healthcare services.
Chiropractic services.--The agreement includes $5,000,000
for the chiropractic programs to be developed under the
authority of sec. 245.
MEDICAL COMMUNITY CARE
The agreement provides $8,384,704,000 in advance fiscal
year 2019 funding for Medical Community Care, with
$2,000,000,000 available through fiscal year 2022. The
agreement also provides $419,176,000 for fiscal year 2018 in
addition to the advance appropriation provided last year.
Due to the timing of reconciliation between obligations,
authorizations, and the number of those authorizations filled
through private providers, VA's accounting procedure has led
to the de-obligation of funds past the life of the budget
authority, leading to the expiration of millions of dollars
that could have been applied to veterans healthcare programs.
Therefore, the agreement provides extended availability to
aid the Department in ensuring that it can obligate all
appropriations within this account before expiration.
MEDICAL SUPPORT AND COMPLIANCE
The agreement provides $7,239,156,000 in advance for fiscal
year 2019 for Medical Support and Compliance and makes
$100,000,000 of the advance funding available through fiscal
year 2020. The agreement also provides $100,000,000 for
fiscal year 2018 in addition to the advance appropriation
provided last year.
MEDICAL FACILITIES
The agreement provides $5,914,288,000 in advance for fiscal
year 2019 for Medical Facilities, as well as $707,000,000 in
fiscal year 2018 funding, which is in addition to the advance
funding provided last year and is made available for two
years. Of the advance funding, $250,000,000 is made available
through fiscal year 2020.
In addition, $1,000,000,000 is provided for non-recurring
maintenance in section 255 to be available until expended.
The funding is to be used to correct deficiencies identified
in the VA's facilities assessments reports as well as to
supplement base funding provided within this Medical
Facilities account.
Bakersfield outpatient clinic.--The lengthy period VA has
taken to lease a new outpatient clinic in Bakersfield, CA
pursuant to Public Law 111-82 is concerning. Outpatient
clinics greatly reduce the need for veterans to travel long
distances for care by providing reliable medical services
closer to a veteran's home. The new outpatient clinic would
replace the Bakersfield community-based outpatient clinic and
would provide expanded primary care and mental health
services while offering a range of specialty care clinics.
This project would simultaneously increase veterans' access
to healthcare locally as well as reduce the caseload at other
facilities in the VA Greater Los Angeles Healthcare System.
While VA received congressional authorization for the project
in fiscal year 2010 and has allocated funding for it, the
project has been delayed for years and is still in the
acquisition phase. The Department is urged to expedite the
project in light of the urgent need for expanded healthcare
services. The Secretary is directed to report to the
Committees no later than 60 days after enactment of this Act
on past actions and the future plan forward, including the
timeline for this project, and to provide periodic progress
reports to the Committees every 120 days. These periodic
progress reports shall include an explanation of any changes
to: (1) the project's status; (2) the expected cost of the
lease; and (3) the projected completion date.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $722,262,000 for Medical and
Prosthetic Research, available until September 30, 2019. Bill
language is included to ensure that the Secretary allocates
adequate funding for research on gender-appropriate
prosthetics and toxic exposures.
Exoskeleton research.--As indicated in the Senate report,
VA is directed to study the efficacy of exoskeletons in the
rehabilitation of patients who have suffered a stroke or
traumatic brain injury.
Cancer moonshot.--As indicated in the Senate report, the
Department is urged to include skin cancer as a subject of
its efforts to provide targeted cancer treatments to veterans
through genomic science.
Rare cancers.--The disproportionate impact of rare cancers
on veterans, the number of rare cancers affecting veterans
that are understudied and misunderstood, and inadequate
treatment options for rare cancers are concerning. Therefore,
the Department is instructed to provide a report to the
Committees within 90 days of enactment of this Act for each
of the last five years: the prevalence rate of rare cancers
among veterans; the types of treatments being provided to
veterans specifically for rare cancers; any studies on rare
cancers conducted by the Department; the Department's
expenditures on the treatment of rare cancers; the
Department's programs dedicated to addressing rare cancers
among veterans; and recommendations on ways the Department
can enhance rare cancer treatments for veterans.
Exposure to Agent Orange by certain Navy veterans.--As
described in the Senate report, beginning in 2002, a revised
VA interpretation of the Agent Orange Act of 1991 (Public Law
102-4) has prevented ``Blue Water'' Navy veterans who served
in the Navy outside of the riverine and coastal areas from
collecting benefits unless they could prove that they stepped
onto land or that their ship entered the internal river
system of the Republic of Vietnam. However, a growing body of
research supports the resumption of the presumption of
exposure for these veterans. Subsequently, the Secretary has
testified before the House Veterans Affairs Committee that he
believes these veterans should be extended the presumption of
exposure. The Department is directed to submit a report to
the Committees no later than 180 days after enactment of this
Act evaluating each of the U.S. and non-U.S. studies on Agent
Orange exposure and any additional relevant material. The
report should also include any justification for the
continued exclusion policy
[[Page H2819]]
or, in the alternative, detail the intent, along with
associated milestones, for lifting the exclusion policy.
NATIONAL CEMETERY ADMINISTRATION
The agreement provides $306,193,000 for the National
Cemetery Administration (NCA). Of the amount provided, not to
exceed 10 percent is available until September 30, 2019.
Burial rights for Hmong veterans.--The agreement includes
section 251 permitting burial in a National Cemetery
Administration national cemetery for any Hmong veterans
naturalized pursuant to the Hmong Veterans' Naturalization
Act of 2000, who served on behalf of the United States during
the Vietnam War, and who were residing in the United States
at the time of the individual's death. The Department is
instructed to conduct an analysis of the number of surviving
Hmong veterans who served in Vietnam on behalf of the United
States and who would not be eligible for burial in a VA
national cemetery under the provisions of section 251. This
analysis should be submitted to the Committees no later than
180 days after enactment of this Act.
Deferred maintenance.--Given the weaknesses in the
Facilities Condition Assessment currently used by NCA, as
described in the House report, NCA is encouraged to pilot in
one region the U.S. Army Corps of Engineers' Sustainment
Management System (SMS). The procurement of the SMS is
available to VA without cost. The SMS provides automated,
predictive modeling that may provide more accurate data to
model future maintenance needs. Since other groups within VA
also currently use the Facilities Condition Assessment, this
pilot may provide a useful test to see if the SMS has utility
department-wide. VA is directed to inform the Committees of
its plans to pilot the SMS, including the region chosen, the
expected cost, and planned start date and duration of the
pilot. If VA determines it is unable to conduct the pilot, it
is directed to report to the Committees the reasons why.
Departmental Administration
General Administration
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $335,891,000 for General
Administration. Of the amount provided, not to exceed 10
percent is available for obligation until September 30, 2019.
The agreement continues to include bill language permitting
the transfer of funds from this account to General Operating
Expenses, Veterans Benefits Administration.
Recording of obligations.--VA is in the process of changing
its accounting for obligations for healthcare services
purchased from non-VA providers. Up to this time, such
obligations have been recorded at the time the health care
services were authorized. Obligations were later adjusted
after healthcare services were rendered, and VA received a
claim for payment, VA evaluated the claim to ensure that it
was allowable, and VA approved the claim for payment. Because
of the lag in the time between the date services were
rendered and the date a claim was processed, approved and
paid, approximately 75 percent of the preliminary fiscal year
2017 obligations were based on VA's ``best estimate'' of
services that a veteran might or might not receive. This is
because the amount of VA's final liability was contingent on
the veteran seeking health care services and the type and
length of services that were provided by the non-VA provider.
The proposed accounting change will mean that obligations
will be recorded at the time claims are processed and
approved, thereby eliminating the uncertainty regarding the
actual total obligations against the program. The Department
believes that this change in obligation procedure will
improve program management and the ability to forecast and
justify budget requirements. The Committees concur with the
VA proposal, noting the Comptroller General has opined in the
past that VA could determine whether the government should
accept liability for non-VA health care claims following a
review and approval process and record obligations upon
approval. This proposal matches the system DOD uses for its
non-Department healthcare claims.
Staff vacancies.--As indicated in the Senate report, VA is
directed to use funds provided by this Act to fill its staff
vacancies and to report monthly on its progress in doing so.
Financial management system.--The agreement includes
$10,800,000 in this account, as well as $83,000,000 in the
Information Technology Systems account for development of a
new financial management system. The VA agreement to use the
Department of Agriculture's Federal Shared Services financial
management system has broken down and VA is trying to use the
contracts USDA had set up to reconstruct the financial
management system it had anticipated acquiring through USDA.
It is concerning that VA is trying to move forward alone,
given the disastrous outcomes of its two previous attempts to
create a modern financial management system. VA is directed
to provide a report to the Committees within 60 days of
enactment of this Act that describes the components that will
be included in its planned financial management system, such
as acquisition, the cost of the contracts and staffing that
VA has acquired from USDA, the annual and total costs of the
project, and its timeline and performance benchmarks. The
report should also include a description of interim steps the
Department is taking to improve the timeliness of payments
made to healthcare providers and vendors while the FMS is
being developed. Upon submission of this report, VA is
directed to provide the Committees on a quarterly basis a
report that compares actual progress on the financial
management system to the performance benchmarks and timeline
provided in the first report.
Inconsistencies in contracting policy after the Kingdomware
decision.--VA issued guidance to implement the Kingdomware
decision of June 2016, which held that the VA ``must use the
Rule of Two when awarding contracts, even when the Department
will otherwise meet its annual minimum contracting goals''
and that it must be applied to Federal Supply Schedule
purchase orders. The VA guidance outlined ways to identify
potential vendors and evaluate their capabilities. However,
there is concern that VA's guidance is being interpreted
inconsistently across the VISNs. In some VISNs, option years
are not being exercised as anticipated, but instead, are
being re-bid to satisfy the ``Rule of Two'' retroactively
based on a misinterpretation of the Supreme Court's ruling.
A report by the GAO (GAO-17-748) highlighted similar
concerns. The GAO report identified significant
inconsistencies between national policies set by the VA and
implementation of those policies at the regional and local
levels. The report emphasized that VA has not established a
process for systematically ensuring that local policies are
aligned with national policies.
To ensure veterans' continued access to quality care, VA is
urged to issue additional guidance to provide a standard set
of criteria for contracting officers to evaluate veteran-
owned providers' capabilities and to take steps to ensure
their implementation in a consistent manner across the VISNs,
in alignment with the GAO's recommendations, especially with
regard to option years.
BOARD OF VETERANS APPEALS
The agreement provides $161,048,000 for the Board of
Veterans Appeals (BVA), of which not to exceed 10 percent
shall remain available until September 30, 2019. Funding
above the budget request is to be used to assist in
streamlining the appeals process, with the new authorities
provided by Congress. Bill language continues to be included
in section 230 permitting VA to transfer funding between this
account and the General Operating Expenses, Veterans Benefits
Administration account if needed to align funding with the
appropriate account to hire staff to address the appeals
backlog.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $4,055,500,000 for Information
Technology (IT) Systems. The agreement identifies separately
in bill language the funding available for pay
($1,230,320,000); operations and maintenance
($2,496,650,000); and systems development ($328,530,000). The
agreement makes not to exceed 5 percent of pay and of
operations and maintenance funding available until the end of
fiscal year 2019; not to exceed 5 percent of operations and
maintenance funding available until the end of fiscal year
2019, and all IT systems development funding available until
the end of fiscal year 2019.
The agreement includes $63,404,000 in information
technology funding for the Veterans Benefits Management
System which processes disability claims; $7,500,000 for the
BVA claims appeals modernization effort; $83,000,000 for
development of a new VA financial management system; and
$340,000,000 for the Office of Information Security.
The agreement continues language prohibiting the obligation
of IT development funding until VA submits a certification of
the amounts to be obligated, in part or in full, for each
development project.
The agreement continues language permitting funding to be
transferred among the three IT subaccounts, subject to
approval from the Committees.
The agreement continues language providing that funding may
be transferred among development projects or to new projects
subject to the Committees' approval.
The agreement continues language indicating that no
development project may be increased or decreased by more
than $1,000,000 prior to receiving approval of the Committees
or a period of 30 days has elapsed.
The agreement provides funding for IT development for the
projects and in the amounts specified in the following table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
(in thousands of dollars)
------------------------------------------------------------------------
Project Agreement
------------------------------------------------------------------------
VLER Health................................................ 10,000
VistA Module Enhancements.................................. 9,000
Veterans Benefits Management System (VBMS)................. 59,904
Virtual Lifetime Electronic Record (VLER).................. 20,968
Veteran Customer Experience (formerly VRM)................. 58,473
Other IT Systems Development............................... 170,185
------------
Total, All Development................................. $328,530
------------------------------------------------------------------------
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming requirements.
Expenditure plan.--The Department is directed to continue
to provide a fiscal year 2018 IT expenditure plan to the
Committees upon enactment of this Act. This plan should be in
the same format as the table above.
VETERANS ELECTRONIC HEALTH RECORD
The agreement provides $782,000,000 for activities related
to the development and rollout of a new VA electronic health
record, the
[[Page H2820]]
associated contractual costs, and the salaries and expenses
of employees hired under titles 5 and 38, United States Code.
Because this is a very substantial new effort, the timing of
obligation of funding is uncertain. As a result, the
agreement makes these funds available for three years.
This account is intended to be the single source of funding
within VA for the electronic health record effort. There is
no authority for funds from other VA accounts to be
transferred to this account or for funds from this account to
be transferred to other accounts. Consistent with the effort
to centralize financial management of the development of the
electronic health record, the Department is directed to place
top management of the project at the headquarters level above
either the VHA or the Office of Information Technology, such
as in the Office of the Deputy Secretary.
The bill language for this account requires the Secretary
to submit a report quarterly to the Committees detailing
obligations, expenditures, and deployment strategy by
facility. In addition, GAO is directed to perform quarterly
performance reviews of the VA electronic health record
deployment so that the Committees are kept abreast of
important issues such as cost and operational capability. It
is expected that this quarterly reporting will avail the
Committees and VA with timely information to properly oversee
this effort and address important issues.
OFFICE OF INSPECTOR GENERAL
The agreement provides $164,000,000 for the Office of
Inspector General (OIG). Of the amount provided, not to
exceed 10 percent is available for obligation until September
30, 2019.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $512,430,000 for Construction, Major
Projects, which is the same as the budget request. The
agreement makes this funding available for five years, except
that $80,000,000 is made available until expended.
External project management.--The agreement continues the
bill language requiring that large VA construction projects
be managed by a non-VA government entity. Of the total
provided, $117,300,000 for VHA major construction projects
shall not be available until the Department enters into an
agreement with a non-Department of Veterans Affairs Federal
entity to serve as the design and/or construction agent for
each major construction project with a total estimated cost
of $100,000,000 or above. Funding is available for obligation
for each project only after VA certifies that the agreement
with the non-Department Federal entity is in effect for that
project. The single large VHA project affected by this
provision is in Livermore, California.
The requirement to contract with an outside agent for major
construction projects was also mandated in Section 502 of the
Department of Veterans Affairs Expiring Authorities Act of
2015 (Public Law 114-58), enacted on September 30, 2015.
Since the provision in the annual appropriations bill is also
contained in permanent authorizing law, in future years, this
provision will not be included in the appropriations bill.
The agreement funds the following items as requested in the
budget submission:
CONSTRUCTION, MAJOR PROJECTS
(in thousands of dollars)
------------------------------------------------------------------------
Location and description Agreement
------------------------------------------------------------------------
Veterans Health Admin. (VHA):
Livermore, CA, realignment and closure of the Livermore $117,300
campus................................................
Advance Planning and Design Fund:
various locations...................................... 57,500
Asbestos: various locations............................ 7,500
Major Construction Staff: various locations............ 27,500
Hazardous Waste: various locations..................... 15,000
Judgment Fund: various locations....................... 10,000
Non-Dept. Fed. Entity Project Management Support....... 16,730
Total, VHA......................................... 251,530
National Cemetery Admin. (NCA):
Sacramento, CA: gravesite expansion.................... 35,000
Bushnell, FL: gravesite expansion and cemetery 51,500
improvement sites.....................................
Elwood, IL: gravesite expansion, Phase 3............... 35,000
Calverton, NY: gravesite expansion..................... 50,000
Phoenix, AZ: gravesite expansion....................... 31,900
Bridgeville, PA: gravesite expansion , Phase 3......... 39,000
Advance Planning and Design Fund................... 8,500
NCA Land Acquisition Fund.......................... 5,000
Total, NCA..................................... 255,900
General Admin.:
Staff Offices Advance Planning Fund.................... 5,000
Total, Construction Major Projects............. $512,430
------------------------------------------------------------------------
West Los Angeles, California seismic corrections.--VA
removed six buildings from the scope of the West Los Angeles,
California seismic corrections project to be addressed
through the Enhanced Use Lease supportive housing program. In
the fiscal year 2018 budget submission, VA advised that
details would be provided on how the remaining funding
appropriated for the West LA project would be used. VA's most
urgent need is to address Building 300, the Regional Food
Services Facility, which is critical for providing quality
service to vulnerable inpatient veterans. The Regional Food
Services Facility is currently housed in a 65 year old,
seismically at-risk facility potentially impacting food
quality and safety, and placing veterans at risk. Renovation
of Building 300 was originally included in the scope of the
major project, but VA has determined that new construction
would be more cost-effective than the originally planned
renovation. The new Food Services facility will be efficient,
purpose-built, and centrally located adjacent to the
inpatient facility. VA has estimated that the total cost for
new construction of the approximately 25,000 gross square
foot Food Services facility is $35,000,000. VA is directed to
utilize $35,000,000 of the remaining funds from the West Los
Angeles, California Seismic Corrections major construction
project for construction of the Food Service facility.
Further, it is expected that the vacated Building 300 site
will be used to support the Department's stated goal of
developing at least 1,200 housing units on the campus by
2026. VA is directed to provide to the Committees no later
than 60 days after enactment of this Act an estimated
schedule for completion of the Food Services facility.
Strategic Capital Investment Plan (SCIP).--It is
appreciated that VA has consulted with the Committees and
will be modifying its future capital budget and long term
capital plan, with its submission to include a clearer
presentation of its capital needs, by year, over the next
five years. In addition, VA will make improvements to the
congressional justification to make it a more usable and
understandable document. This additional information will
provide more clarity on VA's future capital plans. An example
of a presentation that accurately reflects the priority
projects from the SCIP that will actually be funded in the
request is the ``Active Development Major Construction
Projects''' on page 8.2 11 of Volume 4 of the fiscal year
2018 justification volumes. VA is encouraged to place such
charts in a more prominent place in the justifications. VA is
also encouraged to ensure that the funds requested for
projects (major, minor, leases, and non-recurring
maintenance) that are presented in congressional
justification documents are in fact allocated to those
projects for execution. VA is directed to report quarterly on
the allocation and execution of such funds for the identified
projects and clearly identify any changes.
Vacant and underutilized buildings and structures.--In June
2017, the Secretary announced plans to initiate disposal or
reuse actions for 430 vacant buildings in VA's real property
inventory in order to decrease the maintenance of buildings
VA does not need and reinvest the savings. The Secretary also
announced a review of 784 non-vacant but underutilized
buildings. While the Department's initiative to review the
utility of VA property is commendable, the process by which
the list of buildings and structures was created was not
transparent. The Department is directed to submit a report to
the Committees no later than 90 days after enactment of this
Act that includes the following elements: (1) an explanation
of the process and methodology used to determine, record, and
validate which buildings and structures in VA's real property
portfolio are vacant, mostly vacant, or underutilized, and
their physical condition; (2) an explanation of the process
by which those property disposal analyses and plans were
developed and coordinated with, and within, each VISN; (3) a
cost-benefit analysis of the Department's ongoing real
property disposal plans, both in terms of this immediate
disposal action, and in aggregate; (4) a discussion of the
impact of historic designations of buildings and structures
on the Department's ability to manage its real property
portfolio; and (5) a certification that the disposal of these
identified properties will have no significant adverse impact
on the Department's ability to provide health care and
benefits for veterans.
National realignment strategy.--It is understood the
Department, as part of a national realignment strategy of VA
services, will continue to reevaluate and scrutinize the
utility of facilities and property as well as the healthcare
services available at VA facilities and available through
non-Department healthcare providers. The Department is
prohibited from diminishing healthcare services at existing
VHA medical facilities as part of a planned realignment of VA
services until the Secretary provides justification to the
Committees.
CONSTRUCTION, MINOR PROJECTS
The agreement provides $342,570,000 for Construction, Minor
Projects. The agreement makes this funding available for five
years. Included within the total is $193,610,000 for the
Veterans Health Administration; $97,950,000 for the National
Cemetery Administration; $29,895,000 for the Veterans
Benefits Administration; and $21,115,000 for General
Administration--Staff Offices.
In addition, $425,000,000 is provided for minor
construction projects in section 255 to remain available
until expended.
Expenditure plan.--The agreement includes a directive for
the Department to provide an expenditure plan no later than
30 days after the enactment of this Act. This expenditure
plan shall include a complete list of minor construction
projects to be supported with the fiscal year 2018
appropriation. The plan shall be updated six months and
twelve months after enactment.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The agreement provides $110,000,000 for Grants for
Construction of State Extended Care Facilities, to remain
available until expended.
The agreement includes in section 253 a provision ensuring
that the priority order for eligible and approved, but
unfunded, State projects in 2017 is not disrupted by priority
designated for approved 2018 projects.
The agreement includes section 255 which provides an
additional $575,000,000 for grants
[[Page H2821]]
for construction of State extended care facilities to be
available until expended. This funding, coupled with the base
funding of $110,000,000 and fiscal year 2017 carryover should
be sufficient to support the entire existing backlog of
approved State applications.
VA is encouraged to prioritize the needs of rural States in
its allocation of funding for State homes by: (1) including
consideration of rural mileage access in its ``great need for
beds to be established'' at a State home; (2) considering the
unique needs of small States with a single facility; and (3)
prioritizing large rural States where veterans may live
hundreds of miles from the nearest facility.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The agreement provides $45,000,000 for Grants for
Construction of Veterans Cemeteries, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
(Including Transfers and Rescissions of Funds)
The agreement includes section 201 allowing for the
transfer of funds among the three mandatory accounts.
The agreement includes section 202 allowing for the
transfer of funds among the four medical accounts.
The agreement includes section 203 allowing salaries and
expenses funds to be used for related authorized purposes.
The agreement includes section 204 restricting the accounts
that may be used for the acquisition of land or the
construction of any new hospital or home.
The agreement includes section 205 limiting the use of
funds in the Medical Services account only for entitled
beneficiaries unless reimbursement is made to the Department.
The agreement includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of
prior year accrued obligations for those accounts.
The agreement includes section 207 allowing the use of
appropriations available in this title to pay prior year
obligations.
The agreement includes section 208 allowing the Department
to use surplus earnings from the National Service Life
Insurance Fund, the Veterans' Special Life Insurance Fund,
and the United States Government Life Insurance Fund to
administer these programs.
The agreement includes section 209 allowing the Department
to cover the administrative expenses of enhanced-use leases
and provides authority to obligate these reimbursements in
the year in which the proceeds are received.
The agreement includes section 210 limiting the amount of
reimbursement the Office of Resolution Management, the Office
of Employment Discrimination Complaint Adjudication, the
Office of Accountability and Whistleblower Protection, and
the Office of Diversity and Inclusion can charge other
offices of the Department for services provided.
The agreement includes section 211 requiring the Department
to collect third-party payer information for persons treated
for a non-service-connected disability.
The agreement includes section 212 allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The agreement includes section 213 outlining authorized
uses for Medical Services funds.
The agreement includes section 214 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community
Care accounts.
The agreement includes section 215 which allows Alaskan
veterans to use medical facilities of the Indian Health
Service or tribal organizations.
The agreement includes section 216 permitting the transfer
of funds from the Department of Veterans Affairs Capital
Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The agreement includes section 217 requiring the Secretary
to submit financial status quarterly reports for each of the
Administrations in the Department. The specific data
requested is similar to that requested in the fiscal year
2016 conference report.
The agreement includes section 218 requiring the Department
to notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account and limits the aggregate annual
increase in the account to no more than 10 percent of the
funding appropriated to the account in this Act.
The agreement includes section 219 providing up to
$297,137,000 of fiscal year 2018 funds for transfer to the
Joint DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 220 which permits
$306,378,000 of fiscal year 2019 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The agreement includes section 221 which authorizes
transfers from the Medical Care Collections Fund to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 222 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA Health
Care Sharing Incentive Fund.
The agreement includes section 223 prohibiting funds
available to the Department in this or any other Act from
being used to replace the current system by which VISNs
select and contract for diabetes monitoring supplies and
equipment.
The agreement includes section 224 requiring that the
Department notify the Committees of bid savings in a major
construction project of at least $5,000,000, or 5 percent,
whichever is less, 14 days prior to the obligation of the bid
savings and their anticipated use.
The agreement includes section 225 which prohibits VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request
unless the Secretary receives approval from the Committees.
The agreement includes section 226 requiring a quarterly
report from each VBA regional office on pending disability
claims, both initial and supplemental; error rates; the
number of claims processing personnel; corrective actions
taken; training programs; and review team audit results. It
also requires a quarterly report on the number of appeals
pending at the Veterans Benefits Administration and the Board
of Veterans Appeals.
The agreement includes section 227 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more fulltime-equivalent staff.
The agreement includes section 228 requiring the Secretary
to report to the Committees each quarter about any single
national outreach and awareness marketing campaign exceeding
$2,000,000.
The agreement includes section 229 permitting the transfer
to the Medical Services account of fiscal year discretionary
2018 funds appropriated in this Act or available from advance
fiscal year 2018 funds already appropriated, except for funds
appropriated to General Operating Expenses, VBA, to address
possible unmet, high priority needs in Medical Services. Such
unanticipated demands may result from circumstances such as a
greater than projected number of enrollees or higher
intensity of use of benefits. Any such transfer requires the
approval of the Committees.
The agreement includes section 230 permitting the transfer
of funding between the General Operating Expenses, Veterans
Benefits Administration account and the Board of Veterans
Appeals account if necessary to permit the hiring of staffing
at the appropriate stage of the appeals process to address
mounting claims appeals workload. Any such transfer requires
the approval of the Committees.
The agreement includes section 231 prohibiting the
Secretary from reprogramming funds in excess of $7,000,000
among major construction projects or programs unless the
reprogramming is approved by the Committees.
The agreement includes section 232 mandating certain
professional standards for the veterans crisis hotline.
The agreement includes section 233 restricting funds from
being used to close medical facilities in the absence of a
national realignment strategy.
The agreement includes section 234 modifying current law to
permit VA hospitals to use shuttle buses for employees so
that patients can use the closer parking lots.
The agreement includes section 235 requiring VA to use the
mammography screening guidelines announced by the Secretary
on May 10, 2017.
The agreement includes section 236 allowing the use of
Medical Services funding for assisted reproductive technology
treatment and adoption reimbursement for veterans and their
spouses if the veteran has a service-connected disability
that results in being unable to procreate without such
fertility treatment.
The agreement includes section 237 which provides a
rescission of $751,000,000. This funding is reappropriated in
the Medical Services account to extend its availability.
The agreement includes section 238 prohibiting any funds
from being used in a manner that is inconsistent with
statutory limitations on outsourcing.
The agreement includes section 239 pertaining to
limitations on Indian- or Native Hawaiian-owned businesses
contracting with VA.
The agreement includes section 240 directing the
elimination over a series of years of the use of social
security numbers in VA programs.
The agreement includes section 241 referencing the
provision in the 2017 appropriations Act pertaining to
certification of marriage and family therapists.
The agreement includes section 242 which prohibits funds
from being used to transfer funding from the Filipino
Veterans Equity Compensation Fund to any other VA account.
The agreement includes section 243 which rescinds and
reappropriates Major Construction funding for eight projects
to extend its availability.
The agreement includes section 244 permitting funding to be
used in fiscal years 2018 and 2019 to carry out and expand
the child care pilot program authorized by section 205 of
Public Law 111-163.
The agreement includes section 245 creating a pilot program
for chiropractic services.
The agreement includes section 246 creating a pilot program
for training veterans to become physician assistants.
The agreement includes section 247 which includes a
reference to a provision in the 2017 appropriations Act
identifying information
[[Page H2822]]
which may be used to verify the status of coastwise merchant
seamen who served during World War II for the purposes of
eligibility for medals, ribbons, or other military
decorations.
The agreement includes section 248 permitting the Secretary
to use appropriated funds to ensure particular ratios of
veterans to full-time employment equivalents within any VA
program of rehabilitation.
The agreement includes section 249 prohibiting VA from
using funds to enter into an agreement to resolve a dispute
or claim with an individual that would restrict the
individual from speaking to members of Congress or their
staff on any topic, except those required to be kept secret
in the interest of national defense or the conduct of foreign
affairs.
The agreement includes section 250 referencing language in
the 2017 appropriations Act requiring certain data to be
included in budget justifications for Major Construction
projects.
The agreement includes section 251 permitting Hmong
veterans who served in Vietnam and were naturalized pursuant
to the Hmong Veterans' Naturalization Act of 2000 to be
buried in VA national cemeteries.
The agreement includes section 252 creating a 2 year pilot
program to make grants to veterans service organizations to
upgrade their facilities to become health and wellness
centers.
The agreement includes section 253 ensuring that the
priority order for eligible and approved, but unfunded, State
projects in 2017 is not disrupted by priority designated for
approved 2018 projects.
The agreement includes section 254 prohibiting the use of
canines in VA research unless: the scientific objectives of
the study can only be met by using canines; the study has
been directly approved by the Secretary; and the study is
consistent with the revised VA canine research policy
document released in December 2017.
The agreement includes section 255 providing $2,000,000,000
to be available until expended for VA infrastructure needs,
of which $1,000,000,000 is for Medical Facilities for non-
recurring maintenance; $425,000,000 is for Minor
Construction; and $575,000,000 is for Grants for Construction
of State Extended Care Facilities. This funding is not made
available until VA provides and the Committees approve a
detailed expenditure plan.
The agreement includes section 256 clarifying that payment
for the costs of contract disability examinations shall be
financed within the Compensation and Pensions account.
The agreement includes section 257 prohibiting funds to be
used to charge a veteran for a veterans identification card.
The agreement includes section 258 related to the
eligibility of veterans for certain medical services with
other than honorable discharges. The two criteria that the
veteran must meet to be eligible for these medical services
are as follows: 1) veterans who have served 100 days in
uniform and were deployed to a combat zone; or 2) veterans
who are victims of sexual assault/sexual harassment.
The agreement includes section 259 regarding the process
for a veteran to appeal the character of his or her service
determination.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The agreement includes $79,000,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC),
an increase of $3,900,000 to support World War I anniversary
activities.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The agreement includes such sums as necessary for the
Foreign Currency Fluctuations Account. However, due to
favorable exchange rates, no funds are expected to be
required in fiscal year 2018.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The agreement includes $33,600,000 for Salaries and
Expenses for the United States Court of Appeals for Veterans
Claims.
DEPARTMENT OF DEFENSE--CIVIL
Cemeterial Expenses, Army
SALARIES AND EXPENSES
The agreement includes $80,800,000 for Cemeterial Expenses,
Army Salaries and Expenses. Within that amount, up to
$15,000,000 in funding is available until September 30, 2020.
CONSTRUCTION
The agreement provides $167,000,000 for planning and design
and construction of Southern Expansion to remain available
until expended.
ARMED FORCES RETIREMENT HOME
TRUST FUND
The agreement includes a total of $64,300,000 for the Armed
Forces Retirement Home (AFRH), as requested, but does not
provide the funds in the manner requested. The agreement
directs that $42,300,000 be derived from the Trust Fund and
$22,000,000 be provided from the General Fund to support AFRH
operations.
Trust Fund Solvency.--There continues to be a belief that
both legislative and administrative actions are necessary to
improve Trust Fund solvency, eliminate AFRH's reliance on the
General Fund, and maintain the high-quality services provided
to AFRH residents. While there is still concern about the
path forward, DOD is directed to continue working with AFRH
to take appropriate administrative action and to develop and
submit proposed authorizing language that addresses the issue
of Trust Fund solvency.
ADMINISTRATIVE PROVISIONS
The agreement includes section 301 permitting funds to be
provided to Arlington County, Virginia, for the relocation of
a water main located on the Arlington National Cemetery
property.
The agreement includes section 302 allowing Arlington
National Cemetery to deposit and use funds derived from
concessions.
TITLE IV
Overseas Contingency Operations
Department of Defense
The agreement includes title IV, Overseas Contingency
Operations, for military construction projects related to the
Global War on Terrorism and the European Deterrence/
Reassurance Initiative.
Military Construction, Army
The agreement includes $146,100,000 for ``Military
Construction, Army'', for planning and design and
construction in support of Overseas Contingency Operations
and the European Deterrence/Reassurance Initiative.
Military Construction, Navy and Marine Corps
The agreement includes $33,248,000 for ``Military
Construction, Navy and Marine Corps'', for planning and
design and construction in support of Overseas Contingency
Operations and the European Deterrence/Reassurance
Initiative.
Military Construction, Air Force
The agreement includes $546,352,000 for ``Military
Construction, Air Force'', for planning and design and
construction in support of Overseas Contingency Operations
and the European Deterrence/Reassurance Initiative.
Military Construction, Defense-Wide
The agreement includes $24,300,000 for ``Military
Construction, Defense-Wide'', for planning and design and
construction in support of Overseas Contingency Operations
and the European Deterrence/Reassurance Initiative.
Administrative Provisions
The agreement includes section 401 which provides the
contingent emergency designation for the Overseas Contingency
Operations accounts.
The agreement includes section 402 which requires the
Department of Defense to provide a future year defense
program for European Deterrence/Reassurance Initiative to the
congressional defense committees.
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TITLE V
GENERAL PROVISIONS
The agreement includes section 501 prohibiting the
obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The agreement includes section 502 prohibiting the use of
the funds in this Act for programs, projects, or activities
not in compliance with Federal law relating to risk
assessment, the protection of private property rights, or
unfunded mandates.
The agreement includes section 503 encouraging all
Departments to expand their use of ``E-Commerce.''
The agreement includes section 504 specifying the
congressional committees that are to receive all reports and
notifications.
The agreement includes section 505 prohibiting the transfer
of funds to any instrumentality of the United States
Government without authority from an appropriations Act.
The agreement includes section 506 prohibiting the use of
funds for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the United States House
of Representatives.
The agreement includes section 507 requiring all reports
submitted to Congress to be posted on official web sites of
the submitting agency.
The agreement includes section 508 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.
The agreement includes section 509 prohibiting the use of
funds for the payment of first-class air travel by an
employee of the executive branch.
The agreement includes section 510 prohibiting the use of
funds in this Act for any contract where the contractor has
not complied with E-Verify requirements.
The agreement includes section 511 prohibiting the use of
funds in this Act by the Department of Defense or the
Department of Veterans Affairs for the purchase or lease of a
new vehicle except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
The agreement includes section 512 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
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DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2018
In implementing this agreement, Federal departments,
agencies, commissions, and other entities are directed to
comply with the directives, reporting requirements, and
instructions contained in H. Rept. 115-253 (House report)
accompanying H.R. 3362 (House bill) and S. Rept. 115-152
(Senate report) accompanying S. 1780 (Senate bill) as though
stated in this explanatory statement, unless specifically
directed to the contrary.
This explanatory statement, while repeating some House and
Senate report language for emphasis or clarification, does
not negate language in such reports unless expressly provided
herein. Language expressing an opinion or making an
observation in the House or Senate reports represents the
view of the respective committee unless specifically endorsed
in this explanatory statement. In cases in which the House
and Senate reports provide contradictory directives or
instructions that are not addressed in this explanatory
statement, such directives or instructions are negated.
Reports required to be submitted pursuant to the Act,
including reports required by this explanatory statement and
the House and Senate reports, may not be consolidated to
include responses to multiple requirements in a single
report, except following consultation with the Committees on
Appropriations.
In lieu of the tables contained in the House and Senate
reports, the tables contained in this explanatory statement
shall guide departments, agencies, commissions, and other
entities when allocating funds.
Section 7019 requires that amounts designated in the
respective tables referenced in this explanatory statement
for funds appropriated in titles III through V shall be made
available in such designated amounts, unless otherwise
provided for in the Act, and shall be the basis of the report
required by section 653(a) of the Foreign Assistance Act of
1961 (FAA) (the 653(a) report), where applicable. The section
also includes limited authority to deviate from such
specified amounts and continues language similar to prior
years including exceptions to the application of the
requirements of such section for amounts designated in tables
included in this explanatory statement for International
Military Education and Training and Global Health Programs,
and funds for which the initial period of availability has
expired.
Proposed deviations from tables in titles I and II in this
explanatory statement are subject to the regular notification
procedures of the Committees on Appropriations, unless an
exception or deviation authority is specifically provided
herein.
For the purposes of the Act, the term ``regular
notification procedures of the Committees on Appropriations''
means such Committees are notified not less than 15 days in
advance of the initial obligation of funds.
For purposes of the Act, the term ``prior consultation''
shall mean a pre-decisional engagement between a relevant
Federal agency and the Committees on Appropriations during
which such Committees are provided a meaningful opportunity
to provide relevant facts and opinions to inform the use of
funds; the development, content, or conduct of a program or
activity; or a decision to be taken.
In meeting the requirements of section 7076(e) of the Act,
the Department of State and the United States Agency for
International Development (USAID) shall include in
congressional budget justifications (CBJs) the justifications
for multi-year availability for funds requested under
Diplomatic and Consular Programs and Operating Expenses. The
Department of State, USAID, and other agencies are also
directed to include in CBJs the information included in the
Introduction of the Senate report under Congressional Budget
Request and Justifications, as applicable.
The Department of State, USAID, and other agencies funded
by the Act are directed to notify the Committees on
Appropriations of: (1) reprogrammings of funds, as required
by sections 7015 and 7019 of the Act, at the most detailed
level of the CBJ, the Act, or this explanatory statement; (2)
significant departures in funding from the CBJ or the 653(a)
report to be submitted 30 days after enactment of the Act;
and (3) plans for restructuring the department or agency
involving funding or staffing changes in accordance with
section 7081 of the Act.
CBJ documents, and operating and spend plans, shall not
suffice for purposes of satisfying special notification
requirements contained in the Act.
As in prior fiscal years, additional funding designated as
Overseas Contingency Operations/Global War on Terrorism (OCO/
GWOT) pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 (BBEDCA) is contained in title VIII of
the Act. Such funds are intended to address the extraordinary
costs of operations and assistance in countries in conflict
and areas of instability and violence, particularly in the
Middle East, South Asia, and Africa; security, stabilization,
and peacekeeping programs; humanitarian activities; and
counterterrorism and counterinsurgency efforts.
For purposes of the Act, the ``term extremist
organization'' means the Islamic State of Iraq and Syria
(ISIS); organizations affiliated with ISIS; a foreign
organization that is determined to be engaged in terrorist
activity, as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182); and other
entities designated as foreign terrorist organizations
pursuant to section 219 of such Act. The term ``extremist''
means an individual affiliated with an extremist
organization. The term ``extremism'' means the advocacy or
use of violence by such organizations or individuals to
achieve political or religious goals.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The Act provides $9,054,019,000 for Administration of
Foreign Affairs in this title, and an additional
$3,115,849,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. The Act includes a total of
$6,071,348,000 for embassy security in this title and title
VIII, as contained in the table below:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Worldwide Security Protection.............................. 3,756,874
Embassy Security, Construction, and Maintenance............ 2,314,474
------------
Total.................................................. 6,071,348
------------------------------------------------------------------------
DIPLOMATIC AND CONSULAR PROGRAMS
The Act provides $5,744,440,000 for Diplomatic and Consular
Programs in this title, and an additional $2,975,971,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA.
Within the total provided under this heading in this title,
up to $1,380,752,000 is for Worldwide Security Protection
(WSP) and may remain available until expended; and
$4,363,688,000 is for operations, of which $654,553,000 may
remain available until September 20, 2019. Not later than
September 1, 2018, the Secretary of State is directed to
report to the Committees on Appropriations on projected
amounts available for operations beyond fiscal year 2018 by
category and bureau. Title VIII of the Act includes funds for
embassy operations in Afghanistan, Pakistan, and Iraq and
other areas of unrest.
Funds appropriated by the Act for activities, bureaus, and
offices under this heading in this title are allocated
according to the following table:
DIPLOMATIC AND CONSULAR PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Category Authority
------------------------------------------------------------------------
Human Resources............................................ 2,770,673
Worldwide Security Protection.......................... [476,879]
Overseas Programs.......................................... 1,253,799
Diplomatic Policy and Support.............................. 794,561
Security Programs.......................................... 925,407
Worldwide Security Protection.......................... [903,873]
------------
Total...................................................... 5,744,440
------------------------------------------------------------------------
BUREAU/OFFICE
(includes salary and bureau-managed funds)
------------------------------------------------------------------------
------------------------------------------------------------------------
Bureau of Administration
Freedom of Information Act............................. [33,960]
Ambassadors Fund for Cultural Preservation................. 6,250
Cultural Antiquities Task Force............................ 1,000
Bureau of Counterterrorism
Office of Special Presidential Envoy for Hostage [1,250]
Affairs...............................................
Bureau of Democracy, Human Rights, and Labor............... 42,020
Human Rights Vetting................................... [9,000]
Office of International Religious Freedom.............. [6,500]
of which, religious freedom curriculum development..... [500]
Special Envoy to Promote Religious Freedom of Religious [2,000]
Minorities in the Near East and South Central Asia....
Atrocities Prevention Training......................... [500]
Special Advisor for International Disability Rights.... [445]
Bureau of European and Eurasian Affairs
Office of the Special Envoy for Holocaust Issues....... [634]
Bureau of Economic and Business Affairs
Office of Terrorism Financing and Economic Sanctions [6,100]
Policy................................................
Bureau of Oceans and International Environmental and 41,859
Scientific Affairs........................................
Office of the Legal Advisor
Document Review Unit................................... [2,889]
Office to Monitor and Combat Trafficking in Persons........ 13,822
Bureau of Political-Military Affairs
Office of Weapons Removal and Abatement................ [3,570]
Office of the Secretary
Office of Global Women's Issues........................ [5,326]
Office of the Coordinator for Cyber Issues............. [5,497]
Undersecretary for Civilian Security, Democracy, and [2,347]
Human Rights..........................................
Special Coordinator for Tibetan Issues................. [1,000]
Ambassador at Large for Global Criminal Justice........ [3,750]
------------------------------------------------------------------------
Funds allocated for offices and programs under the bureaus
listed in the table under this heading that exceed the 2018
CBJ levels for such offices and programs are in addition to
funds otherwise made available for such bureaus.
The agreement includes sufficient funds to support public
diplomacy programs at not less than the fiscal year 2017
level. In addition, the Secretary of State is directed to
include projected funding levels for public diplomacy in the
operating plan required by section 7076(a) of the Act.
Section 7034(h) of the Act continues a limitation on the
use of funds for the preservation of religious sites as in
prior fiscal years.
Section 7034(l)(1) of the Act extends for one year the
Western Hemisphere Travel Initiative surcharge authority,
which is the same extension of authority included in prior
fiscal years.
Section 7034(l)(4) of the Act continues the Foreign Service
overseas pay comparability authority, but, as in prior fiscal
years, prohibits implementation of the third phase of the
authority.
[[Page H2842]]
Assaults Abroad.--The Foreign Affairs Manual (FAM) sets
forth authorities, responsibilities, and guidelines for
assisting United States citizens and their families who are
victims of sexual assaults and other crimes while traveling
abroad. FAM chapter 7, section 1931.1 directs consular
officers to ``assist victims of crime abroad and their
families in receiving necessary services while still
overseas'', and to ``assist victims in continuing those
services in the United States if appropriate and desired. .
.'' The Secretary of State is directed to remind consular
officers that they can lessen the effects of a crime on
United States victims by the quality and timeliness of their
response. The Secretary shall make officers aware of their
obligation to expeditiously fulfill their responsibilities to
crime victims set forth in FAM chapter 7, sections 1920 and
1930, including ascertaining the status of the police
investigation into the incident and assisting victims in
obtaining a copy of the police report, with translation if
possible.
Chief of Mission Authority.--The Secretary of State shall
exercise existing authorities to strengthen interagency
coordination at United States diplomatic facilities abroad to
gain greater visibility on all United States Government
foreign assistance in a country and region, and to strengthen
the authority of the Chief of Mission.
Conflict Stabilization Operations.--The agreement does not
include the authority for the Bureau of Conflict and
Stabilization Operations (CSO) to use funds made available
under this heading for related reconstruction and
stabilization grants and cooperative agreements. Funds are
included under Economic Support Fund for CSO to support such
activities, subject to the regular notification procedures of
the Committees on Appropriations.
Cultural Property.--The Cultural Properties Implementation
Act requires each State Party seeking or participating in an
MOU with the United States to take measures consistent with
the Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export, and Transfer of Ownership of Cultural
Property to protect its cultural patrimony. In carrying out
section 303(f) of such Act and in lieu of the guidance in the
House and Senate reports, the Cultural Property Advisory
Committee should consider a State Party's expenditures on
securing and inventorying cultural sites and museums among
the criteria used to determine whether a State Party has
taken such measures. The Secretary of State should review the
feasibility of collecting and reporting on such measures
taken by a State Party and be prepared to report on such
review during the hearing process on the fiscal year 2019
budget request.
Eligible Family Member (EFM) Employment.--The agreement
endorses the reporting directive under this heading in the
Senate report concerning cost-savings associated with EFM
employment at diplomatic facilities abroad.
Expanded Professional Associates Program.--The agreement
provides funds under this heading for the Expanded
Professional Associates Program equal to the prior fiscal
year, and the Secretary of State shall consult with the
Committees on Appropriations prior to implementing a
significant deviation from such levels.
Foreign Affairs Security Training Center.--Not later than
45 days after enactment of the Act, the Secretary of State
shall submit to the Committees on Appropriations a progress
report on the Foreign Affairs Security Training Center
project, which shall be updated semi-annually until the
completion the completion of the project. The report shall
include the requirements described under this heading in the
House and Senate reports.
Global Engagement Center (GEC).--The agreement includes up
to $20,000,000 for the GEC for countering foreign state
propaganda and disinformation. Pursuant to section
7015(h)(2)(A) of the Act, the Secretary of State shall
consult with the appropriate congressional committees on the
intended use of such funds, including any funds transferred
or requested to be transferred for such purposes from the
Department of Defense, prior to submitting the notification
required by such section. In addition, not later than 30 days
after enactment of the Act, the Secretary shall submit the
reports related to the GEC referenced under this heading in
the Senate report.
Office to Monitor and Combat Trafficking in Persons.--The
agreement includes $13,822,000 for the Office to Monitor and
Combat Trafficking in Persons for support of activities and
directives described in the House and Senate reports.
Review of Development Finance Activities.--The Secretary of
State, in consultation with the USAID Administrator, the
President of the Overseas Private Investment Corporation
(OPIC), and the heads of other relevant Federal agencies,
shall submit the review required under this heading in the
House report not later than 90 days after enactment of the
Act. The review shall also include recommendations for
enhancing the effectiveness of such programs within the
current organization of executive agencies, and a comparison
of the advantages and disadvantages of all recommendations
made in the review, including in relation to those proposed
in the fiscal year 2019 budget request.
Workforce Diversity Initiatives.--Funds appropriated under
this heading shall continue to be made available for support
of workforce diversity initiatives, at levels commensurate
with prior years, including for fellowships to promote
diversity and excellence in the Foreign Service, such as the
Charles B. Rangel International Affairs Program and the
Thomas R. Pickering Foreign Affairs Fellowship Program.
Worldwide Aviation Support Services.--In lieu of the
requirement in the Senate report for the Department of State
OIG to submit a report on the Worldwide Aviation Support
Services contract, the Assistant Secretary for International
Narcotics and Law Enforcement Affairs shall consult with the
Committees on Appropriations, not later than 90 days after
enactment of the Act, on steps taken by the Department of
State to ensure the security and safety of aviation services
performed under such contract, including in Afghanistan.
CAPITAL INVESTMENT FUND
The Act provides $103,400,000 for Capital Investment Fund,
including $88,400,000 for improving and modernizing
information technology platforms.
OFFICE OF INSPECTOR GENERAL
The Act provides $77,629,000 for Office of Inspector
General (OIG) in this title, of which $11,644,000 may remain
available until September 30, 2019, and an additional
$68,100,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. The Act waives the
requirement of section 209(a)(1) of the Foreign Service Act
of 1980, as included in prior fiscal years.
In addition to the review required by this explanatory
statement under section 7081, the OIG shall review the
current status of the freeze on hiring, including EFM
employment and lateral transfers, and assess the impact of
such freeze during calendar year 2017 on: (1) the day-to-day
function and mission of the Department of State, United
States embassies, and consulates; (2) the safety, welfare,
and morale of Department personnel; and (3) the personnel
costs of the Department. The review shall also examine the
impact of the suspension of EFM employment on embassy and
consulate operations, and on other Federal agencies.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The Act provides $646,143,000 for Educational and Cultural
Exchange Programs, of which not less than $240,000,000 is for
the Fulbright Program and $111,360,000 is for the Citizen
Exchange Program, of which not less than $4,125,000 is for
the Congress-Bundestag Youth Exchange. Funds under this
heading are allocated according to the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Academic Programs:
Fulbright Program...................................... 240,000
Global Academic Exchanges.............................. 63,176
Special Academic Exchanges............................. 16,950
Benjamin Gilman International Scholarship Program.. [12,550]
------------
Subtotal....................................... 320,126
Professional and Cultural Exchanges:
International Visitor Program.......................... 97,765
Citizen Exchange Program............................... 111,360
Congress-Bundestag Youth Exchange.......................... [4,125]
Special Professional and Cultural Exchanges............ 5,575
------------
Subtotal....................................... 214,700
Special Initiatives:
Young Leaders Initiatives.............................. 28,500
Countering State Disinformation and Pressure........... 12,000
------------
Subtotal....................................... 40,500
Program and Performance.................................... 7,383
Exchanges Support.......................................... 63,434
------------
Total...................................... 646,143
------------------------------------------------------------------------
The Secretary of State shall include in the operating plan
required by section 7076(a) of the Act the information listed
under this heading in the House and Senate reports.
Countering State Disinformation and Pressure.--The
agreement includes $12,000,000 in additional funding to
counter state-sponsored disinformation and hybrid threats,
promote democracy, and support exchanges with countries
facing state-sponsored disinformation and pressure campaigns,
particularly in Europe and Eurasia. A portion of the funds
shall be made available through a process whereby the Bureau
of Educational and Cultural Affairs, Department of State,
solicits proposals from posts located in affected countries.
Fulbright Initiatives.--The agreement funds Fulbright
program initiatives in Korea, the Baltic states and Finland,
and Eastern Europe at not less than, and in a manner
consistent with, fiscal year 2017.
Bureau of Educational and Cultural Affairs Staffing.--The
Bureau of Educational and Cultural Affairs, Department of
State, which manages programs funded under this heading, is
currently only staffed at 75 percent of its authorized
personnel level. Under-staffing hinders the effective
implementation and oversight of such programs. The Secretary
of State is directed to report to the Committees on
Appropriations not later than 30 days after enactment of the
Act on a plan to ensure adequate personnel levels to
effectively implement and oversee the funds provided for
exchanges, including a justification for any proposed
reductions to staffing below the authorized level.
Citizen Exchange Program.--Funds made available for the
Citizen Exchange Program are intended for the purposes
described under this heading in the House report.
Special Academic and Professional and Cultural Exchanges.--
The agreement includes funds to continue the Special Academic
Exchanges and Special Professional
[[Page H2843]]
and Cultural Exchanges described in the House and Senate
reports, including the Benjamin Gilman International
Scholarship Program and the Tibetan exchanges and
fellowships.
The agreement includes $2,500,000 under this heading and
$2,500,000 under Development Assistance for grants authorized
by section 211 of the Vietnam Education Foundation Act of
2000, as amended.
REPRESENTATION EXPENSES
The Act provides $8,030,000 for Representation Expenses,
subject to section 7020 of the Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The Act provides $30,890,000 for Protection of Foreign
Missions and Officials.
Section 7034(i) of the Act continues the authority for the
Secretary of State to transfer expired, unobligated balances
from funds made available under Diplomatic and Consular
Programs to this heading.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The Act provides $2,242,696,000 for Embassy Security,
Construction, and Maintenance in this title, of which
$1,477,237,000 is for Worldwide Security Upgrades (WSU) and
$765,459,000 is for other construction, operations, and
maintenance. An additional $71,778,000 is provided in title
VIII under this heading that is designated for OCO/GWOT
pursuant to BBEDCA.
The agreement includes not less than $1,120,000,000 under
this heading for the Department of State share of the Capital
Security and Maintenance Cost Sharing Programs, consistent
with section 7004(c) of the Act. These funds, combined with
an estimated $151,100,000 from consular fee revenue, bring
the total Department of State share for such programs to
$1,271,100,000.
The agreement includes funds for compound security upgrades
and domestic renovations at not less than the fiscal year
2017 level.
Design Excellence.--The Secretary of State shall submit the
report required under this heading in the Senate report
regarding a review of the Department of State's embassy
construction processes and the Excellence approach, which
shall also include a summary of any changes to the Design
Excellence/Excellence approach already implemented. Such
report shall be submitted to the appropriate congressional
committees not later than 180 days after enactment of the
Act.
Diplomatic Facilities in Russia and Tunisia.--Not later
than 45 days after the enactment of the Act, the Secretary of
State shall consult with the Committees on Appropriations
with respect to the funding directives for diplomatic
facilities in Russia and Tunisia included in the Senate
report.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The Act provides $7,885,000 for Emergencies in the
Diplomatic and Consular Service.
REPATRIATION LOANS PROGRAM ACCOUNT
The Act provides $1,300,000 for Repatriation Loans Program
Account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The Act provides $31,963,000 for Payment to the American
Institute in Taiwan.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
The Act provides $743,000 for International Center,
Washington, District of Columbia.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The Act provides $158,900,000 for Payment to the Foreign
Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The Act provides $1,371,168,000 for Contributions to
International Organizations in this title, and an additional
$96,240,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA.
Review of Contributions to International Organizations and
Multilateral Entities.--In lieu of the requirement in the
Senate report under this heading, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall submit a report to the Committees on
Appropriations not later than 90 days after enactment of the
Act that includes: (1) a description of the current tools,
methods, and resources, including personnel, employed by the
Department of State, USAID, the Department of the Treasury,
and other relevant Federal agencies, to assess the value of,
and prioritize contributions to, international organizations
and other multilateral entities; and (2) recommendations for
the development of more effective tools and methods for
evaluating United States participation in, and contributions
to, such organizations and entities, including a review of
the approach and methods specified in the Senate report.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Act provides $414,624,000 for Contributions for
International Peacekeeping Activities in this title, and an
additional $967,456,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to BBEDCA.
Sufficient funds are provided in the agreement for United
States contributions to peacekeeping missions at the
statutory level of 25 percent. Funding for the United States
share of the United Nations Support Office in Somalia is
provided under Peacekeeping Operations in title VIII instead
of under this heading.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The Act provides $48,134,000 for Salaries and Expenses.
CONSTRUCTION
The Act provides $29,400,000 for Construction.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The Act provides $13,258,000 for American Sections,
International Commissions, including $8,052,000 for the
International Joint Commission, $2,304,000 for the
International Boundary Commission, and $2,902,000 for the
Border Environment Cooperation Commission, in the amounts and
for the purposes specified under this heading in the Senate
report.
In addition to the report required under this heading in
the House report, not later than 60 days after enactment of
the Act, the Secretary of State shall submit to the
Committees on Appropriations a report detailing actions taken
to date, and planned for the future, to engage the Government
of Canada to jointly refer for research and study by the
International Joint Commission the proposed deep geologic
repository for nuclear waste in Kincardine, Ontario. The
Secretary of State is directed to include in the report the
diplomatic and legal steps the Department plans to take to
address concerns about the protection of the Great Lakes
water basin and to review alternatives for the proposed
nuclear storage facility that will not place the health,
safety, and economic security of residents of the Great Lakes
basin at risk.
INTERNATIONAL FISHERIES COMMISSIONS
The Act provides $46,356,000 for International Fisheries
Commissions. The agreement provides funding for the purposes
specified under this heading in the Senate report and such
funds are allocated according to the following table:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Commission/Activity Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission............................. 33,290
Lake Champlain Basin................................... [5,000]
Inter-American Tropical Tuna Commission.................... 1,750
Pacific Salmon Commission.................................. 3,685
International Pacific Halibut Commission................... 4,200
Other Marine Conservation Organizations.................... 3,431
------------
Total.............................................. 46,356
------------------------------------------------------------------------
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The Act provides $797,986,000 for International
Broadcasting Operations.
Of the funds made available under this heading, up to
$34,508,000 may remain available until expended for satellite
transmissions and Internet freedom programs, of which not
less than $13,800,000 is for Internet freedom and
circumvention programs. In addition, $1,200,000 is included
within funds provided for Radio Free Asia for the personnel
costs associated with Internet freedom activities, bringing
the total provided for such programs to not less than
$15,000,000. The Broadcasting Board of Governors (BBG) is
directed to include amounts planned for Internet freedom in
fiscal year 2018 as part of the operating plan required by
section 7076(a) of the Act and to describe the planned
activities in the Internet freedom spend plan required by
section 7078(c) of the Act.
Funds under this heading in the Act are allocated according
to the following table:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Entities/Grantees Authority
------------------------------------------------------------------------
Federal Entities:
International Broadcasting Bureau (IBB):
IBB Operations..................................... 58,628
Internet Freedom............................... [13,800]
Office of Technology, Services, and Innovation......... 182,987
Voice of America....................................... 244,894
Office of Cuba Broadcasting............................ 28,936
------------
Subtotal........................................... 515,445
Independent Grantee Organizations:.....................
Radio Free Europe/Radio Liberty........................ 126,821
Radio Free Asia........................................ 44,173
Middle East Broadcasting Networks...................... 111,547
------------
Subtotal........................................... 282,541
------------
Total.......................................... 797,986
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The Act provides $9,700,000 for Broadcasting Capital
Improvements.
RELATED PROGRAMS
The Asia Foundation
The Act provides $17,000,000 for The Asia Foundation.
United States Institute of Peace
The Act provides $37,884,000 for United States Institute of
Peace.
Center for Middle Eastern-Western Dialogue Trust Fund
The Act provides $140,000 from interest and earnings from
the Center for Middle Eastern-Western Dialogue Trust Fund.
Eisenhower Exchange Fellowship Program
The Act provides $158,000 from interest and earnings from
the Eisenhower Exchange Fellowship Program Trust Fund.
[[Page H2844]]
Israeli Arab Scholarship Program
The Act provides $65,000 from interest and earnings from
the Israeli Arab Scholarship Endowment Fund.
East-West Center
The Act provides $16,700,000 for East-West Center.
National Endowment for Democracy
The Act provides $170,000,000 for National Endowment for
Democracy.
Not later than 45 days after enactment of the Act, the
President of the National Endowment for Democracy (NED) is
directed to submit a report to the Committees on
Appropriations on the proposed uses of the funds provided
under this heading on a regional and country basis. The
report should include a description of programmatic goals for
each region and country and how the planned use of funds will
meet such goals. The NED President should consult with such
Committees in advance of any significant deviation from the
plans outlined in such report.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The Act provides $675,000 for Commission for the
Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The Act provides $4,500,000 for United States Commission on
International Religious Freedom (USCIRF), of which $1,000,000
is withheld from obligation until the Commission consults
with the appropriate congressional committees on the steps
taken to implement the recommendations of the Independent
Review of USCIRF Mission Effectiveness that was conducted
pursuant to the United States Commission on International
Religious Freedom Reauthorization Act of 2015 (Public Law
114-71). Additionally, the funds withheld are subject to the
regular notification procedures of the Committees on
Appropriations.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The Act provides $2,579,000 for Commission on Security and
Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The Act provides $2,000,000 for Congressional-Executive
Commission on the People's Republic of China.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The Act provides $3,500,000 for United States-China
Economic and Security Review Commission.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The Act provides $1,189,609,000 for Operating Expenses in
this title, of which $178,441,000 may remain available until
September 30, 2019, and an additional $158,067,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to BBEDCA. Funds for certain programs under this heading are
allocated according to the following table:
OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Mission Authority
------------------------------------------------------------------------
Atrocities Prevention Training............................. 250
USAID Advisor for Indigenous Peoples Issues................ 250
Regional Development Mission for Asia...................... 16,500
------------------------------------------------------------------------
Limited Competition.--The USAID Administrator shall submit
the report required under this heading in the House report
regarding limited competition not later than 45 days after
the enactment of the Act.
Regional Development Mission for Asia.--The agreement
provides $16,500,000 for the operating expenses of the
Regional Development Mission for Asia (RDMA), including
salaries and benefits and other direct costs, which is
consistent with prior fiscal year levels. Any deviation in
operations and personnel for RDMA, including any proposal for
such deviation, shall be subject to the notification
requirements of section 7019 of the Act.
The March 8, 2018 USAID OIG report entitled ``USAID's
Redesign Efforts Have Shifted Over Time'' (Audit Report 9-
000-18-003-P) raises questions about USAID's compliance with
notification and reporting requirements mandated by law, and
decision making processes regarding RDMA's Mission Management
Assessment and the proposed closure of the Mission. While a
review of RDMA is appropriate, particularly its role in
supporting other missions in the region, the mishandling of
this matter caused significant disruption to RDMA personnel,
operations, and programs. The USAID Administrator is directed
to review USAID actions regarding RDMA from November 2016 to
the present, inform the appropriate congressional committees
of specific findings and recommendations, and provide
supporting documents. The review should include consultation
with Department of State personnel at Embassy Bangkok.
The USAID Administrator shall consult with the Committees
on Appropriations prior to informing any mission of a
proposed closure.
Workforce Diversity Initiatives.--Funds appropriated under
this heading shall continue to be made available for support
of workforce diversity initiatives, at levels commensurate
with prior years, including for fellowships to promote
diversity and excellence in the Foreign Service, such as the
Donald M. Payne International Development Graduate Fellowship
Program.
CAPITAL INVESTMENT FUND
The Act provides $197,100,000 for Capital Investment Fund.
The agreement includes not less than $167,500,000 under
this heading for USAID's share of the Capital Security and
Maintenance Cost Sharing Programs, consistent with section
7004(c) of the Act.
OFFICE OF INSPECTOR GENERAL
The Act provides $72,800,000 for Office of Inspector
General, of which $10,920,000 may remain available until
September 30, 2019, and an additional $2,500,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to BBEDCA.
The Act provides up to $2,000,000 to support Office of
Inspector General activities in the West Bank and Gaza:
$1,000,000 is provided under this heading and up to
$1,000,000 is provided pursuant to section 7039. The Act also
provides an additional $2,800,000 under this heading to
support Office of Inspector General activities in
Afghanistan.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The Act provides $8,690,000,000 for Global Health Programs.
Funds under this heading are allocated according to the
following table and subject to section 7019 of the Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Maternal and Child Health.................................. 829,500
Polio.................................................. [51,500]
Maternal and Neonatal Tetanus.......................... [1,000]
The GAVI Alliance...................................... [290,000]
Nutrition (USAID).......................................... 125,000
Micronutrients......................................... [33,000]
of which, Vitamin A.................................... [22,500]
Iodine Deficiency Disorder............................. [2,500]
Vulnerable Children (USAID)................................ 23,000
Blind Children......................................... [3,500]
HIV/AIDS (USAID)........................................... 330,000
Microbicides........................................... [45,000]
HIV/AIDS (Department of State)............................. 5,670,000
The Global Fund to Fight AIDS, Tuberculosis, and [1,350,000]
Malaria...............................................
UNAIDS................................................. [45,000]
Family Planning/Reproductive Health (USAID)................ 523,950
Other Infectious Diseases (USAID).......................... 1,188,550
Global Health Security................................. [72,550]
Malaria................................................ [755,000]
Tuberculosis........................................... [261,000]
of which, Global TB Drug Facility...................... [15,000]
Neglected Tropical Diseases............................ [100,000]
------------
Total.............................................. 8,690,000
------------------------------------------------------------------------
Female Morbidity and Mortality.--Not later than 120 days
after enactment of the Act, the USAID Administrator shall
submit a report to the Committees on Appropriations on the
leading causes of morbidity and mortality of females in low-
income countries by age group from infancy to older age, the
cost of effectively addressing such causes, and an assessment
of the quality and coverage of data in such countries on
female morbidity and mortality.
Repurposed Funds.--Section 7058(d) of the Act repurposes
funds from title IX of division J of Public Law 113-235 for
specific purposes.
DEVELOPMENT ASSISTANCE
The Act provides $3,000,000,000 for Development Assistance.
Funds for certain programs under this heading are allocated
according to the following table and subject to section 7019
of the Act:
DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Global Programs Authority
------------------------------------------------------------------------
Bureau for Food Security................................... 315,960
Community Development Fund............................. [80,000]
Feed the Future Innovation Labs........................ [55,000]
Global Crop Diversity Trust............................ [15,000]
Combating child marriage................................... 11,000
Development Innovation Ventures............................ 23,000
Leahy War Victims Fund..................................... 13,500
Ocean Freight Reimbursement Program........................ 1,500
Reconciliation Programs.................................... 18,000
Trade capacity building.................................... 10,000
USAID Advisor for Indigenous Peoples Issues................ 3,500
Victims of torture......................................... 12,000
Wheelchairs................................................ 5,000
------------------------------------------------------------------------
Domestic Resource Mobilization.--Funds appropriated by the
Act under title III should be made available for USAID to
promote domestic resource mobilization consistent with the
purposes identified in the House and Senate reports. The
USAID Administrator shall consult with the Committees on
Appropriations prior to the obligation of such funds,
including on how eligibility for such assistance will be
determined and how USAID, in consultation with other Federal
agencies, will develop the objectives, monitor the
implementation, and measure the outcomes of such assistance.
[[Page H2845]]
Food Security and Agricultural Development.--Funds provided
to countries for food security and agricultural development
should be made available at levels not less than the prior
fiscal year, particularly for countries with high levels of
food insecurity.
Higher Education.--The agreement includes funds for
partnerships between higher education institutions in the
United States and developing countries to be used for
institutional capacity building, including $15,000,000 for
new partnerships which should be competed and awarded not
later than one year after enactment of the Act. Despite
congressional directives in prior years, USAID has not
sufficiently responded to the demand for higher education
institutional capacity building. Programs should be designed
to ensure that each partnership has sufficient resources and
time to affect meaningful institutional change and should be
awarded on an open and competitive basis. The USAID
Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds made available
for higher education partnerships.
Indigenous Peoples.--The USAID Administrator is directed to
develop, in consultation with the heads of other relevant
Federal agencies and indigenous peoples' organizations, a
USAID policy to guide the Agency in effectively addressing
the rights and needs of indigenous peoples in USAID programs,
projects, and activities. The Administrator shall report to
the Committees on Appropriations on progress in developing
the policy not later than 90 days after enactment of the Act.
Latrines.--In lieu of the directive in the Senate report
regarding latrines, the agreement provides funds to support
initiatives by local communities in developing countries to
build and maintain safe latrines.
Microenterprise and Microfinance.--Not later than 120 days
after enactment of the Act, the USAID Administrator shall
submit a report to the appropriate congressional committees
on the extent to which microenterprise and microfinance
programs have demonstrated sustainable improvements in the
lives of the very poor or of those who are slightly above the
poverty level in developing countries. The report shall
further address, based on the latest evidence, the most
effective approaches to economic empowerment of the poor in
order to provide sustainable pathways out of poverty in such
countries.
INTERNATIONAL DISASTER ASSISTANCE
The Act provides $2,696,534,000 for International Disaster
Assistance in this title, and an additional $1,588,778,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA.
TRANSITION INITIATIVES
The Act provides $30,000,000 for Transition Initiatives in
this title, and an additional $62,043,000 in title VIII under
this heading is designated for OCO/GWOT pursuant to BBEDCA.
COMPLEX CRISES FUND
The Act provides $10,000,000 for Complex Crises Fund in
this title, and an additional $20,000,000 in title VIII under
this heading is designated for OCO/GWOT pursuant to BBEDCA.
Consistent with previous practice, the USAID Administrator
shall have responsibility for the use of funds appropriated
under this heading in this title, in consultation with the
Secretary of State, and the Secretary of State shall have the
responsibility for the use of funds appropriated under this
heading in title VIII.
DEVELOPMENT CREDIT AUTHORITY
The Act includes a $55,000,000 limitation on funds that may
be transferred from other programs in this title to
Development Credit Authority. In addition, $10,000,000 is
provided for administrative expenses, which may be
transferred to, and merged with, Operating Expenses. A
limitation of $1,750,000,000 is included on total loan
principal.
ECONOMIC SUPPORT FUND
The Act provides $1,816,731,000 for Economic Support Fund
in this title, and an additional $2,152,122,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to
BBEDCA. Funds for certain programs under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Global Programs Authority
------------------------------------------------------------------------
Ambassador-at-Large for Global Women's Issues.............. 10,000
Conflict and Stabilization Operations...................... 5,000
Disability Programs........................................ 7,500
Family Planning/Reproductive Health (USAID)................ 51,050
House Democracy Partnership................................ 1,900
Organization of American States............................ 9,000
Polio...................................................... 7,500
Reconciliation Programs.................................... 12,000
Trade capacity building.................................... 10,000
------------------------------------------------------------------------
The agreement provides funding to support the first through
third organizational pillars of the Organization of American
States. Within the total provided under this heading,
$4,000,000 is for programs to strengthen democracy, and
$5,000,000 is for programs to promote and protect human
rights, of which not less than $500,000 is for the Office of
the Special Rapporteur for Freedom of Expression. Such funds
are subject to prior consultation with the Committees on
Appropriations.
Programs that provide policy and technical training to
information communication technology professionals from
developing countries shall be continued at the fiscal year
2017 levels.
DEMOCRACY FUND
The Act provides $215,500,000 for Democracy Fund, of which
$150,375,000 is for the Department of State Human Rights and
Democracy Fund, including $5,000,000 to implement section
7032(i) of the Act, and $65,125,000 is for the USAID Center
of Excellence for Democracy, Human Rights, and Governance.
The Assistant Secretary for Democracy, Human Rights, and
Labor shall consult with the Committees on Appropriations on
the uses of funds provided by the Act for the Human Rights
and Democracy Fund that are above the fiscal year 2016 level.
A portion of funds appropriated by the Act under this
heading may be used by the Bureau of Democracy, Human Rights,
and Labor (DRL), Department of State, and the Bureau for
Democracy, Conflict, and Humanitarian Assistance, USAID, for
costs associated with administering such funds.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The Act provides $750,334,000 for Assistance for Europe,
Eurasia and Central Asia.
The agreement continues the notwithstanding authority
provided in the prior year. Not later than 45 days after
enactment of the Act, the Secretary of State, in coordination
with the USAID Administrator, shall submit a report to the
Committees on Appropriations on the use of such authority
during fiscal year 2017 to include: (1) a description of each
use of such authority, including the activity, purpose, and
dollar amount, if applicable; (2) the provision of law that
was notwithstood; and (3) in the absence of such authority,
the use of an alternative notwithstanding authority that
would have achieved the same result. The report shall include
such information with regard to hiring and personnel matters.
Baltic States.--Funds made available by the Act for the
Countering Russian Influence Fund (CRIF) shall be made
available for the Baltic states for cyber and democracy
programs to counter Russian influence and aggression. The
Secretary of State shall consult with the Committees on
Appropriations on the uses of such funds.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The Act provides $927,802,000 for Migration and Refugee
Assistance in this title, and an additional $2,431,198,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA.
Funds made available under this heading in the Act shall be
administered in accordance with the directive in section
7081(b)(2)(A) of the Act.
Funds made available by the Act should be made available to
address the needs of refugees from Venezuela in Colombia,
including to reduce stress on Colombian health care and other
social welfare systems.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The Act provides $1,000,000 for United States Emergency
Refugee and Migration Assistance Fund. The agreement also
directs the transfer to Migration and Refugee Assistance of
any balances in the Fund that exceed the limitation in
paragraph (2) of section 2(c) of the Migration and Refugee
Assistance Act of 1962.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The Act provides $410,000,000 for Peace Corps.
MILLENNIUM CHALLENGE CORPORATION
The Act provides $905,000,000 for Millennium Challenge
Corporation, including up to $105,000,000 for administrative
expenses.
INTER-AMERICAN FOUNDATION
The Act provides $22,500,000 for Inter-American Foundation.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The Act provides $30,000,000 for United States African
Development Foundation.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The Act provides $30,000,000 for International Affairs
Technical Assistance.
The operating and spend plans required under sections
7076(a) and (b) of the Act shall include estimated program
and administrative costs by fiscal year of appropriation.
TITLE IV--INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The Act provides $950,845,000 for International Narcotics
Control and Law Enforcement in this title, and an additional
$417,951,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. Funds for certain programs
under this heading are allocated according to the following
table and subject to section 7019 of the Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Combating wildlife trafficking....................... 50,000
[[Page H2846]]
Cybercrime and intellectual property rights.......... 10,000
Demand reduction..................................... 12,500
International Law Enforcement Academy................ 27,000
Programs to end modern slavery....................... 25,000
------------------------------------------------------------------------
Combating Wildlife Trafficking.--Funds included to combat
wildlife trafficking should be used to strengthen law
enforcement capacity, further partnerships through regional
and international cooperation, and provide site-based
protection of wildlife. The Secretary of State shall continue
to consult with the Committees on Appropriations on the use
of aircraft for anti-poaching activities, including any
demonstration projects started in the previous fiscal year.
Cybercrime and Intellectual Property Rights.--The agreement
includes $10,000,000 to support the efforts of Federal
agencies to build the capacity of partner nations to combat
cybercrime and strengthen law enforcement in the area of
intellectual property rights. Not later than 45 days after
enactment of the Act and prior to the initial obligation of
funds for such purposes, the Secretary of State is directed
to submit a spend plan to the Committees on Appropriations
for assistance planned under this heading.
International Organized Crime.--The agreement includes
$27,000,000 to further the objectives of Executive Order
13773 on Enforcing Federal Law with Respect to Transnational
Criminal Organizations and Preventing International
Trafficking, which is in addition to funds made available for
combating wildlife trafficking. Not later than 45 days after
enactment of the Act and prior to the initial obligation of
funds for such purposes, the Secretary of State is directed
to submit a spend plan to the Committees on Appropriations
for assistance planned under this heading.
Opioids.--The agreement supports Department of State
programs to combat the production, trafficking, and sale of
heroin, fentanyl, and other opioids. Not later than 90 days
after enactment of the Act, the Secretary of State shall
submit a report to the appropriate congressional committees
that describes the specific activities undertaken or planned
by the Department of State to stop the flow of opioids into
the United States. The report shall also include relevant
information on efforts by other Federal agencies implementing
programs in foreign countries, and steps taken to achieve
such goals by countries in which opioids are produced or
trafficked.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The Act provides $655,467,000 for Nonproliferation, Anti-
terrorism, Demining and Related Programs in this title, and
an additional $220,583,000 in title VIII under this heading
is designated for OCO/GWOT pursuant to BBEDCA. Funds for
certain programs under this heading are allocated according
to the following table and subject to section 7019 of the
Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Nonproliferation programs............................ 292,300
Nonproliferation and Disarmament Fund............ [30,000]
Export Control and Related Border Security....... [60,000]
Global Threat Reduction.......................... [70,000]
International Atomic Energy Agency............... [94,800]
Anti-terrorism programs.............................. 344,750
Anti-terrorism Assistance........................ [182,000]
of which, airport and aviation security.......... [20,000]
Terrorist Interdiction Program................... [36,000]
Counterterrorism financing....................... [12,500]
Counterterrorism Partnerships Fund............... [114,250]
Conventional weapons destruction..................... 189,000
Humanitarian demining............................ [151,500]
------------------------------------------------------------------------
Airport and Aviation Security.--Not later than 45 days
after enactment of the Act and prior to the initial
obligation of funds for such purposes, the Secretary shall
submit a spend plan to the Committees on Appropriations on
the uses of such funds by country and program.
Conventional Weapons Destruction.--In lieu of the
directives under this heading in the House and Senate
reports, the Secretary of State shall conduct an assessment
of programs funded under this heading and submit a report to
the Committees on Appropriations not later than 90 days after
enactment of the Act. For each country that receives
$2,000,000 or more of assistance for conventional weapons
destruction programs, the report shall include: (1) an
explanation of the United States national interest served;
(2) the risk factors and casualty data associated with such
weapons and their proposed removal; (3) the effectiveness of
ongoing programs, including a description of how programs are
evaluated; (4) short and long-term goals, graduation
criteria, and associated metrics; (5) the cooperation of host
governments in program implementation; (6) support for
similar activities from sources other than the United States
Government; and (7) the scale of the conventional weapons
problem in such country that are intended to be addressed by
such assistance. The Secretary of State shall consult with
the Committees on Appropriations prior to conducting such
assessment.
PEACEKEEPING OPERATIONS
The Act provides $212,712,000 for Peacekeeping Operations
in this title, and an additional $325,213,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to
BBEDCA. Funds under this heading are allocated according to
the following table and subject to section 7019 of the Act:
PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Africa..................................................... 326,825
Central African Republic............................... [8,000]
Democratic Republic of the Congo....................... [5,000]
Liberia................................................ [1,000]
Somalia................................................ [253,500]
South Sudan............................................ [25,000]
Africa Regional........................................ [34,325]
of which, Partnership for Regional East Africa [10,000]
Counterterrorism......................................
of which, Africa Conflict Stabilization and Border [8,400]
Security..............................................
of which, Africa Military Education Program............ [3,000]
of which, Africa Maritime Security Initiative.......... [2,000]
of which, Africa Regional Counterterrorism............. [10,000]
Near East.................................................. 31,000
Multinational Force and Observers...................... [31,000]
Political-Military Affairs................................. 180,100
Defense Reform......................................... [5,000]
Trans-Sahara Counterterrorism Partnership.............. [34,100]
Global Peacekeeping Operations Initiative.............. [61,000]
------------------------------------------------------------------------
Total.............................................. 537,925
of which, OCO.................................. [325,213]
------------------------------------------------------------------------
Congressional notifications submitted for funds made
available under Peacekeeping Operations shall continue to
include for each program a description of the type of
equipment, training, or other assistance to be provided, and
the total amount obligated for each such program in fiscal
years 2017 and 2018 at the time of submission of such
notification, on a country-by-country basis to the extent
practicable.
Multinational Force and Observers.--Funds made available by
the Act above the level of the United States contribution are
intended to address ongoing force protection requirements and
emerging needs to protect and sustain the Multinational Force
and Observers mission in the Sinai.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The Act provides $110,875,000 for International Military
Education and Training, of which up to $11,000,000 may remain
available until September 30, 2019.
The agreement includes $1,000,000 for Greece and not less
than the fiscal year 2017 level for Malta. The agreement also
includes $5,000,000 for the Countering Russian Influence
Fund. The agreement does not provide funding under this
heading for Nicaragua.
The Secretary of State is directed to submit the report
described under this heading in the House report concurrently
with the report required by section 7034(b)(7) of the Act.
FOREIGN MILITARY FINANCING PROGRAM
The Act provides $5,671,613,000 for Foreign Military
Financing Program in this title, and an additional
$460,000,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA.
Countering Russian Influence Fund.--Funds made available
for the CRIF under this heading are provided to assist
countries in Europe and Eurasia in enhancing the capacity of
their security forces, including for the modernization of
systems of North Atlantic Treaty Organization partners, such
as Greece. The Secretary of State is directed to consult with
the Committees on Appropriations on the proposed uses of such
funds prior to the submission of the spend plan required by
section 7076(b) of the Act.
Greece.--Not later than 30 days after enactment of the Act,
the Secretary of State, in consultation with the Secretary of
Defense, shall submit a report to the appropriate
congressional committees detailing the proposed upgrades to
the Greek F-16 fighter jet program and recommending specific
actions to be taken to support such upgrades, including with
funds made available under this heading.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The Act provides $339,000,000 for International
Organizations and Programs. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs Authority
------------------------------------------------------------------------
International Chemicals and Toxins Programs................ 3,175
International Civil Aviation Organization.................. 800
International Conservation Programs........................ 7,000
International Development Law Organization................. 400
International Maritime Organization........................ 325
Montreal Protocol Multilateral Fund........................ 31,000
Organization of American States Development Assistance 500
Programs..................................................
Regional Cooperation Agreement on Combating Piracy and 50
Armed Robbery Against Ships in Asia.......................
UN Capital Development Fund................................ 500
UN Children's Fund......................................... 137,500
of which, Combating female genital mutilation programs. [5,000]
UN Democracy Fund.......................................... 3,000
UN Development Program..................................... 80,000
UN Environmental Programs.................................. 10,000
UN High Commissioner for Human Rights...................... 8,500
of which, Honduras..................................... [500]
[[Page H2847]]
of which, Colombia..................................... [1,000]
UN Human Settlements Program............................... 700
UN Office for the Coordination of Humanitarian Affairs..... 2,500
UN Population Fund......................................... 32,500
UN Special Representative of the Secretary-General for 1,750
Sexual Violence in Conflict...............................
UN Trust Fund to End Violence Against Women................ 1,000
UN Voluntary Fund for Technical Cooperation in the Field of 1,150
Human Rights..............................................
UN Voluntary Fund for Victims of Torture................... 6,550
UN Women................................................... 8,500
World Meteorological Organization.......................... 1,000
World Trade Organization Technical Assistance.............. 600
------------------------------------------------------------------------
Total.................................................. 339,000
------------------------------------------------------------------------
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The Act provides $139,575,000 for Global Environment
Facility.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The Act provides $1,097,010,000 for Contribution to the
International Development Association.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The Act provides $47,395,000 for Contribution to the Asian
Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The Act provides $32,418,000 for Contribution to the
African Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The Act provides $507,860,808 for Limitation on Callable
Capital Subscriptions.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The Act provides $171,300,000 for Contribution to the
African Development Fund.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The Act provides $30,000,000 for Contribution to the
International Fund for Agricultural Development.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
The Act does not include an appropriation for a
contribution to the Global Agriculture Food Security Program
(GAFSP), which has remaining balances available from prior
appropriations Acts for such contribution. The Secretary of
the Treasury shall continue the 2012 pledge to provide to
GAFSP $1 for every $2 in contributions from other donors,
utilizing such prior year balances.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The Act provides $5,700,000 for Inspector General for the
Export-Import Bank of the United States, of which $855,000
may remain available until September 30, 2019.
ADMINISTRATIVE EXPENSES
The Act provides $110,000,000 for Administrative Expenses
for the Export-Import Bank of the United States, of which
$16,500,000 may remain available until September 30, 2019.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Act provides $79,200,000 for Noncredit Account of the
Overseas Private Investment Corporation.
PROGRAM ACCOUNT
The Act provides $20,000,000 for Program Account of the
Overseas Private Investment Corporation.
In lieu of the directive on monthly reports in the House
report, OPIC shall submit the confidential annex on a
quarterly basis for the current year to the Committees on
Appropriations not later than 30 days after the end of each
quarter, including the amounts of principal and subsidy
obligated or deobligated by date and the remaining
unobligated balances of resources and the statutory cap. This
quarterly report is in addition to the annual confidential
annex.
The efforts made by the OPIC President and the USAID
Inspector General to successfully reach a long-term inter-
agency agreement for continued oversight of OPIC are
commendable. In support of such agreement, not less than
$1,000,000 under this heading shall be allocated to reimburse
the USAID OIG for costs for fiscal year 2018 oversight
activities.
TRADE AND DEVELOPMENT AGENCY
The Act provides $79,500,000 for Trade and Development
Agency.
TITLE VII
GENERAL PROVISIONS
The following general provisions are continued in the Act
substantively unchanged from the fiscal year 2017 Act
(division J of Public Law 115-31):
Section 7001. Allowances and Differentials
Section 7002. Unobligated Balances Report
Section 7003. Consulting Services
Section 7005. Personnel Actions
Section 7007. Prohibition Against Direct Funding for Certain
Countries
Section 7008. Coups d'Etat
Section 7009. Transfer of Funds Authority
Section 7012. Limitation on Assistance to Countries in
Default
Section 7014. Reservations of Funds
Section 7016. Notification on Excess Defense Equipment
Section 7018. Prohibition on Funding for Abortions and
Involuntary Sterilization
Section 7020. Representation and Entertainment Expenses
Section 7021. Prohibition on Assistance to Governments
Supporting International Terrorism
Section 7022. Authorization Requirements
Section 7023. Definition of Program, Project, and Activity
Section 7024. Authorities for the Peace Corps, Inter-American
Foundation and United States African Development
Foundation
Section 7025. Commerce, Trade and Surplus Commodities
Section 7026. Separate Accounts
The USAID Administrator is directed to include the report
on local currency in the congressional budget justification
pursuant to subsection (a)(5).
Section 7027. Eligibility for Assistance
Section 7028. Local Competition
Section 7029. International Financial Institutions
Section 7030. Debt-for-Development
Section 7035. Arab League Boycott of Israel
Section 7036. Palestinian Statehood
Section 7037. Restrictions Concerning the Palestinian
Authority
Section 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation
Section 7040. Limitation on Assistance for the Palestinian
Authority
Section 7047. War Crimes Tribunals
Section 7049. Community-Based Police Assistance
Section 7050. Disability Programs
Section 7051. International Conferences
Section 7052. Aircraft Transfer, Coordination, and Use
Section 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments
Section 7054. Landmines and Cluster Munitions
Section 7055. Prohibition on Publicity or Propaganda
Section 7056. Continuous Supervision and General Direction of
Economic and Military Assistance
Section 7057. United States Agency for International
Development Management
Section 7061. Overseas Private Investment Corporation
Section 7062. Arms Trade Treaty
Section 7063. Inspectors General
Section 7064. Reporting Requirements Concerning Individuals
Detained at Naval Station, Guantanamo Bay, Cuba
Section 7065. Multi-Year Pledges
Section 7066. Prohibition on the Use of Torture
Section 7067. Extradition
The Act continues the limitation on assistance for the
central government of a country that refuses to extradite to
the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment
without parole or for killing a law enforcement officer, as
specified in a United States extradition request. The
Secretary of State is directed to engage with foreign
governments not covered by section 7067 of the Act, such as
the Government of Cuba, to resolve cases of fugitives from
justice, including persons sought by the United States
Department of Justice for such crimes committed in the United
States, such as Joanne Chesimard.
Section 7068. Commercial Leasing of Defense Articles
Section 7071. International Monetary Fund
Section 7072. Special Defense Acquisition Fund
Section 7074. Enterprise Funds
Section 7075. Use of Funds in Contravention of this Act
Section 7079. Impact on Jobs in the United States
Section 7082. United Nations Population Fund
The following general provisions are new or substantively
modified from the fiscal year 2017 Act (division J of Public
Law 115-31):
Section 7004. Diplomatic Facilities (Modified)
Subsection (c) includes a new requirement that funds
appropriated by the Act that are made available for Federal
agencies shall be made available for the Capital Security
Cost Sharing Program and the Maintenance Cost Sharing Program
at levels not less than the prior fiscal year.
Subsection (h) directs that the Secretary of State not
grant final approval for the construction of a new facility
or substantial construction to improve or expand an existing
facility in the United States by or for the Government of the
People's Republic of China (PRC) until the Secretary
certifies that the PRC permits secure resupply, maintenance,
and new construction of United States Government facilities
in the PRC.
Subsection (i) conditions a portion of assistance for the
Government of the Democratic Republic of the Congo until the
Secretary of State certifies that such Government has vacated
the property purchased by the United States in Kinshasa for
the construction of a New Embassy Compound.
Subsection (j) adds the New Delhi Embassy project to the
reporting directive carried in prior years.
Section 7006. Department of State Management (Modified)
The report required in subsection (c) shall include a
description of the criteria used by the Secretary of State to
certify that an office or bureau is capable of managing and
overseeing foreign assistance, and a brief description of the
technical training required
[[Page H2848]]
by the Department of State for personnel involved in such
activities. The report should also include a summary of each
open recommendation from the Department of State Office of
Inspector General related to oversight and management of
foreign assistance for such bureau or office and the
respective timelines and actions planned to close such
recommendations.
The plan and timeline required in paragraph (3) shall be
submitted to the Committees on Appropriations.
Section 7010. Prohibition on Certain Operational Expenses
(Modified)
Section 7011. Availability of Funds (Modified)
Section 7013. Prohibition on Taxation of United States
Assistance (Modified)
The report required to be submitted by the Secretary of
State pursuant to subsection (h) shall include a description
of the steps taken by the Department of State and other
relevant Federal agencies to comply with the requirements of
this section. The report shall include rules, regulations,
and policy guidance issued and updated pursuant to subsection
(f).
Section 7015. Notification Requirements (Modified)
Trust Funds.--In lieu of the notification requirements in
the House report for certain trust funds, notifications
submitted pursuant to subsection (g), including for funds
made available for the Women Entrepreneurs Finance
Initiative, shall include the following information: (1) the
office or bureau at the Department of the Treasury and USAID
or the Department of State that will oversee programs and
expenditures of the trust fund; (2) the Web site link to
publicly available expenditures of the trust fund; (3) a copy
of the administrative agreement between the international
financial institution and the United States; and (4) whether
direct government assistance will be provided by the trust
fund and specific risk mitigation and anti-corruption steps
are being taken by the trust fund.
Programs to End Modern Slavery.--The notification
requirement for programs to end modern slavery in subsection
(h)(2)(G) shall not apply to funds made available pursuant to
section 7060(f).
Section 7017. Limitation on Availability of Funds for
International Organizations and Programs (Modified)
Section 7019. Allocations and Reports (Modified)
The Act continues the requirement, with certain exceptions
and in accordance with the terms and conditions of the Act,
that amounts designated in the respective tables referenced
in the explanatory statement accompanying the Act shall be
made available in such designated amounts and shall be the
basis of the 653(a) report, where applicable.
Section 7031. Financial Management and Budget Transparency
(Modified)
The waiver authority provided in subsection (c)(3) may only
be exercised with respect to an individual.
Section 7032. Democracy Programs (Modified)
Funds.--The Act provides a total of not less than
$2,308,517,000 for democracy programs. The spend plan
required pursuant to section 7076(b) for such programs should
include regions and global programs at not less than the
following levels: $314,271,000 for Africa; $147,130,000 for
East Asia and the Pacific; $218,141,000 for Europe and
Eurasia; $280,111,000 for Near East; $517,426,000 for South
and Central Asia; $551,245,000 for Western Hemisphere; and
$280,193,000 for global programs. Funds made available for
democracy programs in Africa are also designated in the Other
Assistance for Africa table under section 7042 of this
explanatory statement.
Funds made available pursuant to this section are not
intended for attribution to other sector or program
directives included in the Act.
Authority.--The Secretary of State and USAID Administrator
shall only apply the authority of subsection (b) to funds
attributed to democracy programs pursuant to subsection (a)
and to funds made available to the NED.
Current Practices.--For the purposes of subsection (f), the
term civil society includes the program area Independent
Media and Free Flow of Information.
Not later than September 30, 2018, the USAID Administrator
shall submit to the appropriate congressional committees a
report on the use of acquisition and assistance instruments
for democracy programs, which shall include: (1) the
assessment being conducted by USAID as a result of the
recommendation of the United States Government Accountability
Office report GAO-18-136 Democracy Assistance; and (2) an
assessment of implementation of the Amplifying Guidance for
Democracy, Human Rights, and Governance programs.
Bureau of Democracy, Human Rights, and Labor, Department of
State.--Subsection (a)(2) provides that DRL shall administer
not less than the amount of democracy funds made available by
the Act under Economic Support Fund and Assistance for
Europe, Eurasia and Central Asia as DRL administered in
fiscal year 2017.
In order to more accurately track funds administered by
DRL, including funds made available for specific directives,
the Secretary of State shall identify in the 653(a) report
the amount of funds, at the country or program level, as
appropriate, to be administered by DRL under Economic Support
Fund, Democracy Fund, and Assistance for Europe, Eurasia and
Central Asia.
Protection of Civil Society Activists and Journalists.--
Subsection (i) requires an action plan to address how
diplomatic engagement and foreign assistance will be used in
a proactive and consistent manner to support and protect
members of civil society, including democratic activists,
human rights and environmental defenders, and independent
journalists who have been threatened, harassed, or attacked
for exercising their rights of free expression, association,
or assembly. DRL shall develop the plan in coordination with
other relevant bureaus and offices of the Department of State
and USAID, and in consultation with representatives of civil
society and independent media organizations whose members
have been threatened, harassed, or attacked. The action plan
should include an analysis of current programs that work with
civil society actors in restrictive environments to increase
their protection, provide legal assistance and emergency
training, and identify gaps where greater support and
protection are possible.
Funds made available pursuant to this subsection are in
addition to amounts allocated for such purposes in fiscal
year 2017. Prior to the obligation of such funds, the
Secretary of State shall consult with the Committees on
Appropriations on: (1) the proposed allocations by bureau and
office; and (2) proposed activities to implement the plan,
including to enhance the security of such activists and
journalists, support the enactment of laws to protect
fundamental freedoms and the rights of civil society and
independent media organizations to operate, and increase
public awareness about the legitimate role of such
organizations in society.
Section 7033. International Religious Freedom (Modified)
The Act provides not less than $25,000,000 for
international religious freedom programs, including to
protect vulnerable and persecuted religious minorities.
Transitional justice programs should support the efforts of
entities, including nongovernmental organizations, to assist
in addressing crimes of genocide, crimes against humanity, or
war crimes, including in Iraq, Syria, Sri Lanka, and Burma.
Pursuant to subsection (d), funds for atrocities prevention
shall be derived in the following manner: $2,500,000 under
Economic Support Fund and $2,500,000 under International
Narcotics Control and Law Enforcement.
The agreement includes not less than $1,000,000 for
programs to combat anti-Semitism abroad.
Section 7034. Special Provisions (Modified)
The Secretary of State has not submitted several reports
required by section 7034(b)(8) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31). The Secretary of
State is directed to submit such reports not later than 30
days after the enactment of the Act.
The agreement does not include a requirement for the
Secretary of State to withhold assistance to the central
government of a country if the Secretary determines that such
government has engaged in, planned, or facilitated
unconventional attacks against United States personnel
stationed abroad. However, the Secretary shall regularly
brief the appropriate congressional committees on embassy
security matters, including unconventional attacks, as
appropriate.
Of the funds made available pursuant to subsection
(b)(4)(A), funds shall be made available for such programs in
Colombia, El Salvador, Guatemala, Iraq, Sri Lanka, and Syria.
In addition to the directives in subsection (k), and with
respect to the implementation of section 203(a)(2) of Public
Law 110-457, the Secretary of State shall consider the
following as sufficient to determine that a diplomatic
mission ``tolerated such actions'': the failure to provide a
replacement passport within a reasonable period of time to a
T-visa recipient; the existence of multiple concurrent civil
suits against members of the diplomatic mission; or the
failure to satisfy a civil judgment against an employee of
the diplomatic mission.
Subsection (o)(2) includes Egypt, Jordan, and Tunisia.
Subsection (p) renames the Small Grants Program as Local
Works. The USAID Administrator is directed to comply with the
directives under the heading Local Sustainable Awards Program
(LSAP) in this section and under the heading Local
Sustainable Development Officers under Operating Expenses in
the Senate report, except that each reference to LSAP and to
the Small Grants Program shall be considered a reference to
Local Works.
Section 7039. Assistance for the West Bank and Gaza (Modified)
For the purposes of subsection (c)(1)(A), the prohibition
shall include any funds provided to family members of
Palestinians who commit or have committed acts of terrorism
if the purpose of providing such funds is to recognize or
otherwise honor the individual who commits or has committed
such acts.
Section 7041. Middle East and North Africa (Modified)
Egypt.--Funds for Egypt are allocated according to the
following table and subject to section 7019 of the Act:
[[Page H2849]]
EGYPT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 112,500
International Narcotics Control and Law Enforcement........ 2,000
Nonproliferation, Anti-terrorism, Demining and Related 3,000
Programs..................................................
International Military Education and Training.............. 1,800
Foreign Military Financing Program......................... 1,300,000
------------
Total.............................................. 1,419,300
------------------------------------------------------------------------
The Act provides not less than $10,000,000 for Egyptian
students with high financial need to attend not-for-profit
institutions of higher education. Such institutions must meet
standards equivalent to those required for United States
institutional accreditation by a regional accrediting agency
recognized by the United States Department of Education.
For the purpose of the certification required under
subsection (a)(3)(A)(v), such cases include the murder of
Giulio Regeni.
The agreement requires that an assessment of the Government
of Egypt's compliance with United Nations Security Council
Resolution 2270 and other such resolutions regarding North
Korea be included in the report required to accompany any
waiver exercised by the Secretary of State pursuant to
subsection (a)(3)(B). Illicit arms sales and trafficking are
a source of significant revenue for the North Korean regime
and present an increasing threat to United States national
security and global stability.
Iraq.--Funds are made available to support American-style
higher education institutions in Iraq, including in the
Kurdistan region, on an open and competitive basis. American
educational institutions play an important role in educating
the next generation of leaders in the region, countering
extremism, strengthening democracy, and encouraging economic
opportunities. The Secretary of State or USAID Administrator,
as appropriate, shall include funds allocated for this
purpose in the spend plan submitted pursuant to section
7076(b) of the Act.
Jordan.--In addition to the amounts designated in the Act
for Economic Support Fund and Foreign Military Financing
Program for assistance for Jordan, the agreement includes not
less than $13,600,000 under Nonproliferation, Anti-terrorism,
Demining and Related Programs and not less than $4,000,000
under International Military Education and Training for
assistance for Jordan.
Lebanon.--In meeting the reporting requirement on Lebanon
in the House report under Foreign Military Financing Program,
the Secretary of State shall also include an assessment of
the capability and performance of the Lebanese Armed Forces
over time in carrying out each of the purposes contained in
subsection (e)(4).
Libya.--No funds were requested for lethal assistance for
Libya, and none are provided in the Act. In submitting the
certification required by subsection (f)(3), the Secretary of
State is directed to include a description of how regular
oversight will be provided by the Department of State and
USAID, as well as a detailed description of the vetting
procedures used for recipients of any assistance made
available by the Act for security forces.
Morocco.--Funds for Morocco are allocated according to the
following table and subject to section 7019 of the Act:
MOROCCO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund..................................... 20,000
International Narcotics Control and Law Enforcement........ 5,000
Nonproliferation, Anti-terrorism, Demining and Related 1,500
Programs..................................................
International Military Education and Training.............. 2,000
Foreign Military Financing Program......................... 10,000
------------
Total.............................................. 38,500
------------------------------------------------------------------------
Refugee Assistance in North Africa.--In lieu of the
statements regarding United Nations Security Council
Resolution 2351 in the House and Senate reports, subsection
(h) includes a reporting requirement regarding the delivery
of humanitarian assistance to refugees in North Africa.
Relief and Recovery Fund.--The agreement includes the
following amounts for the Relief and Recovery Fund:
$25,000,000 under International Narcotics Control and Law
Enforcement; $50,000,000 under Nonproliferation, Anti-
terrorism, Demining and Related Programs; $80,000,000 under
Peacekeeping Operations; $75,000,000 under Foreign Military
Financing Program; and $270,000,000 under Economic Support
Fund, which includes funds for assistance for Libya, Syria,
and Yemen. Not later than 45 days after enactment of the Act,
and every 90 days thereafter until September 30, 2019, the
Secretary of State and USAID Administrator shall submit a
consolidated report to the Committees on Appropriations
containing updated information on obligations and
expenditures of such funds on a country and program basis.
Funds made available for the Relief and Recovery Fund shall
be made available for stabilization assistance for vulnerable
ethnic and religious minority communities affected by
conflict. The Secretary of State and USAID Administrator
should consider the stabilization needs of such communities
in Iraq and Syria, such as in the Nineveh Plains, Tel Afar,
and Sinjar areas of Iraq, when making decisions on the
allocation of funds. Funds should also support programs that
are locally-led and intended to promote sustainable
development.
The Secretary of State shall consult with the Committees on
Appropriations prior to exercising the transfer authority
contained in subsection (j)(1). Funds made available pursuant
to subsection (j)(2) are made available to support the
efforts of entities, including nongovernmental organizations,
to assist in addressing genocide, crimes against humanity,
and war crimes in Iraq and Syria, including through programs
to assist in the conduct of criminal investigations, to
develop local investigative and judicial skills, and to
collect and preserve evidence and the chain of custody of
evidence. Funds made available pursuant to this subsection
are in addition to funds under section 7033(b)(4).
The uses of funds for the Relief and Recovery Fund shall be
made available in consultation with the Chief of Mission in a
recipient country, if a diplomatic presence exists in such
country.
Syria.--The agreement includes funds for non-lethal
assistance programs to address the needs of civilians
affected by conflict in Syria in a manner consistent with the
prior fiscal year. Such funds are made available for programs
in areas not controlled by the Government of Syria.
Tunisia.--The Act provides not less than $165,400,000 for
assistance for Tunisia. Such funds are allocated according to
the following table and subject to section 7019 of the Act:
TUNISIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund..................................... 79,000
International Narcotics Control and Law Enforcement........ 13,000
Nonproliferation, Anti-terrorism, Demining and Related 6,100
Programs..................................................
International Military Education and Training.............. 2,300
Foreign Military Financing Program......................... 65,000
------------
Total.............................................. 165,400
------------------------------------------------------------------------
The Secretary of State and USAID Administrator, as
appropriate, shall encourage the National Economic Strategic
Dialogue to include discussion of governance reforms.
Of the funds appropriated by the Act for assistance for
Tunisia, not less than $30,800,000 shall be made available
for democracy and governance programs, including to support
implementation of Tunisia's Law on Eliminating Violence
Against Women.
Other Assistance for the Middle East and North Africa.--
Funds for certain programs for the Middle East and North
Africa are allocated according to the following table and
subject to section 7019 of the Act:
OTHER ASSISTANCE FOR THE MIDDLE EAST AND NORTH AFRICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund:
Iraq................................................... 100,000
Marla Ruzicka Iraqi War Victims Fund............... [7,500]
Lebanon................................................ 115,000
Scholarships....................................... [12,000]
Middle East Partnership Initiative scholarship program. 20,000
Middle East Regional Cooperation....................... 5,000
Near East Regional Democracy........................... 42,000
Relief and Recovery:
Refugee Scholarships Pilot Program in Lebanon...... [2,000]
International Narcotics Control and Law Enforcement:
West Bank security assistance.......................... 60,000
Foreign Military Financing Program:
Iraq................................................... 250,000
------------------------------------------------------------------------
Refugee Scholarships.--The agreement provides $2,000,000 to
continue a university scholarship program for refugees in
Lebanon. Consistent with the Lebanon scholarship program,
scholarships shall be for students with high financial need
at not-for-profit educational institutions in Lebanon that
meet standards comparable to those required for United States
accreditation, to be awarded on a competitive basis. The
USAID Administrator shall ensure that refugees in Lebanon of
any nationality, including those attending public or private
secondary schools, are eligible to apply for such
scholarships.
Section 7042. Africa (Modified)
Partnership for Regional East Africa Counterterrorism.--
Funds for the Partnership for Regional East Africa
Counterterrorism are allocated according to the following
table and subject to section 7019 of the Act:
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 2,000
International Narcotics Control and Law Enforcement........ 1,000
Nonproliferation, Anti-terrorism, Demining and Related 11,150
Programs..................................................
Peacekeeping Operations.................................... 10,000
------------
Total.................................................. 24,150
------------------------------------------------------------------------
Trans-Sahara Counterterrorism Partnership.--Funds for the
Trans-Sahara Counterterrorism Partnership are allocated
according to the following table and subject to section 7019
of the Act:
[[Page H2850]]
TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance..................................... 15,275
Economic Support Fund...................................... 10,000
International Narcotics Control and Law Enforcement........ 6,000
Nonproliferation, Anti-terrorism, Demining and Related 18,446
Programs..................................................
Peacekeeping Operations.................................... 34,100
------------
Total.................................................. 83,821
------------------------------------------------------------------------
Ethiopia.--The report submitted pursuant to subsection
(d)(3) shall include: (1) a detailed description of the role
and conduct of the Ethiopian National Defense Force (ENDF) in
internal security, including under the state of emergency
declared in February 2018; (2) the impact of such role and
conduct on United States assistance programs, including any
intended changes to the content of such programs; (3) any
plans for the United States to partner with other countries
to advance security sector objectives in Ethiopia; and (4) a
description of the role of the ENDF in Somalia.
South Sudan.--Due to mass displacement and the absence of a
constitutional framework necessary to support credible
elections, no funds are provided for electoral assistance for
South Sudan.
The strategy update required under subsection (h)(1) shall
include a description of steps taken, or intended to be
taken, by the United States, in cooperation with the
international community, to restrict the influx of weapons
and ammunition into South Sudan, including with regard to
countries named by the Panel of Experts as having facilitated
arms transfers to South Sudan.
Assistance made available under title IV of the Act for the
central Government of South Sudan pursuant to subsection
(h)(3) should only be made available for monitoring the peace
process and the verification of a ceasefire and to continue,
but not expand, assistance previously provided by the United
States, unless the Secretary of State determines and reports
to the Committees on Appropriations that such government is
in compliance with a comprehensive ceasefire agreement,
including providing unimpeded access for ceasefire monitors,
and that such assistance will be made available to support
entities that are inclusive of all relevant stakeholders.
Zimbabwe.--The agreement continues the prior year
limitation on assistance, including international financing,
for the central Government of Zimbabwe. The Secretary of
State is directed to work with other donor governments to
advocate for similar limitations on assistance for Zimbabwe
until fundamental rights are being respected, including
freedom of expression, association, and assembly, due
process, and the holding of free and fair elections.
The Secretary of the Treasury and the Secretary of State
shall consult with the Committees on Appropriations not later
than 15 days prior to exercising an exception pursuant to
subsection (j)(1).
The agreement includes not less than the fiscal year 2017
level for programs to promote democracy and protect human
rights in Zimbabwe, which should include efforts to build the
capacity of political parties.
Other Assistance for Africa.--Funds for certain programs
for Africa are allocated according to the following table and
subject to section 7019 of the Act:
OTHER ASSISTANCE FOR AFRICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance:
Liberia................................................ 65,439
Malawi higher education................................ 10,000
Economic Support Fund:
Counter Lord's Resistance Army (section 7042(f))....... 10,000
Democratic Republic of the Congo....................... 75,188
Djibouti............................................... 9,000
West Africa anti-slavery programs...................... 2,000
International Narcotics Control and Law Enforcement:
Liberia................................................ 11,000
Africa Democracy Programs (section 7032(a))................ 314,271
Cameroon............................................... 1,000
Chad................................................... 1,000
------------------------------------------------------------------------
Funds for West Africa anti-slavery programs are derived
from within bilateral country and regional programs.
Section 7043. East Asia and the Pacific (Modified)
Burma.--Funds for Burma are allocated according to the
following table and subject to section 7019 of the Act:
BURMA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 82,700
Documentation of human rights violations against [2,500]
Rohingya..............................................
Documentation of human rights violations in Burma.. [500]
International Narcotics Control and Law Enforcement........ 3,500
------------------------------------------------------------------------
In considering programs pursuant to subsection
(a)(1)(B)(xii) to support the return of Rohingya, Karen, and
other ethnic minorities that have been displaced, the
Secretary of State shall ensure that: (1) such returns are
verifiably of a voluntary nature; (2) such returnees are
guaranteed equal rights with others in Burma, including the
restoration or granting of full citizenship, freedom of
movement and access to basic services in such locations, and
are not placed in internment camps; (3) such locations are
free from ethnic violence, and the root causes of unrest are
addressed, consistent with the Rakhine Advisory Commission
recommendations (for the return of Rohingya) to ensure the
sustainability of returns and prevent further displacement;
(4) such programs are implemented in a credible and
transparent manner; and (5) international and local media
organizations, including the United Nations High Commissioner
for Refugees and the Office of the United Nations High
Commissioner for Human Rights, have unimpeded access to
monitor all areas of return.
For purposes of this section, displaced Rohingya should be
considered refugees regardless of their legal status in their
current location.
Cambodia.--The report on the electoral environment in
Cambodia in the Senate report is no longer required.
North Korea.--The agreement includes the following amounts
for human rights programs pursuant to subsection (c)(4)(A),
to be administered by DRL: $4,000,000 under Economic Support
Fund and $4,000,000 under Democracy Fund.
People's Republic of China.--The Secretary of State and
USAID Administrator are directed to provide no assistance to
the central Government of the PRC under Global Health
Programs, Development Assistance, and Economic Support Fund,
except for assistance to detect, prevent, and treat
infectious diseases.
The Secretary of State, in consultation with the Secretary
of Defense, shall brief the appropriate congressional
committees as requested on freedom of navigation and
operations in the South China Sea.
Philippines.--The agreement includes funds under title III
for USAID to support the implementation by the Philippine
Department of Health and local entities of a national and
community based drug treatment and demand reduction program,
including for the purposes enumerated in the Senate report.
Such funds shall be made available on a cost-matching basis,
to the maximum extent practicable, and following consultation
with the appropriate congressional committees.
The Secretary of State shall comply with the reporting
requirement in Senate Report 114-79 under Foreign Military
Financing Program with respect to certain actions by the
Government of the Philippines.
Thailand.--Funds for Thailand under Economic Support Fund
are allocated according to the following table and subject to
section 7019 of the Act:
THAILAND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund:
Democracy and conflict resolution programs............. 4,000
------------------------------------------------------------------------
The Secretary of State shall consult with the Committees on
Appropriations prior to the obligation of assistance for
Thailand.
Tibet.--For purposes of the 653(a) report, spend plans, and
notifications, the Department of State and USAID shall
differentiate assistance made available by the Act for Tibet
from any such assistance made available for the People's
Republic of China.
USAID Regional Development Mission for Asia.--Program funds
for RDMA are allocated according to the following table and
subject to section 7019 of the Act:
USAID REGIONAL DEVELOPMENT MISSION FOR ASIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 35,440
Economic Support Fund...................................... 5,000
------------------------------------------------------------------------
Vietnam.--Funds for certain programs for Vietnam are
allocated according to the following table and subject to
section 7019 of the Act:
VIETNAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 55,250
International Narcotics Control and Law Enforcement........ 6,000
Nonproliferation, Anti-terrorism, Demining and Related 12,500
Programs Humanitarian demining............................
Foreign Military Financing Program......................... 12,000
------------------------------------------------------------------------
Other Assistance for East Asia and the Pacific Region.--
Funds for certain programs in East Asia and the Pacific are
allocated according to the following table and subject to
section 7019 of the Act:
OTHER ASSISTANCE FOR EAST ASIA AND THE PACIFIC REGION
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Global Health Programs:
Laos nutrition programs................................ 3,500
Development Assistance:
Laos................................................... 20,000
Timor-Leste............................................ 16,000
Philippines............................................ 70,000
Economic Support Fund:
People's Republic of China (democracy, rule of law, and 15,000
environment)..........................................
International Narcotics Control and Law Enforcement:
Indonesia.............................................. 10,625
[[Page H2851]]
Laos................................................... 1,000
Southeast Asia Maritime Security Initiative............ 7,750
Nonproliferation, Antiterrorism, Demining and Related
Programs:
Laos humanitarian demining............................. 30,000
Foreign Military Financing Program:
Indonesia.............................................. 14,000
Mongolia............................................... 2,600
------------------------------------------------------------------------
Section 7044. South and Central Asia (Modified)
Afghanistan.--The Secretary of State shall submit the
report required by section 7044(a)(1)(B) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31),
in the manner described.
In making the certification in subsection (a)(1)(B), the
Secretary shall consider, for each requirement, whether
progress has been made during the previous calendar year.
In lieu of the House and Senate reports regarding
assistance provided to the Afghanistan Reconstruction Trust
Fund, the Secretary of State, in consultation with the USAID
Administrator, shall submit a report to the Committees on
Appropriations not later than 90 days after enactment of the
Act on progress made with respect to the monitoring of such
assistance, including the extent to which information
obtained through such monitoring is shared with the United
States Government.
The Secretary of State, in consultation with the USAID
Administrator, shall ensure sufficient funding for the safety
and security of soft targets in Afghanistan, including the
American University of Afghanistan.
Of the funds provided under International Narcotics Control
and Law Enforcement for assistance for Afghanistan, not less
than $10,000,000 is for programs to significantly increase
the recruitment, training, and retention of women in law
enforcement positions and in the judiciary, and to train
Afghan security personnel to prevent and address gender-based
violence, human trafficking, and other practices that
disproportionately harm women and girls. The Secretary of
State is directed to consult with the Committees on
Appropriations prior to the obligation of such funds.
The Special Inspector General for Afghanistan
Reconstruction, in consultation with the offices of the
Inspectors General of the Department of State and USAID,
shall update the assessment required by the explanatory
statement accompanying division J of Public Law 115-31 of the
Government of Afghanistan's implementation of the
``Afghanistan National Strategy for Combating Corruption,''
including whether such government is making progress toward
achieving its anti-corruption objectives.
Maldives.--The agreement provides $1,500,000 for civil
society programs to counter violent extremism in the
Maldives, to be administered by USAID.
Pakistan.--In submitting the information required in
subsection (c)(1)(B), the Secretary of State shall include a
description of the steps taken by the Government of Pakistan
to: (1) conduct military operations that significantly
disrupt the safe havens, fundraising and recruiting efforts,
and freedom of movement of domestic and foreign terrorist
organizations, including the Haqqani Network, in Pakistan;
(2) demonstrate its commitment to prevent domestic and
foreign terrorist organizations, including the Haqqani
Network, from using any Pakistan territory as a safe haven
and for fundraising and recruiting efforts; (3) coordinate
with the Government of Afghanistan to restrict the movement
of militants, such as the Haqqani Network, along the
Afghanistan-Pakistan border; (4) arrest and prosecute senior
leaders and mid-level operatives of domestic and foreign
terrorist organizations; and (5) prevent the proliferation of
nuclear-related materials and expertise.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit to the Committees on
Appropriations: (1) a report identifying the amount of funds
appropriated under Foreign Military Financing Program for
assistance for Pakistan under the Act and prior Acts, by
fiscal year, that are withheld from expenditure; a
description of existing contracts; the amount of funds
required to fulfill commitments on existing contracts; and
the amount of uncommitted funds; and (2) a report identifying
the total amount of funds withheld from obligation, by fiscal
year and account, pursuant to subsection (c)(4) and similar
provisions of law.
Sri Lanka.--Subsection (d)(3)(B) conditions assistance
related to international peacekeeping that is made available
under Peacekeeping Operations for Sri Lanka on whether the
Government of Sri Lanka is taking effective steps to bring to
justice Sri Lankan peacekeeping troops who have engaged in
sexual exploitation and abuse, including in Haiti in 2007,
and including preventing such troops from deploying on future
missions.
Regional Programs.--Of the funds made available pursuant to
subsection (e)(2), funds shall be made available for such
programs in Afghanistan and Pakistan.
Other Assistance for South and Central Asia.--Funds for
certain programs for South and Central Asia are allocated
according to the following table and subject to section 7019
of the Act:
OTHER ASSISTANCE FOR SOUTH AND CENTRAL ASIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance:
Bangladesh labor programs.............................. 3,000
Economic Support Fund:
Civilian victims of war, Afghanistan................... 10,000
Civilian victims of war, Pakistan...................... 10,000
Maldives............................................... 1,500
Nepal.................................................. 75,000
Foreign Military Financing Program:
Sri Lanka.............................................. 500
------------------------------------------------------------------------
Section 7045. Latin America and the Caribbean (Modified)
Central America.--Subsection (a) provides that up to $615,000,000 may
be made available for assistance for countries in Central America to
implement the United States Strategy for Engagement in Central America
(the Strategy). Such funds are allocated according to the following
table and subject to section 7019 of the Act:
UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Global Health Programs:
Guatemala.............................................. 13,000
------------
Subtotal........................................... 13,000
Development Assistance:
El Salvador............................................ 55,035
Guatemala.............................................. 93,000
Honduras............................................... 75,000
Nicaragua.............................................. 10,000
Award for Extraordinary Progress....................... 7,000
Transfer to Inter-American Foundation.................. 10,000
------------
Subtotal........................................... 250,035
Economic Support Fund:
Central America Regional Security Initiative........... 104,225
Award for Extraordinary Progress....................... [4,000]
------------
Subtotal........................................... 104,225
International Narcotics Control and Law Enforcement:
Central America Regional Security Initiative........... 215,000
Costa Rica............................................. [25,000]
DNA forensic technology................................ [6,000]
International Commission against Impunity in Guatemala. [6,000]
Award for Extraordinary Progress....................... [4,000]
------------
Subtotal........................................... 215,000
Nonproliferation, Anti-terrorism, Demining and Related
Programs:
Panama................................................. 500
------------
Subtotal........................................... 500
International Military Education and Training:
Belize................................................. 250
Costa Rica............................................. 725
El Salvador............................................ 800
Guatemala.............................................. 800
Honduras............................................... 800
------------
Panama................................................. 725
Subtotal........................................... 4,100
Foreign Military Financing Program:
Belize................................................. 1,000
Costa Rica............................................. 5,000
El Salvador............................................ 1,900
Guatemala.............................................. 1,740
Honduras............................................... 4,000
Panama................................................. 2,000
State Western Hemisphere Regional...................... 12,500
------------
Subtotal........................................... 28,140
------------
Total.......................................... 615,000
------------------------------------------------------------------------
In accordance with subsection (a)(2), the updated multi-
year spend plan shall include an explanation of how funds
will be prioritized to address the key factors in countries
in Central America that contribute to the migration of
undocumented Central Americans to the United States. The plan
shall also describe how funds address the factors that
contribute to criminal activity in the United States by
individuals with ties to Central American-based criminal
organizations, and the flows of illicit narcotics and money
into the United States. The plan shall also include a
description of: (1) the 3-year, 5-year, and 10-year goals and
benchmarks against which the success of the Strategy should
be measured; (2) the proposed uses of assistance from the Act
for each country and the amounts allocated from prior Acts
since fiscal year 2015; (3) how such assistance differs from,
complements, and leverages funds allocated by the governments
of such countries, other donors (including international
financial institutions), and other Federal agencies, and the
amounts of funding from such sources; (4) funds planned to be
transferred or otherwise provided to other Federal agencies,
international financial institutions, organizations, and
offices, and the purpose; and (5) the funding levels by
account planned for each of the central governments of El
Salvador, Guatemala, and Honduras, including amounts subject
to the certifications in subsection (a)(3).
In making the certification pursuant to subsection
(a)(3)(B), the Secretary of State shall review whether such
government is taking effective steps to enact and implement
plea bargaining laws.
Not later than 60 days after enactment of the Act, the
Secretary of State shall submit to the Committees on
Appropriations a report detailing any outstanding commercial
and trade disputes between the United States and El Salvador,
Guatemala, and Honduras.
To further incentivize progress in the region, subsection
(a)(4)(B) authorizes the Secretary of State to increase
funding for El Salvador, Guatemala, or Honduras if the
Secretary determines and reports to the appropriate
congressional committees that the
[[Page H2852]]
central government of such country has made extraordinary
progress in meeting the requirements of paragraphs (3)(A) and
(3)(B). $15,000,000 is designated for an Award for
Extraordinary Progress, to be provided in total for one
country.
Not later than 60 days after enactment of the Act, the
Secretary of State, in coordination with the USAID
Administrator, is directed to issue a progress report based
on the plan for monitoring and evaluation developed in
accordance with the explanatory statements accompanying
division K of Public Law 114-113 and division J of Public Law
115-31. The report shall include a description of the
results, by country, for each of the program and context
indicators, and be submitted to the appropriate congressional
committees. The Department of State and USAID Web sites shall
be updated accordingly in a timely manner.
The Secretary of State and USAID Administrator shall
consult with the Committees on Appropriations prior to
transferring funds under Development Assistance to the Inter-
American Development Bank or the Inter-American Foundation in
support of the Strategy.
The agreement supports efforts to strengthen the rule of
law by combating corruption and impunity in Central America.
Within the total funding provided for the Strategy, a total
of $31,000,000 is for the Mission to Support the Fight
against Corruption and Impunity in Honduras (MACCIH) and the
offices of the Attorneys General/Public Ministries of El
Salvador, Guatemala, and Honduras. The spend plan required by
subsection (a)(2) shall identify the amounts proposed for
such organizations and the proposed uses of funds.
Not later than 90 days after enactment of the Act, the
Secretary of State is directed to submit a report to the
appropriate congressional committees on whether: (1) the
Organization of American States Secretariat has made reforms
to ensure that MACCIH has a qualified director with authority
over budgetary, personnel, and programmatic decisions; (2)
MACCIH is able to carry out its mission independently and
with the support of the Government of Honduras; and (3) funds
provided for MACCIH are properly managed and subject to
independent audits.
Colombia.--Subsection (b) provides not less than
$391,253,000 for assistance for Colombia. Such funds are
allocated according to the following table and subject to
section 7019 of the Act:
COLOMBIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 187,328
Transfer to Migration and Refugee Assistance........... [7,000]
Afro-Colombian and indigenous communities.............. [20,000]
Human rights....................................... [9,000]
Biodiversity....................................... [5,000]
International Narcotics Control and Law Enforcement........ 143,000
Office of the Attorney General, Human Rights Unit...... [10,000]
Office of the Attorney General, Environmental Crimes [1,000]
Unit..................................................
Nonproliferation, Anti-terrorism, Demining and Related 21,000
Programs..................................................
International Military Education and Training.............. 1,400
Foreign Military Financing Program......................... 38,525
------------
Total.......................................... 391,253
------------------------------------------------------------------------
In accordance with subsection (b)(3), the spend plan shall
describe in detail the proposed uses of funds by account and
activity, including those activities specified in
subparagraphs (A) through (E) of paragraph (1), and the
amounts made available from prior Acts for such activities.
The spend plan shall also include the following information
for any funds made available to support the implementation of
the peace agreement: (1) an estimate of planned funding by
fiscal year and account; (2) an estimate of the commitments
and expenditures by the Government of Colombia to implement
the agreement; (3) an explanation of how assistance made
available by the Act and prior Acts to support implementation
of the agreement will be coordinated with resources provided
by the Government of Colombia and other donors, including
international financial institutions; and (4) information
regarding funding from other Federal agencies.
The report to accompany the certification submitted
pursuant to subsection (b)(5) shall include metrics and
related information to support such certification.
The report to accompany the certification submitted
pursuant to subsection (b)(6) shall include the effective
steps taken by the Government of Colombia to investigate and
prosecute individuals responsible for attacks against human
rights defenders, journalists, trade unionists, and other
civil society activists. The Secretary of State should not
submit the report directed in the House report under this
section regarding justice and rule of law activities.
Not later than 60 days after enactment of the Act, the
Secretary of State shall submit to the Committees on
Appropriations an update to the report on outstanding
commercial and trade disputes between the United States and
Colombia required by the explanatory statement accompanying
division J of Public Law 115-31. The updated report shall
include the information described in the House report under
this section.
Caribbean Basin Security Initiative.--Funds for the
Caribbean Basin Security Initiative are allocated according
to the following table and subject to section 7019 of the
Act:
CARIBBEAN BASIN SECURITY INITIATIVE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 25,000
International Narcotics Control and Law Enforcement........ 25,200
Foreign Military Financing Program......................... 7,500
------------
Total.................................................. 57,700
------------------------------------------------------------------------
Mexico.--Funds for assistance for Mexico are allocated
according to the following table and subject to section 7019
of the Act:
MEXICO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 45,000
International Narcotics Control and Law Enforcement........ 100,000
Nonproliferation, Anti-terrorism, Demining and Related 1,160
Programs..................................................
International Military Education and Training.............. 1,500
Foreign Military Financing Program......................... 5,000
------------
Total.................................................. 152,660
------------------------------------------------------------------------
The Act provides resources above the prior fiscal year to
combat the production and trafficking of heroin, fentanyl,
and other opioids into the United States. The report on
opioids under International Narcotics Control and Law
Enforcement required in this explanatory statement shall
include information on such matters.
The Secretary of State shall follow the directive in the
Senate report under Foreign Military Financing Program
regarding assistance for Mexico. The Secretary of State
should not submit the report directed in the House report
under International Narcotics Control and Law Enforcement
regarding Mexico.
The agreement supports efforts to investigate and prosecute
cases of violence against journalists in Mexico. Within the
amount provided for assistance for Mexico, $1,000,000 is for
the Special Prosecutor's Office for Crimes against Freedom of
Expression, subject to prior consultation with the Committees
on Appropriations.
Other Assistance for Latin America and the Caribbean.--
Funds for certain programs in Latin America and the Caribbean
are allocated according to the following table and subject to
section 7019 of the Act:
OTHER ASSISTANCE FOR LATIN AMERICA AND THE CARIBBEAN
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund:
Caribbean Energy Security Initiative................... 2,000
Cuba................................................... 20,000
Haiti reforestation.................................... 8,500
International Narcotics Control and Law Enforcement:
Argentina.............................................. 2,500
Haiti prison assistance................................ 1,500
Peru................................................... 32,000
Western Hemisphere regional security cooperation....... 12,500
Foreign Military Financing Program:
Peru................................................... 1,800
------------------------------------------------------------------------
In lieu of the directives in the House and Senate bills and
reports, the agreement includes funds for democracy programs
in Cuba.
Funds provided under International Narcotics Control and
Law Enforcement for assistance for Argentina should support
mutually agreed upon goals in the areas of counterterrorism,
counternarcotics, and law enforcement, and help increase
Argentina's technological capabilities in such areas.
The Act provides $1,500,000 for Haiti prison assistance in
the manner described under this heading in the Senate report.
Funds provided for Western Hemisphere regional security
cooperation are in addition to amounts otherwise provided for
bilateral and regional programs under International Narcotics
Control and Law Enforcement.
Section 7046. Europe and Eurasia (Modified)
Georgia.--The Act provides not less than $105,325,000 for
assistance for Georgia. Such funds are allocated according to
the following table and subject to section 7019 of the Act:
GEORGIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 63,025
International Narcotics Control and Law Enforcement........ 4,000
Nonproliferation, Anti-terrorism, Demining and Related 1,100
Programs..................................................
International Military Education and Training.............. 2,200
Foreign Military Financing Program......................... 35,000
------------
Total.................................................. 105,325
------------------------------------------------------------------------
Ukraine.--The Act provides not less than $420,700,000 for
assistance for Ukraine. Such funds are allocated according to
the following table and subject to section 7019 of the Act:
UKRAINE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Global Health Programs..................................... 32,800
Assistance for Europe, Eurasia and Central Asia............ 250,000
International Narcotics Control and Law Enforcement........ 30,000
Nonproliferation, Anti-terrorism, Demining and Related 10,000
Programs..................................................
International Military Education and Training.............. 2,900
Foreign Military Financing Program......................... 95,000
------------
Total.................................................. 420,700
------------------------------------------------------------------------
Other Assistance for Europe and Eurasia.--Funds for certain
programs in Europe and
[[Page H2853]]
Eurasia are allocated according to the following table and
subject to section 7019 of the Act:
OTHER ASSISTANCE FOR EUROPE AND EURASIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Country Authority
------------------------------------------------------------------------
International Military Education and Training:
Greece................................................. 1,000
Foreign Military Financing Program:
Estonia................................................ 8,000
Latvia................................................. 8,000
Lithuania.............................................. 8,000
Moldova................................................ 12,750
------------------------------------------------------------------------
The agreement includes funding at levels consistent with
prior years to further the economic, social development, and
reconciliation goals of Public Law 99-415.
Section 7048. United Nations (Modified)
In making the determination required by subsection
(a)(1)(C), the Secretary of State shall review whether each
organization, department, or agency is effectively
implementing and enforcing policies and procedures on the
appropriate use of travel funds, including restrictions on
first class and business class travel. The report to
accompany such determination shall assess all of the
recommendations (including the status of such
recommendations) contained in the April 2017 United Nations
Joint Inspection Unit's ``Review of Air Travel Policies in
the United Nations System,'' including the steps taken or
planned to be taken to implement the report's second
recommendation to ``abolish first class travel for all
categories of staff and non-staff by January 2019.'' The
report may include additional recommendations from the
Secretary for reducing travel costs and improving the
oversight of travel at such entities.
Not later than 30 days after enactment of the Act, the
Secretary of State shall consult with the Committees on
Appropriations on the status of any outstanding
determinations required by subsection (a), including with
respect to the World Intellectual Property Organization, and
inform the Committee of any steps that need to be taken by
such organizations to comply with the requirements of such
subsection.
Section 7058. Global Health Activities (Modified)
Global Health Security Strategy.--Not later than 180 days
after enactment of the Act, the Senior Director for Global
Health Security and Biothreats at the National Security
Council, in coordination with the Secretary of State, the
USAID Administrator, the Director of the Centers for Disease
Control and Prevention, the Secretary of Health and Human
Services, the Secretary of Defense, the Secretary of Homeland
Security, and the Director of the Office of Management and
Budget, shall submit to the appropriate congressional
committees a comprehensive inter-agency strategy to
accelerate the capabilities of targeted countries to prevent,
detect, and respond to infectious disease outbreaks. The
strategy shall: (1) detail the role and responsibility of
each relevant Federal agency in implementing the strategy;
(2) include multi-year cost estimates for operations and
programs necessary to implement such strategy, disaggregated
by agency; (3) describe the mechanisms for coordination and
oversight of such programs; (4) review lessons-learned from
previous efforts to promote global health security; and (5)
identify any obstacles to the implementation of such strategy
in policy or legislation, and include specific
recommendations for addressing such obstacles.
Subsection (d)(1)(C) repurposes funds to assist communities
in Haiti affected by cholera resulting from the United
Nations Stabilization Mission in Haiti. The Act also requires
the Secretary of State to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds in order
to prevent waste, fraud and abuse. The Secretary of State
shall work to increase such assistance from other donor
countries. Information on these matters shall be included in
any notification submitted pursuant to subsection (d)(1)(C).
Subsection (d)(1)(B) repurposes funds for USAID to carry
out programs to accelerate the capacities of targeted
countries to prevent, detect, and respond to infectious
disease outbreaks.
Section 7059. Gender Equality (Modified)
Section 7060. Sector Allocations (Modified)
Environment Programs.--Subsection (c) includes authority
for environment programs, subject to the regular notification
procedures of the Committees on Appropriations. Additionally,
subsection (c) states that none of the funds in the Act are
appropriated or otherwise made available for a contribution,
grant, or other payment to the Green Climate Fund.
Funds for certain bilateral environment programs are
allocated according to the following table and subject to
section 7019 of the Act:
ENVIRONMENT PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Andean Amazon.............................................. 20,000
Brazilian Amazon........................................... 10,500
Central Africa Regional Program for the Environment........ 39,400
USAID.................................................. [21,900]
United States Fish and Wildlife Service................ [17,500]
Guatemala/Belize........................................... 5,000
USAID.................................................. [3,500]
Department of the Interior............................. [1,500]
Lacey Act.................................................. 2,500
United States Fish and Wildlife Service.................... 9,150
Great apes............................................. [3,500]
Migratory bird conservation............................ [500]
Endangered sea turtles................................. [150]
United States Forest Service............................... 5,000
USAID/Indonesia Orangutan program...................... 2,500
Toxic chemicals........................................ 5,000
Waste recycling........................................ 5,000
------------------------------------------------------------------------
The spend plan requirement for funds made available
pursuant to subsection (c) shall include levels consistent
with prior fiscal years. Such spend plan shall include
proposed amounts for programs and activities in the Senate
report.
Not later than 45 days after enactment of the Act and prior
to the obligation of funds made available pursuant to
subsection (c), the Secretary of State, USAID Administrator,
Director of the United States Fish and Wildlife Service
(USFWS), Director of the United States Forest Service (USFS),
and Secretary of Interior are directed to consult with the
Committees on Appropriations on the uses of such funds.
Funds included for USFWS, USFS, and Department of the
Interior (DOI) shall be provided through direct transfers
pursuant to section 632(a) of the FAA not later than 90 days
after enactment of the Act. Prior to such transfer, the
USFWS, USFS, and DOI shall submit spend plans to the
Committees on Appropriations and to USAID detailing the
planned uses of funds and expected programmatic results.
The Act provides not less than fiscal year 2016 levels for
USAID Great Apes programs.
The agreement includes funds to support programs in the
Mekong region, and in other vulnerable areas, that assist
countries in adapting to flooding, drought, infrastructure
development, and other natural and man-made causes that
threaten the livelihoods of local people.
Combating Wildlife Trafficking.--The Act includes not less
than $90,664,000 to combat wildlife poaching and trafficking,
of which not less than $10,000,000 shall be made available
for programs to combat rhinoceros poaching primarily for
site-based, anti-poaching activities to address immediate
requirements. Funds are provided to support regional wildlife
enforcement networks, including not less than the fiscal year
2017 level to support regional cooperation in Southern
Africa.
Trafficking in Persons.--The Act provides not less than
$78,822,000 for programs and activities to combat trafficking
in persons internationally, including $13,822,000 provided
under Diplomatic and Consular Programs for the State Office
to Monitor and Combat Trafficking in Persons, and not less
than $65,000,000 from funds made available under titles III
and IV which are allocated according to the following table
and subject to section 7019 of the Act:
TRAFFICKING IN PERSONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 5,000
Development Assistance..................................... 12,000
Economic Support Fund...................................... 8,000
International Narcotics Control and Law Enforcement........ 40,000
Office to Monitor and Combat Trafficking in Persons.... [32,000]
------------
Total.............................................. 65,000
------------------------------------------------------------------------
Programs to end modern slavery designated in the table
under International Narcotics Control and Law Enforcement in
title IV are in addition to funds allocated to combat
trafficking in persons pursuant to this section. Up to
$5,000,000 should be made available for child protection
compacts, pursuant to the Trafficking Victims Protection Act
of 2000, as amended by Public Law 113-4, and following
consultation with the appropriate congressional committees.
The Department of State and USAID shall implement the
directive in section 7060(f)(3) of division J of Public Law
115-31 requiring program coordination.
Section 7069. Joint Strategic Plan, Budget, and Transitions
(New)
Prior to selecting a country for strategic transition, the
USAID Administrator shall report to the appropriate
congressional committees on the justification for such
transition.
Section 7070. Countering Russian Influence and Aggression
(Modified)
Countering Russian Influence Fund.--The Act provides not
less than $250,000,000 for the CRIF, which is in addition to
amounts made available for bilateral assistance for countries
in Europe, Eurasia and Central Asia. Such funds are allocated
according to the following table and subject to section 7019
of the Act:
COUNTERING RUSSIAN INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 75,000
International Narcotics Control and Law Enforcement........ 50,000
International Military Education and Training.............. 5,000
Foreign Military Financing Program......................... 120,000
------------
Total.............................................. 250,000
------------------------------------------------------------------------
The Secretary of State shall consult with the Committees on
Appropriations on the proposed uses of such funds prior to
obligation.
Not later than 90 days after the initial obligation of
funds and every 90 days thereafter until September 30, 2019,
the Secretary of State and USAID Administrator shall submit a
consolidated report to the Committees
[[Page H2854]]
on Appropriations containing updated information on
obligations and expenditures of such funds on a country and
project basis.
In lieu of the directive in the Senate report under this
heading concerning Russia reporting requirements, the
Secretary of State is directed to update the reports required
by subsections (b)(2) and (e) of section 7071 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76)
not later than 45 days after enactment of the Act.
Section 7073. Stability and Development in Regions Impacted
by Extremism and Conflict (Modified)
Section 7076. Budget Documents (Modified)
Spend Plans.--Subsection (b)(3) includes new language that
makes 10 percent of the funds contained in a spend plan
available for obligation prior to the submission of such
spend plan in certain circumstances. The Secretary of State
or USAID Administrator, as applicable, shall submit each
spend plan required by this subsection with all planned
accounts, programs, and activities. Partial spend plans will
not be considered complete for the purposes of this
requirement. Funds notified prior to the submission pursuant
to this section shall be noted in such spend plan.
Section 7077. Reports and Records Management (Modified)
Section 7078. Global Internet Freedom (Modified)
The Act provides not less than $55,500,000 for programs to
promote Internet freedom globally. Funds for such activities
appropriated in title III of the Act are allocated according
to the following table and subject to section 7019 of the
Act:
GLOBAL INTERNET FREEDOM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Democracy Fund (Department of State)....................... 14,000
Democracy Fund (USAID)..................................... 3,500
Economic Support Fund...................................... 17,025
Near East Regional Democracy........................... [11,750]
Assistance for Europe, Eurasia and Central Asia............ 5,975
------------------------------------------------------------------------
In addition to the funds made available in title III, the
Act also includes $15,000,000 for Internet freedom under
Broadcasting Board of Governors, including $13,800,000 for
International Broadcasting Operations for programs and
$1,200,000 for the associated personnel costs of Radio Free
Asia.
Section 7080. United States Citizens and Nationals Unlawfully
or Wrongfully Detained Abroad (New)
Section 7081. Reorganization and Redesign (New)
Not later than 45 days after enactment of the Act, the
Secretary of State and USAID Administrator shall each submit
to the appropriate congressional committees a report
summarizing all efforts taken during calendar year 2017 to
reorganize, redesign, or otherwise change the form or
function of their respective agencies, including actions
taken pursuant to Executive Order 13781 on a Comprehensive
Plan for Reorganizing the Executive Branch. The report shall
include a clear description of the desired outcome the
respective agency seeks to achieve through any reforms. The
report shall also include a description of the current policy
for supporting the operations of the National Security
Council (NSC) through the detail of agency staff, including
staff projected to be detailed to the NSC during fiscal years
2018 and 2019, if applicable.
The offices of the Inspectors General of the Department of
State and USAID shall review the processes by which the
Department of State and USAID, respectively, developed and
implemented reorganization and redesign efforts and plans,
including the extent to which employees of such agencies
provided input into such efforts and plans.
Funds made available by the Act are provided in the amounts
necessary for, and purposes of, hiring to attrition and
maintaining the on-board Foreign Service and Civil Service
staff levels at the Department of State and USAID as of
December 31, 2017.
The agreement assumes that the USAID Administrator will be
responsible for establishing all personnel levels and
positions for USAID, pursuant to the existing agreement
between the Department of State and USAID.
The agreement assumes sufficient funding for introductory
classes for the Department of State Foreign Service (A-100
classes) at the pre-fiscal year 2017 rate, and the Secretary
of State shall continue such classes in such manner. The
Secretary is directed to report to the appropriate
congressional committees not later than 45 days after
enactment of the Act on the schedule for the A-100 classes.
The agreement includes sufficient funds for new leadership
training programs which shall be subject to prior
consultation with the appropriate congressional committees.
Additional funds should be made available to expand and
enhance training for Department of State and USAID personnel.
Pursuant to subsection (a)(3), the notification shall
include a detailed justification and analysis that includes
the following information: (1) a detailed description of, and
justification for, the proposed action, including any
policies or procedures currently or expected to be used to
implement Executive Order 13781; (2) the current
organizational chart, showing the operating units of the
respective department, agency or organization and a brief
description of each operating unit; the number of employees
for each operating unit; the proposed new organizational
chart with descriptions of each new operating unit; and the
number of employees once the proposed reorganization is
complete; (3) an assessment of how the proposed action will
improve the efficiency, effectiveness, performance, and
accountability (including through modernizing information
technology platforms and streamlining administrative
functions) of the department, agency, or organization; (4) an
analysis of the impact of any such change on the ability to
advance the national interest of the United States through
diplomacy and development, and to conduct adequate monitoring
and oversight of foreign assistance programs, and any
legislative change necessary to implement such proposals; (5)
the estimated cost and timeline to complete the proposed
action; and (6) an assessment of any cost savings and
efficiencies achieved through implementation of each element
of the proposed action.
Many of the proposals included in the August 28, 2017
letter from the Secretary of State to the appropriate
congressional committees on the proposed elimination,
consolidation, and retention of positions at the Department
of State have been cleared by the Committees on
Appropriations. Pursuant to subsection (a)(4), operating
plans shall include amounts for the following:
Department of State:
Bureau of Consular Affairs
Bureau of Democracy, Human Rights, and Labor
Bureau of Educational and Cultural Affairs
Bureau of Oceans and International Environmental and
Scientific Affairs
Bureau of Population, Refugees, and Migration
Coordinator for Cyber Issues
Coordinator for Sanctions Policy
Office of Global Women's Issues
Office of International Religious Freedom
Office of the Special Coordinator for Global Criminal
Justice
Office of the Special Envoy to Monitor and Combat Anti-
Semitism
Office of the Special Presidential Envoy for Hostage
Affairs
Special Advisor for International Disability Rights
Special Advisor for Religious Minorities in the Near East
and South Central Asia
Special Envoy for Holocaust Issues
Special Representative for the Arctic Region
USAID:
Bureau for Democracy, Conflict, and Humanitarian Assistance
Bureau for Economic Growth, Education and Environment
Bureau for Food Security
Regional Development Mission for Asia
Office of Gender Equality and Women's Empowerment
USAID Advisor for Indigenous Peoples Issues
The directive in the Senate report for the Comptroller
General to review any reorganization or redesign proposal or
plan by the Department of State and USAID is no longer
required.
Section 7083. Multilateral Development Bank Replenishments
(New)
Section 7084. Rescissions (New)
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL
WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Act provides an additional $2,975,971,000 for
Diplomatic and Consular Programs, of which $2,376,122,000 is
for WSP, for the extraordinary costs of operations and
security in Afghanistan, Pakistan, Iraq, areas of unrest, and
high threat and high risk posts, which is designated for OCO/
GWOT pursuant to BBEDCA.
Within the total, up to $5,000,000 may be transferred to
other agencies to support operations in, and assistance for,
Afghanistan. The Secretary of State is directed to include in
the operating plan required by section 7076(a) of the Act a
description of any funds transferred to other agencies in
support of Afghanistan operations, including projected
transfer amounts and the number of staff supported by each
agency, and operating levels for Afghanistan, Pakistan, and
Iraq.
OFFICE OF INSPECTOR GENERAL
The Act provides an additional $68,100,000 for Office of
Inspector General, of which $54,900,000 is for the Special
Inspector General for Afghanistan Reconstruction, and is
designated for OCO/GWOT pursuant to BBEDCA.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The Act provides an additional $71,778,000 for Embassy
Security, Construction, and Maintenance, which is for WSU and
designated for OCO/GWOT pursuant to BBEDCA.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The Act provides an additional $96,240,000 for
Contributions to International Organizations for the
extraordinary costs of UN missions in Afghanistan, Iraq,
Libya, and Somalia, which is designated for OCO/GWOT pursuant
to BBEDCA.
[[Page H2855]]
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Act provides an additional $967,456,000 for
Contributions for International Peacekeeping Activities for
peacekeeping operations in the Middle East and Africa, which
is designated for OCO/GWOT pursuant to BBEDCA. Sufficient
funds are provided under Peacekeeping Operations for a United
States contribution to the United Nations Support Office in
Somalia at the statutory level of 25 percent.
RELATED AGENCY
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The Act provides an additional $158,067,000 for Operating
Expenses for the extraordinary costs of operations in
countries in conflict and areas of instability and violence,
including in Afghanistan, Pakistan, and Iraq, which is
designated for OCO/GWOT pursuant to BBEDCA.
OFFICE OF INSPECTOR GENERAL
The Act provides an additional $2,500,000 for Office of
Inspector General for the costs associated with oversight of
the obligation and expenditure of OCO/GWOT funding, which is
designated for OCO/GWOT pursuant to BBEDCA.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL DISASTER ASSISTANCE
The Act provides an additional $1,588,778,000 for
International Disaster Assistance for the extraordinary costs
of the United States response to international disasters and
crises, including those resulting from conflict, which is
designated for OCO/GWOT pursuant to BBEDCA.
TRANSITION INITIATIVES
The Act provides an additional $62,043,000 for Transition
Initiatives for the extraordinary costs of assistance for
conflict countries and countries emerging from conflict,
which is designated for OCO/GWOT pursuant to BBEDCA.
COMPLEX CRISES FUND
The Act provides an additional $20,000,000 for Complex
Crises Fund for the extraordinary costs of addressing
security and stabilization requirements in conflict
countries, which is designated for OCO/GWOT pursuant to
BBEDCA.
ECONOMIC SUPPORT FUND
The Act provides an additional $2,152,122,000 for Economic
Support Fund for the extraordinary costs of assistance for
countries in conflict and areas of instability and violence,
including Afghanistan, Pakistan, and countries in the Middle
East and Africa, which is designated for OCO/GWOT pursuant to
BBEDCA.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The Act provides an additional $2,431,198,000 for Migration
and Refugee Assistance for the extraordinary costs to respond
to refugee crises overseas, which is designated for OCO/GWOT
pursuant to BBEDCA.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The Act provides an additional $417,951,000 for
International Narcotics Control and Law Enforcement for the
extraordinary costs for assistance for countries in conflict
and areas of instability and violence, including Afghanistan
and Pakistan, which is designated for OCO/GWOT pursuant to
BBEDCA.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The Act provides an additional $220,583,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs for the extraordinary costs for anti-terrorism,
demining, and other programs in countries in conflict and
areas of instability and violence, which is designated for
OCO/GWOT pursuant to BBEDCA.
PEACEKEEPING OPERATIONS
The Act provides an additional $325,213,000 for
Peacekeeping Operations for the extraordinary cost for
peacekeeping requirements, including the United States share
of the UN Support Office in Somalia, which is designated for
OCO/GWOT pursuant to BBEDCA.
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
The Act provides an additional $460,000,000 for Foreign
Military Financing Program for the extraordinary costs for
assistance for countries in conflict and areas of instability
and violence, including to counter Russian influence and
aggression, which is designated for OCO/GWOT pursuant to
BBEDCA.
GENERAL PROVISIONS
Section 8001. Additional Appropriations
This section clarifies that amounts appropriated by this
title are in addition to amounts appropriated or otherwise
made available in the Act for fiscal year 2018.
Section 8002. Extension of Authorities and Conditions
This section requires that the authorities and conditions
applicable to funding elsewhere in the Act are applicable to
funds in this title.
Section 8003. Counterterrorism Partnerships Fund
The Act provides $114,250,000 under Nonproliferation, Anti-
terrorism, Demining and Related Programs for the
Counterterrorism Partnerships Fund, including to enhance the
capacity of the Kurdistan Regional Government security
services and for other programs in the Kurdistan Region of
Iraq. The Secretary of State shall consult with the
Committees on Appropriations prior to the notification and
obligation of such funds.
Section 8004. Transfer of Funds
Subsection (a) provides certain transfer authorities for
funds appropriated by this title in the Act.
Subsection (b) provides authority for the Secretary of
State to transfer funds appropriated by this title in the Act
under International Narcotics Control and Law Enforcement,
Peacekeeping Operations, and Foreign Military Financing
Program in an amount that shall not exceed $7,500,000 to
Global Security Contingency Fund.
Subsection (c) requires that any transfers pursuant to
subsection (a) may only be exercised to address
contingencies.
Subsection (d) requires that the transfer authority
provided by subsections (a) and (b) is subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
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[[Page H2872]]
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
Congressional Directives
Unless otherwise noted, the language and allocations set
forth in the House report (House Report 115-237) and the
Senate report (Senate Report 115-138) carry the same weight
as the language included in this joint explanatory statement
and should be complied with unless specifically addressed to
the contrary in this division or joint explanatory statement.
House report language and Senate report language, neither of
which is changed by this joint explanatory statement, is a
result of the 2018 appropriations agreement. The joint
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 where the
House or the Senate has directed the submission of a report,
such report is to be submitted to both the House and Senate
Committees on Appropriations. The Department of
Transportation and the Department of Housing and Urban
Development are directed to notify the House and Senate
Committees on Appropriations seven days prior to the
announcement of a new program, initiative, or authority. Any
reprogramming requests must be submitted to the Committees on
Appropriations no later than June 30, 2018.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The agreement provides $112,813,000 for the salaries and
expenses of the Office of the Secretary. The agreement
includes funding by office as specified below, and offices
are to manage staffing levels within the amounts provided.
Funds are available for transfer between all offices under
certain conditions.
------------------------------------------------------------------------
------------------------------------------------------------------------
Immediate Office of the Secretary.................... $3,001,000
Immediate Office of the Deputy Secretary............. 1,040,000
Office of the General Counsel........................ 20,555,000
Office of the Under Secretary for Transportation 10,331,000
Policy..............................................
Office of the Assistant Secretary for Budget and 14,019,000
Programs............................................
Office of the Assistant Secretary for Government 2,546,000
Affairs.............................................
Office of the Assistant Secretary for Administration. 29,356,000
Office of the Assistant Secretary for Public Affairs. 2,142,000
Office of the Executive Secretariat.................. 1,760,000
Office of Intelligence, Security, and Emergency 11,318,000
Response............................................
Office of the Chief Information Officer.............. 16,745,000
------------------------------------------------------------------------
Consumer protections.--The Department has, in recent years,
initiated a process to establish more transparency in
displaying the total prices of airfare tickets and related
charges. Whether consumers are purchasing directly from the
airlines or through ticket agents, consumers should have
clear and accurate pricing information when choosing among
various air transportation options. Currently, fees for
additional services can be difficult to determine when
searching for airfares, and, as a result, consumers may be
unable to understand the true cost of travel when comparing
prices. To enhance consumers' choices and provide consumers
with full airline ticket pricing information, the agreement
directs the Department to work in collaboration with
industry, consumers, and other stakeholders to establish
guidelines which should lead to airlines or any for-profit
seller of commercial air transportation displaying, on an
airline's website or any travel metasearch website with which
the airline is partnered, full ticketing charges, including,
but not limited to, seat price, any additional fees the
consumer will pay per piece of baggage or per seat upgrade,
and optional flight insurance costs. As a result, all the
charges should be clear to the consumer, at the time of the
initial search, and the anticipated total charges fully
disclosed. The Secretary is directed to provide a report to
the House and Senate Committees on Appropriations on the
progress being made to establish these guidelines within 180
days of enactment of this Act.
RESEARCH AND TECHNOLOGY
The agreement provides $23,465,109 for the Office of the
Assistant Secretary for Research and Technology, of which
$2,618,000 shall remain available until September 30, 2020.
University transportation centers.--The agreement provides
$15,000,000 in additional funding for the University
Transportation Center (UTC) program as authorized under the
FAST Act. This additional funding is for competitive grants
for a national center for congestion research, focusing on
congestion relief, and a national center for infrastructure
research, focusing on improving the durability and extending
the life of transportation infrastructure. The increase is in
addition to amounts provided for fiscal year 2018 by the FAST
Act for a total UTC funding level of $90,000,000. The
agreement continues to direct the Department to award no less
than $3,000,000 of the amounts provided under the FAST Act
for research on rural autonomous vehicles and connected
vehicles to be conducted by existing UTC universities.
NATIONAL INFRASTRUCTURE INVESTMENTS
The agreement provides $1,500,000,000 for capital
investments in surface transportation infrastructure,
commonly known as the ``TIGER'' program, to remain available
until September 30, 2020. The Department is directed to
administer the program within its current staffing levels.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
The agreement provides $3,000,000 for the national surface
transportation and innovative finance bureau. The agreement
does not make an additional $3,000,000 available by transfer
from the Maritime Guaranteed (Title XI) Loan Program account
and does not expect the bureau to administer the Title XI
program in fiscal year 2018.
FINANCIAL MANAGEMENT CAPITAL
The agreement provides $6,000,000 for the financial
management capital program, to remain available until
September 30, 2020, which includes resources for the
continued execution of Data Act compliance requirements at
the Department.
CYBER SECURITY INITIATIVES
The agreement provides $15,000,000 for departmental cyber
security initiatives, to remain available until September 30,
2019.
OFFICE OF CIVIL RIGHTS
The agreement provides $9,500,000 for the office of civil
rights.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
The agreement provides $14,000,000 for planning, research,
and development activities, of which $1,500,000 is for the
Interagency Infrastructure Permitting Improvement Center
(IIPIC) and $5,500,000 is for the safety data and automated
vehicle safety data initiatives, to remain available until
expended. Bill language is included to allow for the transfer
of funds to this account from other Federal agencies
utilizing the services of the IIPIC.
WORKING CAPITAL FUND
The agreement limits expenditures for working capital fund
activities to $202,245,000.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The agreement provides a total appropriation of $500,301
for the minority business center program for administrative
expenses, including education outreach activities, monitoring
of existing loans, and modification of existing loans. No
funding is provided to support the subsidy cost of new loan
guarantees, and no additional limitation on guaranteed loans
is provided as those functions are administered by the Small
Business Administration.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The agreement provides $4,646,000 for small and
disadvantaged business utilization and outreach, to remain
available until September 30, 2019.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $155,000,000 for payments to air
carriers, to remain available until expended.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to
the modal administrations, except for activities underway on
the date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process
for Congressional notification.
Section 102 requires the Secretary of Transportation to
post on the internet a schedule of all Council on Credit and
Finance meetings, agendas, and meeting minutes.
Section 103 allows the Department of Transportation Working
Capital Fund to provide payments in advance to vendors for
the Federal transit pass fringe benefit program and to
provide full or partial payments to, and to accept
reimbursements from, Federal agencies for transit benefit
distribution services.
Federal Aviation administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement includes $10,211,754,000 for the operations
of the Federal Aviation Administration (FAA), to remain
available until September 30, 2019. Of the total amount
provided, $8,851,000,000 is to be derived from the airport
and airway trust fund. Funds are distributed in the bill by
budget activity.
The following table compares the agreement to the levels
proposed in the budget request by activity:
------------------------------------------------------------------------
Budget Request Agreement
------------------------------------------------------------------------
Air traffic organization.......... $7,491,938,000 $7,692,786,000
Aviation safety................... 1,257,981,000 1,310,000,000
Commercial space transportation... 17,905,000 22,587,000
Finance and management............ 758,192,000 801,506,000
NextGen planning.................. 59,041,000 60,000,000
Security and Hazardous Materials 100,961,000 112,622,000
Safety...........................
Staff offices..................... 204,868,000 212,253,000
-------------------------------------
Total......................... 9,890,886,000 10,211,754,000
------------------------------------------------------------------------
Operations funding.--The agreement includes $200,848,000
above the budget request for the air traffic organization.
This funding level fully supports the air traffic operational
workforce, including the hiring and training of new
controllers to fill critical positions.
Noise mitigation.--The agreement includes no less than
$2,000,000 and eight full time equivalencies for regional
offices to dedicate staff for activities to address aviation
noise concerns, including community engagement.
[[Page H2873]]
Organization designation authorization.--The agreement
modifies language that was included in the House and Senate
bills regarding the FAA's Organization Designation
Authorization (ODA) in order to advance the certification of
new aviation technologies and products. Utilization of ODAs
is key to improving the effectiveness and efficiency of
product certification. With funds made available under this
agreement, the FAA should ensure that ODAs conduct all of the
specified activities authorized and approved by the FAA in
its procedures manual while the FAA continues to conduct its
core responsibility of safety oversight and to take action if
a systemic airworthiness noncompliance performance issue has
been identified and documented. The agreement recognizes
that, for safety oversight, the FAA considers a variety of
mechanisms, including inspections, whistleblower alerts, and
customer safety concerns.
Contract towers.--The agreement includes $165,000,000 for
the contract tower program and establishes new requirements
for the FAA to expedite entry into the program for towers
that have met cost-benefit requirements.
Controller hiring.--The agreement directs the FAA to
continue to update the House and Senate Committees on
Appropriations on the diversity of the controller workforce,
as specified in House Report 115-237, and to report on
workforce attrition, as specified in Senate Report 115-138,
within 120 days of enactment of this Act.
Cyber security.--The agreement provides $24,000,000 in the
finance and management activity to address cyber security
requirements for the air traffic control system, as well as
other critical systems at the FAA.
Unmanned aircraft systems (UAS)--Electronic registration.--
The agreement notes the progress the FAA has made within the
past year creating a new electronic registration system for
UAS. The FAA has provided regular updates to the House and
Senate Committees on Appropriations, and therefore, the
agreement no longer directs the FAA to provide an update
within 120 days of enactment of this Act.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement includes $3,250,000,000 for FAA facilities
and equipment. Of the total amount available, $498,000,000 is
available until September 30, 2019, $2,602,000,000 is
available until September 30, 2020, and $150,000,000 is
available until expended.
The following table provides a breakdown of the agreement
by program:
------------------------------------------------------------------------
Program Request Agreement
------------------------------------------------------------------------
Activity 1--Engineering, Development, Test, and Evaluation
------------------------------------------------------------------------
Advanced Technology Development $26,800,000 $26,800,000
and Prototyping..................
William J. Hughes Technical Center 1,000,000 1,000,000
Laboratory Improvement...........
William J. Hughes Technical Center 18,000,000 23,000,000
Laboratory Sustainment...........
William J. Hughes Technical Center 10,000,000 15,000,000
Infrastructure Sustainment.......
Separation Management Portfolio... 13,500,000 13,500,000
Traffic Flow Management Portfolio. 10,800,000 10,800,000
On Demand NAS Portfolio........... 12,000,000 12,000,000
NAS Infrastructure Portfolio...... 17,500,000 17,500,000
NextGen Support Portfolio......... 12,000,000 12,000,000
Unmanned Aircraft Systems (UAS)... 15,000,000 25,000,000
Enterprise, Concept Development, 9,000,000 9,000,000
Human Factors, & Demonstrations
Portfolio........................
-------------------------------------
Total Activity 1.............. 145,600,000 165,600,000
------------------------------------------------------------------------
Activity 2--Air Traffic Control Facilities and Equipment
------------------------------------------------------------------------
a. En Route Programs:
En Route Automation 76,650,000 91,650,000
Modernization (ERAM)--System
Enhancements and Tech Refresh
En Route Communications 2,650,000 2,650,000
Gateway (ECG)................
Next Generation Weather Radar 5,500,000 5,500,000
(NEXRAD)--Provide............
Air Route Traffic Control 100,400,000 120,400,000
Center (ARTCC) & Combined
Control Facility (CCF)
Building Improvements........
Air Traffic Management (ATM).. 4,900,000 4,900,000
Air/Ground Communications 9,750,000 9,750,000
Infrastructure...............
Air Traffic Control En Route 5,400,000 5,400,000
Radar Facilities Improvements
Voice Switching and Control 12,800,000 15,800,000
System (VSCS)................
Oceanic Automation System..... 23,100,000 34,950,000
Next Generation Very High 53,000,000 60,000,000
Frequency Air/Ground
Communications (NEXCOM)......
System-Wide Information 50,050,000 50,050,000
Management...................
ADS-B NAS Wide Implementation. 139,150,000 150,300,000
Windshear Detection Service... 1,000,000 1,000,000
Collaborative Air Traffic 9,000,000 9,000,000
Management Technologies......
Time Based Flow Management 40,450,000 40,450,000
Portfolio....................
NextGen Weather Processors.... 35,450,000 45,450,000
Airborne Collision Avoidance 7,700,000 7,700,000
System X (ACASX).............
Data Communications in Support 154,100,000 294,100,000
of NG Air Transportation
System.......................
Offshore Automation System.... 11,000,000 2,000,000
SBS Advanced Surveillance 4,350,000 24,350,000
Enhanced Proced Separation/
Reduced Oceanic Separation
(ROS)........................
En Route Service Improvements. 3,000,000 3,000,000
Commercial Space Integration.. 4,500,000 4,500,000
-------------------------------------
Subtotal En Route Programs 753,900,000 982,900,000
b. Terminal Programs:
Airport Surface Detection
Equipment--Model X (ASDE-X):
Terminal Doppler Weather Radar 3,800,000 3,800,000
(TDWR)--Provide..............
Standard Terminal Automation 86,700,000 86,700,000
Replacement System (STARS)
(TAMR Phase 1)...............
Terminal Automation 66,100,000 66,100,000
Modernization/Replacement
Program (TAMR Phase 3).......
Terminal Automation Program... 8,493,000 8,493,000
Terminal Air Traffic Control 31,118,485 58,118,485
Facilities--Replace..........
ATCT/Terminal Radar Approach 56,800,000 91,800,000
Control (TRACON) Facilities--
Improve......................
Terminal Voice Switch 6,000,000 10,000,000
Replacement (TVSR)...........
NAS Facilities OSHA and 46,700,000 46,700,000
Environmental Standards
Compliance...................
Airport Surveillance Radar 11,400,000 11,400,000
(ASR-9)......................
Terminal Digital Radar (ASR- 3,200,000 5,200,000
11) Technology Refresh and
Mobile Airport Surveillance
Radar (MASR).................
Runway Status Lights.......... 2,800,000 12,800,000
National Airspace System Voice 68,750,000 68,750,000
System (NVS).................
Integrated Display System 5,000,000 5,000,000
(IDS)........................
Remote Monitoring and Logging 7,400,000 7,400,000
System (RMLS)................
Mode S Service Life Extension 20,900,000 20,900,000
Program (SLEP)...............
Terminal Flight Data Manager 90,350,000 90,350,000
(TFDM).......................
National Air Space (NAS) Voice 5,000,000 5,000,000
Recorder Program (NVRP)......
Integrated Terminal Weather 1,000,000 1,000,000
System (ITWS)................
Performance Based Navigation & 20,000,000 20,000,000
Metroplex Portfolio..........
-------------------------------------
Subtotal Terminal Programs 541,511,485 619,511,485
c. Flight Service Programs:
Aviation Surface Observation 10,000,000 10,000,000
System (ASOS)................
Future Flight Services Program 14,038,515 14,038,515
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)........
Weather Camera Program........ 1,300,000 1,300,000
-------------------------------------
Subtotal Flight Service 27,988,515 27,988,515
Programs.................
d. Landing and Navigational Aids
Program:
VHF Omnidirectional Radio 11,000,000 17,000,000
Range (VOR) with Distance
Measuring Equipment (DME)....
Instrument Landing System 7,000,000 11,000,000
(ILS)--Establish.............
Wide Area Augmentation System 102,300,000 110,300,000
(WAAS) for GPS...............
Runway Visual Range (RVR) and 4,000,000 4,000,000
Enhanced Low Visibility
Operations (ELVO)............
Approach Lighting System 3,000,000 3,000,000
Improvement Program (ALSIP)..
Distance Measuring Equipment 3,000,000 3,000,000
(DME)........................
Visual NAVAIDS--Establish/ 2,000,000 2,000,000
Expand.......................
Instrument Flight Procedures 8,500,000 8,500,000
Automation (IFPA)............
Navigation and Landing Aids-- 3,000,000 3,000,000
Service Life Extension
Program (SLEP)...............
VASI Replacement--Replace with 5,000,000 5,000,000
Precision Approach Path
Indicator....................
Runway Safety Areas-- 1,600,000 1,600,000
Navigational Mitigation......
NAVAIDS Monitoring Equipment.. 2,000,000 2,000,000
-------------------------------------
Subtotal Landing and 152,400,000 170,400,000
Navigational Aids
Programs.................
e. Other ATC Facilities Programs:
Fuel Storage Tank Replacement 28,100,000 35,000,000
and Management...............
Unstaffed Infrastructure 35,700,000 41,000,000
Sustainment..................
Aircraft Related Equipment 12,500,000 12,500,000
Program......................
Airport Cable Loop Systems-- 8,000,000 8,000,000
Sustained Support............
Alaskan Satellite 20,900,000 20,900,000
Telecommunications
Infrastructure (ASTI)........
Facilities Decommissioning.... 13,900,000 27,000,000
Electrical Power Systems-- 110,000,000 125,000,000
Sustain/Support..............
Energy Management and 2,400,000 2,400,000
Compliance (EMC).............
Child Care Center Sustainment. 1,000,000 1,000,000
FAA Telecommunications 2,000,000 30,000,000
Infrastructure...............
Data Visualization, Analysis 5,500,000 5,500,000
and Reporting System (DVARS).
TDM-to-IP Migration........... 3,000,000 39,000,000
-------------------------------------
Subtotal Other ATC 243,000,000 347,300,000
Facilities Programs......
-------------------------------------
Total Activity 2...... 1,718,800,000 2,148,100,000
------------------------------------------------------------------------
Activity 3--Non-Air Traffic Control Facilities and Equipment
------------------------------------------------------------------------
a. Support Equipment:
Hazardous Materials Management 35,300,000 35,300,000
Aviation Safety Analysis 12,000,000 12,000,000
System (ASAS)................
National Air Space (NAS) 12,000,000 12,000,000
Recovery Communications
(RCOM).......................
Facility Security Risk 20,400,000 20,400,000
Management...................
Information Security.......... 20,700,000 20,700,000
System Approach for Safety 25,800,000 25,800,000
Oversight (SASO).............
Aviation Safety Knowledge 4,000,000 4,000,000
Management Environment
(ASKME)......................
Aerospace Medical Equipment 7,000,000 7,000,000
Needs (AMEN).................
System Safety Management 16,200,000 16,200,000
Portfolio....................
National Test Equipment 4,000,000 4,000,000
Program......................
Mobile Assets Management 3,600,000 3,600,000
Program......................
Aerospace Medicine Safety 14,000,000 14,000,000
Information Systems (AMSIS)..
Tower Simulation System (TSS) 3,000,000 3,000,000
Technology Refresh...........
-------------------------------------
Subtotal Support Equipment 178,000,000 178,000,000
b. Training, Equipment and
Facilities:
Aeronautical Center 14,000,000 14,000,000
Infrastructure Modernization.
Distance Learning............. 1,000,000 1,000,000
-------------------------------------
Subtotal Training, 15,000,000 15,000,000
Equipment and Facilities.
-------------------------------------
Total Activity 3...... 193,000,000 193,000,000
------------------------------------------------------------------------
[[Page H2874]]
Activity 4--Facilities and Equipment Mission Support
------------------------------------------------------------------------
a. System Support and Services:
System Engineering and 35,700,000 35,700,000
Development Support..........
Program Support Leases........ 47,000,000 47,000,000
Logistics and Acquisition 11,000,000 11,000,000
Support Services.............
Mike Monroney Aeronautical 19,700,000 19,700,000
Center Leases................
Transition Engineering Support 19,900,000 24,900,000
Technical Support Services 23,000,000 28,000,000
Contract (TSSC)..............
Resource Tracking Program 6,000,000 6,000,000
(RTP)........................
Center for Advanced Aviation 57,000,000 57,000,000
System Development (CAASD)...
Aeronautical Information 4,700,000 15,000,000
Management Program...........
Cross Agency NextGen 1,000,000 1,000,000
Management...................
-------------------------------------
Total Activity 4.......... 225,000,000 245,300,000
------------------------------------------------------------------------
Activity 5--Personnel and Related Expenses
------------------------------------------------------------------------
Personnel and Related Expenses.... 483,800,000 498,000,000
-------------------------------------
Total All Activities.......... 2,766,200,000 3,250,000,000
------------------------------------------------------------------------
NextGen funding.--The agreement provides $1,268,165,000 for
the FAA's Next Generation of Air Traffic control (NextGen)
programs across the operations; facilities and equipment; and
research, engineering and development accounts. This is an
increase of $238,891,000 above the current level for these
efforts.
DataComm.--The agreement places a high priority on
accelerating the ``Data Communications in Support of NextGen
Air Traffic Control System'' (DataComm), as a NextGen program
that promises significant, near-term improvements in the
efficiency of the national airspace system. Accordingly, the
agreement provides $294,100,000 for this program, a
$140,000,000 increase above the budget request. Within this
amount, no less than $5,000,000 is directed for cyber
security enhancements to ensure the safety and security of
this system.
Reduced oceanic separation.--The agreement provides
$24,350,000, an increase of $20,000,000 above the budget
request, to enable enhanced oceanic separation services. The
agreement directs an expeditious final investment decision on
this program, consistent with priorities of the NextGen
Advisory Committee.
Remote towers.--The agreement includes $5,000,000 to
continue the ongoing remote tower project, including
operating costs, and to deploy and pilot remote tower systems
to at least two additional airports. The FAA is directed to
begin the remote tower pilot initiative within 45 days of
enactment of this Act.
Terminal radar approach control (TRACON) facilities-
improve.--The agreement provides $91,800,000 for TRACON
improvements, a $35,000,000 increase above the budget
request, to expedite currently planned improvements at
critical TRACON facilities.
Wide area augmentation system (WAAS) for GPS.--The
agreement includes language consistent with House and Senate
direction on WAAS dual frequency operations and directs the
FAA to provide a briefing to the House and Senate Committees
on Appropriations to accomplish the direction within 120 days
of enactment of this Act.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $188,926,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2020.
The agreement provides the following levels for specific
programs:
------------------------------------------------------------------------
Program Request Agreement
------------------------------------------------------------------------
Fire Research and Safety...................... $7,044,000 $7,200,000
Propulsion and Fuel Systems................... 2,269,000 2,100,000
Advanced Materials/Structural Safety.......... 4,338,000 10,500,000
Aircraft Icing/Digital System Safety.......... 9,253,000 9,253,000
Continued Airworthiness....................... 10,437,000 11,269,000
Aircraft Catastrophic Failure Prevention 1,570,000 1,570,000
Research.....................................
Flightdeck/Maintenance/System Integration 6,825,000 7,305,000
Human Factors................................
System Safety Management...................... 4,149,000 5,500,000
Air Traffic Control/Technical Operations Human 5,196,000 5,800,000
Factors......................................
Aeromedical Research.......................... 9,765,000 9,080,000
Weather Program............................... 13,399,000 15,476,000
Unmanned Aircraft Systems Research............ 6,787,000 24,035,000
NextGen--Alternative Fuels for General 5,924,000 7,000,000
Aviation.....................................
Commercial Space.............................. 1,796,000 1,872,000
NextGen--Wake Turbulence...................... 6,831,000 6,831,000
NextGen--Air Ground Integration Human Factors. 6,757,000 6,757,000
NextGen--Weather Technology in the Cockpit.... 3,644,000 3,644,000
NextGen--Information Security................. 1,000,000 1,000,000
Environment and Energy........................ 14,497,000 18,013,000
NextGen--Environmental Research--Aircraft 23,151,000 29,174,000
Technologies, Fuels, and Metrics.............
System Planning and Resource Management....... 2,135,000 2,135,000
William J. Hughes Technical Center Laboratory 3,233,000 3,412,000
Facility.....................................
-------------------------
Total..................................... 150,000,000 188,926,000
------------------------------------------------------------------------
Advanced material/structural safety.--The agreement
provides $10,500,000 for Advanced Material/Structural Safety,
including $2,000,000 for public/private partners to evaluate
material for airworthiness certification and $4,000,000 to
advance the use of new structural material applications and
bring new materials into production.
Continued airworthiness.--The agreement provides
$11,269,000 and directs the FAA to use the increase above the
enacted level to collaborate with academic and industry
partners to develop standards and assessment methods for
certifying advanced material components for aerospace
applications.
Unmanned aircraft systems (UAS) research.--The agreement
provides $24,035,000, an increase of $17,248,000 above the
budget request. Of the funds provided, $12,035,000 is to
support the expanded role of the UAS Center of Excellence,
$2,000,000 is to expand the Center's role in transportation
disaster preparedness and response, and $10,000,000 is to
support UAS research activities at the FAA technical center
and other FAA facilities.
UAS traffic management (UTM).--The agreement includes
direction included in House Report 115-237 and Senate Report
115-138 and directs the FAA to report its progress on this
direction to the House and Senate Committees on
Appropriations no later than 120 days after enactment of this
Act.
Environmental sustainability.--The agreement includes a
total of $47,187,000 for research related to environmental
sustainability, which is $9,539,000 above the budget request
and $4,000,000 above the fiscal year 2017 enacted level. This
total includes $18,013,000 under ``Environment and Energy''
and another $29,174,000 under ``NextGen--Environmental
Research Aircraft Technologies, Fuels, and Metrics.'' The
total level of funding supports the CLEEN program, as well as
the Center of Excellence for alternative jet fuels and
environment. The FAA is directed to use the increase in
funding for the Center of Excellence, resulting in a total of
$15,000,000 for the Center.
GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,000,000,000, to remain available until expended. Within
the obligation limitation, the agreement provides not more
than $111,863,000 for administrative expenses, no less than
$15,000,000 for the airport cooperative research program, no
less than $33,210,000 for airport technology research, and
$10,000,000 for the small community air service development
program (SCASDP).
Aircraft rescue and firefighting training facilities.--The
agreement includes direction included in House Report 115-237
and Senate Report 115-138 regarding aircraft rescue and
firefighting training facilities, and directs the FAA to
provide a report within 120 days of enactment of this Act.
GRANTS-IN-AID FOR AIRPORTS
The agreement provides $1,000,000,000 in new discretionary
budget authority for grants for high priority airport
construction projects. The agreement includes language to
prioritize funding for small and rural airports.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the Center for Advanced Aviation Systems Development.
Section 111 prohibits the use of funds for adopting
guidelines or regulations requiring airport sponsors to
provide the FAA ``without cost'' building construction or
space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with Government issued credit cards.
Section 116 prohibits funds from being obligated or
expended for retention bonuses for FAA employees without
prior written approval of the DOT Assistant Secretary for
Administration.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
Aircraft Situational Display to Industry program upon the
request of an owner or operator.
Section 118 prohibits the use of funds for salaries and
expenses of more than eight political and Presidential
appointees in the FAA.
Section 119 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Section 119A requires the FAA to notify the House and
Senate Committees on Appropriations at least 90 days before
closing a regional operations center or reducing the services
provided.
Section 119B prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119C prohibits funds from being used to withhold
from consideration and approval certain applications for
participation in the Contract Tower Program, or for
reevaluation of cost-share program participation, pending as
of January 1, 2016.
Section 119D requires the FAA to take certain actions
regarding Organization Delegation Authorization (ODA).
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement limits obligations for the administrative
expenses of the Federal Highway Administration (FHWA) to
$439,443,925.
[[Page H2875]]
In addition, the agreement provides $3,248,000 for the
administrative expenses of the Appalachian Regional
Commission.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement limits obligations for the federal-aid
highways program to $44,234,212,000.
Highway guide sign fonts.--The agreement prohibits funds
from being used to enforce actions terminating the Interim
Approval IA-5 of the Clearview font on highway guide signs.
FHWA is directed to reinstate Interim Approval IA-5. FHWA is
also directed to conduct a comprehensive review of the
research on this alternative font and to report on its
findings to the House and Senate Committees on Appropriations
within 90 days of enactment of this Act. The report must
document the safety and cost implications of the decision to
terminate approval of Clearview font and fully address the
comments submitted by affected states during the related
December 13, 2016 request for information (FHWA Docket No.
FHWA 2016 0036). The agreement does not include directives
under the paragraph entitled ``Highway Guide Signs Font'' in
Senate Report 115-138.
Bridge corrosion control best practices.--The agreement
directs the Secretary to submit the report required in House
Report 115 237 on bridge corrosion control best practices,
but does not direct the Secretary to use a third party
organization to determine the qualification of contractors
and subcontractors.
Culvert and storm sewer materials procurement.--The
Secretary is not directed to evaluate the methods by which
States procure culvert and storm sewer materials or the
impact of those methods on project costs.
Surface transportation system funding alternatives
program.--The Secretary is not directed to issue an annual
notice of funding opportunity for the surface transportation
system funding alternatives program for each fiscal year for
which funding is provided. The Secretary is not directed to
modify deadlines within such notices to align with state
legislative calendars. Going forward, should pilot planning
and predevelopment activities be made eligible for funding
under this program, the Secretary is directed to extend the
amount of time permitted for these activities from 18 to 24
months.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation of
$44,973,212,000, to remain available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this Act and prior appropriations
Acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
The agreement provides $2,525,000,000 from the general
fund, of which $1,980,000,000 is for road and bridge projects
eligible under the surface transportation block grant
program, $15,800,000 is for the Puerto Rico highway program,
$4,200,000 is for the territorial highway program,
$300,000,000 is for the nationally significant federal lands
and tribal projects program, and $225,000,000 is for a
competitive bridge program. Funding for the nationally
significant federal lands and tribal projects program is
available until expended, and all other funding is available
until September 30, 2021.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the federal-aid highways program's
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to
be credited to the federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America requirements.
Section 123 prohibits funds from being used to provide
credit assistance under sections 603 and 604 of title 23,
United States Code, unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations,
the Senate Committee on Environment and Public Works, the
Senate Committee on Banking, Housing and Urban Affairs, and
the House Committee on Transportation and Infrastructure at
least three days prior to credit application approval.
Section 124 requires 60-day notification to the Committees
on Appropriations for any INFRA grants as authorized under 23
U.S.C. 117 provided that such notification shall be made no
later than 180 days from the date of enactment of this Act.
Section 125 requires the reinstatement of the Clearview
font.
Section 126 allows state DOTs to repurpose certain highway
project funding to be used within 50 miles of its original
designation.
Section 127 adds a truck weight exemption for certain
highways in North Dakota.
Section 128 amends an existing high priority corridor on
the national highway system.
Section 129 allows the Secretary to remove outdated
restrictions on the use of excess toll revenues for certain
highways in order to make them consistent with 23 U.S.C. 129.
Section 129A makes a technical correction to an existing
truck weight exemption for New Hampshire.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement includes a liquidation of contract
authorization and a limitation on obligations of $283,000,000
for the operations and programs of the Federal Motor Carrier
Safety Administration (FMCSA). Of this limitation, $9,073,000
is for the research and technology program and $34,824,000 is
for information management to remain available for obligation
until September 30, 2020.
Bus and lease interchange rule.--The FMCSA is directed to
modify or remove the final rule concerning the lease and
interchange of passenger carrying motor vehicles no later
than December 1, 2018.
Regulatory compliance burdens on small carriers.--The
Department is not required to deliver a report to the House
and Senate Committees on Appropriations on whether an
implementation and enforcement delay of the electronic
logging device rule would be appropriate.
Information management.--The Secretary is not directed to
hold 50 percent of the allotment of funding for the FMCSA
Office of the Chief Information Officer, but the FMCSA
Administrator shall submit an information technology capital
investment plan that meets the requirements described in
Senate Report 115-138 and deliver that plan to the House and
Senate Committees on Appropriations by May 31, 2018.
Heavy vehicle speed limiters.--The agreement does not
include a prohibition on finalizing the proposed rule on
Speed Limiting Devices and does not direct the FMCSA and
NHTSA to fully and expeditiously address all public comments
on the August 26, 2016, joint proposed rule requiring speed
limiter devices.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement provides a liquidating cash appropriation of
$374,800,000 and a limitation on obligations of $561,800,000
for motor carrier safety grants, of which $87,000,000 shall
be available until September 30, 2022, and $474,800,000 shall
remain available until expended. The agreement allocates the
total grant funding as follows:
------------------------------------------------------------------------
Program Funding
------------------------------------------------------------------------
Motor carrier safety assistance program.............. $298,900,000
Commercial driver's license program implementation 31,800,000
program.............................................
High priority activities program..................... 43,100,000
Commercial motor vehicle operators grant program..... 1,000,000
Highly automated vehicle research and development.... 100,000,000
Border facility modernization and maintenance........ 87,000,000
------------------------------------------------------------------------
Highly automated vehicle research and development
program.--The agreement provides $100,000,000, to remain
available until expended, for a highly automated vehicle
research and development program to fund planning, direct
research, and demonstration grants for highly autonomous
vehicle (HAV) technologies and advanced driver-assistance
systems (ADAS). The agreement does not include directives
included in House Report 115-237 under the paragraph entitled
``Highly automated commercial vehicle research and
development program'' and instead replaces those directives
with those contained herein.
Of the total amount provided, up to $500,000 shall be
available to the Secretary to develop a comprehensive plan to
better manage departmental initiatives related to automated
vehicles in response to the Government Accountability Office
(GAO) recommendation for executive action included in the
November 2017 report (GAO-18-132) within 90 days of enactment
of this Act. The Secretary is directed to specify within this
plan goals, priorities, steps to achieve results, milestones,
and performance measures to track progress.
Of the total amount provided, not less than $38,000,000
shall be used for direct research, including administrative
expenses, on HAV and ADAS technologies by the National
Highway Traffic Safety Administration, the Federal Highway
Administration, the Federal Motor Carrier Safety
Administration, and the Federal Transit Administration, of
which no more than $5,000,000 shall be for ADAS research. For
the purposes of the agreement, HAV refers to technologies
capable of the Society of Automotive Engineers (SAE) Level 3,
Level 4, or Level 5 automation, whereas ADAS refers to
technologies capable of Level 1 or Level 2.
Prior to obligating funds provided in the above paragraph
and within 120 days of enactment of this Act, the Secretary
shall develop a holistic HAV/ADAS research spend plan that
advances DOT's understanding of HAV and ADAS technologies to
the benefit of both commercial motor vehicle and light duty
vehicle safety and is consistent with the comprehensive plan
developed pursuant to GAO's recommendation. The research
should leverage the expertise of the private sector to
identify methods and criteria for measuring the cyber
security assurance levels deployed in autonomous vehicles.
The Secretary is expected to prioritize research topics that
fill gaps in research being conducted by the private sector,
have the strongest potential to advance the safe deployment
of HAV and ADAS technologies, and deliver the highest net
benefits to road safety. The research spend plan shall
identify research topics and goals, estimated
[[Page H2876]]
costs per topic, estimated time of completion for each goal,
the lead modal administration for each topic, as well as
roles and responsibilities of any supporting modal
administrations. The Secretary is directed to certify in the
spend plan that all funded activities shall be coordinated
with ongoing research funded across the Department and shall
supplement and not supplant ongoing AV and ADAS research
including NHTSA's vehicle safety and connected vehicle
research programs.
Of the total amount provided, not less than $60,000,000
shall be used for grants and cooperative agreements to fund
demonstration projects that test the feasibility and safety
of HAV and ADAS deployments, as well as necessary
administrative expenses. The Secretary is directed to solicit
applications within 180 days of enactment of this Act and to
make funding awards within one year of enactment of this Act.
The Secretary is directed to include state, local, and tribal
governments, transit agencies and authorities, metropolitan
planning organizations, other subdivisions of state or local
governments, or a multijurisdictional group thereof,
including entities designated as automated vehicle proving
grounds, as eligible applicants. The Secretary may also
include academic institutions or research institutions as
eligible, but shall not award funds to private companies. The
Department is expected to include as eligible activities the
following: technologies associated with autonomous vehicles
and other collision avoidance technologies, including systems
using cellular technology; advanced safety systems, including
vehicle-to-vehicle and vehicle-to-infrastructure
communications; advanced mobility and access technologies,
such as dynamic ridesharing and information systems to
support human services for elderly and disabled individuals;
dynamic road network mapping; roadway marking and signage;
community education and outreach; and transportation data
collection and analysis. In reviewing applications and making
funding awards, the Secretary is directed to award no more
than $10,000,000 to a single grantee, no more than
$15,000,000 to grantees within a single state, and not less
than $20,000,000 to entities designated as automated vehicle
proving grounds. The Secretary is directed to select projects
that serve a variety of communities, including urban,
suburban, and rural environments, and that serve a variety of
transportation markets including freight, personal mobility,
and mass transit. The Secretary is directed to prioritize
projects that test applications with the greatest potential
to serve transportation-challenged populations, including the
elderly and individuals with disabilities. For all funded
projects, the Secretary is expected to require grantees to
gather and share relevant data with the Department, subject
to appropriate protections for confidential business
information, to aid DOT research efforts, and to inform
future policies and standards.
Of the total amount provided, up to $1,500,000 shall be for
the Secretary of Transportation, in consultation with the
Secretary of Labor, to conduct a comprehensive analysis of
the impact ADAS and HAV technologies on drivers and operators
of commercial motor vehicles, including labor displacement,
within one year of enactment of this Act. The analysis shall
include stakeholder outreach and examine: (1) reduced
situational awareness caused by the operation of these
vehicles and options for mitigating such safety risks; (2)
visibility, mobility, and safety issues of platooning; and
(3) minimum and recommended training requirements. The
analysis should also examine labor displacement from the
deployment of HAV and ADAS technologies, including: (1) the
potential pace of job loss; (2) segments of motor carrier and
passenger transportation that could be affected; (3) existing
labor market programs that link workers to employment; and
(4) recommendations for new public or private sector job
training opportunities. The analysis shall not impede or
delay any ongoing studies at the Department related to
automated vehicles.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 subjects funds appropriated in this Act to the
terms and conditions of section 350 of Public Law 107-87 and
section 6901 of Public Law 110-28.
Section 131 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or
some other manner of delivery which records receipt of the
notice by the persons responsible for the violations.
Section 132 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $189,075,000 from the general fund
for operations and research. Of this amount, $40,000,000
shall remain available until September 30, 2019.
In addition to salaries and expenses, the agreement
provides $24,545,000 in Rulemaking program funding, of which
not less than $15,000,000 is for the new car assessment
program, $32,154,000 is for enforcement program funding, of
which not less than $20,000,000 is for the Office of Defects
Investigation, and $48,866,000 is for research and analysis
programs, of which not less than $15,000,000 is for vehicle
electronics and emerging technologies, which includes
research of automated vehicle technologies.
The agreement fully funds Full Time Equivalent (FTE)
staffing increases consistent with prior year appropriations
and the program increases provided herein and does not
prohibit the addition of FTE above those provided in previous
fiscal years.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $149,000,000, to remain available
until expended, which reflects the authorized level of
contract authority. Of the total, $143,700,000 is provided
for the programs authorized under 23 U.S.C. 403, and
$5,300,000 is for the national driver register. Of the total
amount provided under this heading, $20,000,000 shall remain
available until September 30, 2019, and shall be in addition
to any limitation imposed on obligations in future fiscal
years. Consistent with the FAST Act, the agreement includes
$5,494,000 for in-vehicle alcohol detection device research.
The agreement does not include up to $6,500,000 for a high
visibility enforcement paid-media campaign in the area of
highway-rail grade crossing safety under this heading and
instead funds this activity with an additional appropriation
from the general fund.
Additional highway safety funding.--The agreement provides
$11,500,000 in additional highway safety funding from the
general fund under Section 144 of this Act. Of this amount
$6,500,000 shall be used to support a high visibility
enforcement paid-media campaign in the area of highway-rail
grade crossing safety. The Committee directs NHTSA to
coordinate these resources with the media and other highway
safety campaigns, and to work collaboratively with the
Federal Railroad Administration on the campaign's message
development.
The remaining $5,000,000 shall be available for grants,
pilot program activities, and other innovative solutions to
reduce impaired-driving fatalities, including efforts to
expand awareness and use of Drug Recognition Expert (DRE) and
Advanced Roadside Impaired Driving Enforcement (ARIDE)
training. Such activities shall be in collaboration with
appropriate State and local governments and law enforcement
organizations.
The agreement fully funds Full Time Equivalent (FTE)
staffing increases consistent with prior year appropriations
and the program increases provided herein and does not
prohibit the addition of FTE above those provided in previous
fiscal years.
Automated vehicle exemptions to vehicle standards.--The
Department is not directed to grant or deny 49 CFR Part 555
exemption requests within 60 days. However, the Department is
directed to implement a streamlined application process for
49 CFR Part 555 exemption requests and to grant or deny a
request for exemption as expeditiously as possible.
Impaired driving study.--The Department is directed to
perform a pilot, within existing resources and in partnership
with one or more qualified universities, to examine
behavioral factors that influence a driver's willingness to
drive while impaired rather than a national study as directed
in Senate Report 115-138. The pilot shall be conducted to
inform whether or not a national study would be useful in
determining if traffic safety behavior and culture can be
analyzed to predict the intention to drive impaired. Analyses
from this pilot study may be used in conjunction with other
studies to assist existing safety programs in achieving a
sustainable reduction in impaired driving.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $597,629,000 for highway traffic
safety grants, to remain available until expended. The
agreement allocates funding as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Highway safety programs (section 402)................ $261,200,000
National priority safety programs (section 405)...... 280,200,000
High visibility enforcement program (section 404).... 29,900,000
Administrative expenses.............................. 26,329,000
------------------
Total:....................................... $597,629,000
------------------------------------------------------------------------
Consistent with the FAST Act, the agreement includes
$5,494,000 for in-vehicle alcohol detection device research
within the highway safety programs funded under the
operations and research heading. The agreement does not
include additional funding for this research as a set-aside
within highway traffic safety grants.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 prohibits the use of funds in the Act for the
National Roadside Survey.
Section 143 prohibits funds from being used to mandate
global positioning systems in
[[Page H2877]]
private vehicles without consideration of privacy concerns.
Section 144 provides additional funding for highway safety
programs.
Federal Railroad Administration
SAFETY AND OPERATIONS
The agreement provides $221,698,000 for safety and
operations of the Federal Railroad Administration (FRA). Of
the funds provided, $15,900,000 is available until expended,
and up to $350,000 is available for the Secretary to assist
Class II and Class III railroads to prepare and apply for
Railroad Rehabilitation and Improvement Financing Program
(RRIF) direct loans. The agreement fully funds every
previously provided full-time equivalent position and does
not provide for new positions in fiscal year 2018.
The agreement funds the following priorities:
------------------------------------------------------------------------
------------------------------------------------------------------------
Safe transportation of energy products..................... $2,000,000
Automated track inspection program......................... 16,500,000
Railroad safety information system and front end interface. 4,800,000
Positive train control..................................... 10,000,000
Confidential close call program............................ 3,500,000
National bridge system inventory update and model 600,000
modification..............................................
------------------------------------------------------------------------
The agreement directs FRA to explore ways to increase
participation in the confidential close call reporting system
and develop a solution that allows the private sector to
contribute financially to the program. FRA is directed to
provide a summary report on the previous direction to the
House and Senate Committees on Appropriations within 120 days
of enactment of this Act.
RAILROAD RESEARCH AND DEVELOPMENT
The agreement provides $40,600,000, to remain available
until expended, for railroad research and development. The
agreement supports $2,500,000 to improve safety practices and
training for Class II and Class III freight railroads;
$2,000,000 for tank car research related to the safe
transportation of energy products in partnership with other
Federal agencies; and $1,000,000 for research with
universities on intelligent railroad systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The agreement authorizes the Secretary to issue direct
loans and loan guarantees pursuant to sections 501 through
504 of P.L. 94-210, and provides $25,000,000 for the cost of
such credit instruments. The agreement directs the Secretary,
in consultation with the Director of the Office of Management
and Budget, to define and create loan cohorts on a fiscal
year basis within 120 days of enactment of this Act. Within
180 days of enactment of this Act, the Secretary is required
to repay the credit risk premium (CRP) plus interest for all
loans in cohorts with satisfied obligations. For cohorts with
outstanding obligations, the Secretary is required to repay
the CRP plus interest within 60 days after all obligations in
the cohort are satisfied.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
The agreement provides $250,000,000, to remain available
until expended, for grants authorized by section 24911 of
title 49, United States Code, and allows the Secretary to
withhold up to one percent for project management and
oversight of these grants. In addition, the agreement
clarifies that an otherwise eligible project on the Northeast
Corridor may receive a grant if the entities at the project
locations have valid cost allocation agreements with Amtrak
pursuant to section 24905(c)(2) title 49 U.S.C.
The Agreement does not direct FRA to give preference to
projects with completed environmental and design work or for
critical at-risk projects.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
The agreement provides $592,547,000, to remain available
until expended, for consolidated rail infrastructure and
safety improvements grants. Of this amount, $35,500,000 is
for projects eligible under section 24407(c)(2) of title 49
U.S.C. that contribute to the initiation or restoration of
intercity passenger rail service; and $250,000,000 is for
Positive Train Control (PTC) deployment grants pursuant to
section 24407(c)(1). In addition, the agreement expands PTC
deployment grant eligibility to include commuter rail lines
and allows the Secretary to transfer funds, after selection,
to the appropriate agency. The agreement allows applications
for multiple phases of a project in the same application. The
agreement allows the Secretary to withhold up to one percent
for project management and oversight of these grants.
RESTORATION AND ENHANCEMENT
The agreement provides a total of $20,000,000, to remain
available until expended, for restoration and enhancement
grants authorized by section 24408 of title 49 U.S.C. The
agreement allows the Secretary to withhold up to one percent
for project management and oversight of these grants.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The agreement provides $650,000,000 for the Secretary to
make grants for activities associated with the Northeast
Corridor (NEC), defined as the main line between Boston,
Massachusetts, and the District of Columbia, and the
facilities and services used to operate and maintain that
line. Amtrak projects a fiscal year 2018 NEC net operating
profit of $403,500,000, yielding a total funding level of
$1,053,500,000 for the NEC.
The agreement allows the Secretary to retain up to one-half
of one percent of the total provided to Amtrak for project
management and oversight costs and requires not less than
$50,000,000 to bring Amtrak-served facilities and stations
into compliance with the Americans with Disabilities Act. The
agreement also allows up to $5,000,000 of the NEC grants to
fund the NEC Commission expenses.
The Agreement does not include language from the Senate
Report 115-138 and does not include the directive from House
Report 115-237 requiring the FRA to first give preference to
eligible projects that have complete environmental impact
statements and final design or that address major critical
assets which have conditions that pose a substantial risk now
or in the future to the reliability of train service before
considering other factors.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The agreement provides $1,291,600,000 for the Secretary to
make grants for activities associated with the National
Network. National Network Grants provide operating and
capital funding for expenses on Amtrak's entire network,
including long-distance routes that operate on the NEC. Of
this amount, the Secretary may retain up to an additional
$2,000,000 to fund expenses associated with the state-
supported route committee, up to $5,000,000 may be used for
costs associated with matters Amtrak brings before the
Surface Transportation Board related to passenger rail
service, and a minimum of $50,000,000 shall be for railroad
safety technologies on state-supported routes that are not
required to install PTC.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Section 150 limits overtime to $35,000 per employee. The
agreement allows Amtrak's president to waive this restriction
for specific employees for safety or operational efficiency
reasons. Amtrak's president is required to delineate the
reasons for granting such waiver, provide quarterly reports
within 30 days of the quarter's end on cap waivers granted,
and amounts paid above the cap for each month. The agreement
also requires Amtrak's president to provide an annual report
60 days after enactment of this Act that summarizes Amtrak's
total overtime expenses incurred by the corporation in 2017
and the three prior years, and the number of employees
receiving overtime cap waivers and total overtime payments
resulting from waivers by month of the 2017 calendar year and
the three prior calendar years.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The agreement provides $113,165,000 for administrative
expenses.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement limits obligations from the Mass Transit
Account for transit formula grants to $9,733,353,407, as
authorized by the FAST Act. Funds are to be distributed as
authorized. Further, the agreement provides $10,300,000,000
for the liquidation of contract authority.
TRANSIT INFRASTRUCTURE GRANTS
The agreement provides an additional $834,000,000 in
transit infrastructure grants to remain available until
expended. Of the funds provided, $400,000,000 is available
for buses and bus facilities grants authorized under 49
U.S.C. 5339, of which $209,104,000 is provided for formula
grants, $161,446,000 is provided for competitive grants, and
$29,450,000 is provided for low or no emission grants. In
addition, $400,000,000 is available for state of good repair
grants authorized under 49 U.S.C. 5337, $30,000,000 is
provided for high density state apportionments authorized
under 49 U.S.C. 5340(d), $2,000,000 is provided for the bus
testing facility authorized under 49 U.S.C. 5318, and
$2,000,000 is provided for bus testing facilities authorized
under 49 U.S.C. 5312(h). The agreement provides funding from
the general fund, and the funding is not subject to any
limitation on obligations.
TECHNICAL ASSISTANCE AND TRAINING
The agreement provides $5,000,000 for research activities
under 49 U.S.C. 5314.
CAPITAL INVESTMENT GRANTS
The agreement provides $2,644,960,000 for fixed-guideway
projects, to remain available until September 30, 2021, and
directs the Secretary to administer the capital investment
grants program in accordance with the requirements of 49
U.S.C. 5309 and move projects through the program from
initial application to construction. The agreement directs
the FTA to use $5,050,000 from unobligated amounts for fixed-
guideway projects. Of the funds provided, $1,506,910,000 is
available for projects authorized under 5309(d), $715,700,000
is available for projects authorized under 5309(e),
$400,900,000 is for projects authorized under 5309(h), and
$26,500,010 is available for oversight activities. The
agreement directs the Secretary to obligate $2,252,508,586 of
the amount provided for the capital investment grants program
by December 31, 2019. The agreement directs the Secretary to
provide updated project ratings expeditiously at the request
of the project sponsor.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The agreement provides $150,000,000 to carry out section
601 of division B of Public
[[Page H2878]]
Law 110-432, to remain available until expended. The
agreement no longer requires the Secretary to certify that
WMATA is making progress toward full implementation of the
corrective actions identified in the 2014 Financial
Management Oversight review as WMATA has addressed all
findings associated with improper financial management.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows for the transfer of appropriations made
prior to October 1, 2017 from older accounts to be merged
into new accounts with similar current activities.
Section 162 prohibits funds in this Act from being used to
advance a specific transit line in Harris County, Texas
without the results of a local election.
Section 163 prohibits funds to enter into an FFGA for a
project with a New Starts share greater than 51 percent.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The agreement provides $40,000,000 for operations,
maintenance, and the capital asset renewal program, of which
not less than $19,500,000 is provided for asset renewal
program activities and shall remain available until September
30, 2020. The Saint Lawrence Seaway Development Corporation
(SLSDC) is directed to submit an annual report to the House
and Senate Committees on Appropriations on its asset renewal
program activities by April 30, 2018. The agreement limits
funding for new studies and reports for SLSDC to those
studies listed in the fiscal year 2018 budget estimates.
Maritime Administration
MARITIME SECURITY PROGRAM
The agreement provides the authorized level of $300,000,000
for the maritime security program. Funds are available until
expended.
OPERATIONS AND TRAINING
The agreement provides a total of $513,642,000 for the
Maritime Administration's (MARAD) operations and training
account.
For the U.S. Merchant Marine Academy (USMMA), the bill
provides a total of $121,000,000. Of the funds provided,
$69,000,000 is for Academy operations, including funds for an
attorney for sexual assault and harassment legal advice;
$45,000,000 is for the capital improvement program; and
$7,000,000 is for maintenance, repairs, and equipment. The
agreement directs MARAD to utilize the resources provided to
fully meet the staffing, support, and training needs at the
Academy to address the prevention of sexual assault and
sexual harassment.
The agreement provides a total of $332,200,000 for the
state maritime academies, of which $6,000,000 is for direct
payments; $2,400,000 is for student incentive payments;
$22,000,000 is for schoolship maintenance and repair;
$1,800,000 is for fuel assistance; and $300,000,000 is for
design and construction of a new common schoolship for the
National Security Multi-Mission Vessel Program (NSMVP). The
agreement also allows prior year NSMVP design funds to be
available for construction purposes.
Finally, the agreement provides a total of $60,442,000 for
MARAD headquarters, regional offices, and maritime program
expenses. Of the funds provided, up to $1,000,000 is for
contract support and/or additional personnel to administer,
manage, and oversee the NSMVP new construction contract;
$3,000,000 is for the maritime environmental and technical
assistance program, as authorized by 46 U.S.C. 50307; and
$7,000,000 is for the short sea transportation program,
authorized by 46 U.S.C 55601(b)(1) and (3).
The agreement requires MARAD to submit the biennial survey
and report on sexual assault and sexual harassment at the
Academy, as required pursuant to section 3507 of P.L. 110-
418, to the House and Senate Committees on Appropriations no
later than January 12, 2019.
ASSISTANCE TO SMALL SHIPYARDS
The agreement provides $20,000,000 for the small shipyard
grant program, to remain available until expended.
SHIP DISPOSAL
The agreement provides $116,000,000, to remain available
until expended, for the ship disposal program. Of the total,
$6,000,000 is for the disposal of four National Defense
Reserve Fleet vessels, and $110,000,000 is for the storage,
maintenance, and final decommissioning of the NS Savannah.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides a total of $30,000,000 for the Title
XI program for the cost of guaranteed loans. Of the total,
$3,000,000 is available for administrative expenses and shall
be transferred to MARAD's operations and training account for
administrative expenses.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
Section 171 prohibits a fee-for-service contract for vessel
disposal, scrapping, or recycling unless a qualified domestic
ship recycler will not pay for the vessel.
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
The agreement provides $23,000,000 for necessary
operational expenses. Within this amount, the agreement
includes $1,500,000 for ``Pipeline Safety Information Grants
to Communities,'' as authorized under section 60130 of title
49, United States Code.
HAZARDOUS MATERIALS SAFETY
The agreement provides $59,000,000 for the agency's
hazardous materials safety functions. Of this amount,
$7,570,000 is available until September 30, 2020, and
$800,000 in fees collected under 49 U.S.C. 5108(g) shall be
deposited in the general fund as offsetting receipts. Funds
made available until September 30, 2020, are for long-term
research and development contracts.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The agreement provides $162,000,000 for pipeline safety. Of
that amount, $23,000,000 is derived from the oil spill
liability trust fund, to remain available until September 30,
2020; $131,000,000 is derived from the pipeline safety fund,
of which $64,736,000 is available until September 30, 2020;
and $8,000,000 is derived from the underground natural gas
storage facility safety account of the pipeline safety fund,
to remain available until September 30, 2020. Of the total
amount, not less than $1,058,000 shall be for the one-call
state grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
The agreement provides an obligation limitation of
$28,318,000 for emergency preparedness grants. Further, the
amount of funding provided under this account that is
available for administrative costs is increased from two
percent to four percent.
Office of Inspector General
SALARIES AND EXPENSES
The agreement provides $92,152,000 for the salaries and
expenses of the Office of Inspector General.
General Provisions--Department of Transportation
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records, with an exception.
Section 183 prohibits the use of funds for salaries and
expenses of more than 110 political and Presidential
appointees in the Department of Transportation.
Section 184 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency, with an exception.
Section 185 prohibits DOT from using funds to make a grant,
loan, loan guarantee, or cooperative agreement, unless DOT
gives a 3 day advance notice to the House and Senate
Committees on Appropriations. The provision also requires
notice of any ``quick release'' of funds from FHWA's
emergency relief program and prohibits notifications from
involving funds not available for obligation. The provision
requires DOT to provide a comprehensive list of all loans,
loan guarantees, lines of credit, cooperative agreements, and
discretionary grants that will be announced with a 3 day
advance notice to the House and Senate Committees on
Appropriations.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to
be made available until expended to cover expenses incurred
in recovery of such payments.
Section 188 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 189 allows funds appropriated to modal
administrations to be obligated for the Office of the
Secretary for costs related to assessments only when such
funds provide a direct benefit to that modal administration.
Section 190 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits,
including distribution of transit benefits.
Section 191 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference
not otherwise authorized by law, only if certain requirements
are met related to availability of local labor, displacement
of existing employees, and delays in transportation plans.
[[Page H2879]]
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
The agreement directs the Department of Housing and Urban
Development (HUD) to refer all appropriations law issues to
the Office of Chief Financial Officer (OCFO) appropriations
attorneys. The agreement also directs the Department to allow
other offices to participate in technical assistance between
the House and Senate Committees on Appropriations and the
OCFO appropriations attorneys only at the invitation of those
Committees.
executive offices
The agreement includes $14,708,000 for the salaries and
expenses for Executive Offices, which shall be comprised of
seven offices including the Offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, and Small and
Disadvantaged Business Utilization, as well as the Center for
Faith-Based and Neighborhood Partnerships. The agreement
includes a provision limiting official reception and
representation expenses to no more than $19,876.
administrative support offices
The agreement provides $518,303,000 for Administrative
Support Offices. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer................ $52,200,000
Office of the General Counsel........................ 95,400,000
Office of Administration............................. 204,253,000
Office of the Chief Human Capital Officer............ 39,300,000
Office of Field Policy and Management................ 53,500,000
Office of the Chief Procurement Officer.............. 19,500,000
Office of Departmental Equal Employment Opportunity.. 3,800,000
Office of Strategic Planning and Management.......... 4,950,000
Office of the Chief Information Officer.............. 45,400,000
------------------
Total............................................ $518,303,000
------------------------------------------------------------------------
The agreement no longer caps the staffing level of the OCFO
Office of the Budget to the level of staff on board on
September 30, 2017. The agreement amends Senate Report 115-
138 by directing the Department to prioritize the hiring of
additional staff for the OCFO Office of Accounting. The
agreement neither authorizes the creation of an Office of
Chief Operations Officer, nor allows for the Secretary to
transfer any funds from the proposed office into the
``Information Technology Fund.'' The agreement requires the
Secretary to submit organizational charts within 30 days of
enactment of this Act that reflect the Department's and each
office's structure (to the branch level) on October 1, 2017
and on the date of enactment of this Act. The agreement notes
that the Department received a failing grade on the most
recent Biannual FITARA Scorecard for software licensing and
directs the Department to prioritize improving its management
of software licenses, including inventory and usage analysis.
Program Office Salaries and Expenses
public and indian housing
The agreement provides $216,633,000 for the salaries and
expenses for the Office of Public and Indian Housing.
community planning and development
The agreement provides $107,554,000 for the salaries and
expenses for the Office of Community Planning and
Development. The agreement amends the hiring directive
contained in Senate Report 115-138 to clarify that regional
and field office hiring should be prioritized to support the
closeout of open audits and backlog of open grants,
particularly as it relates to disaster recovery grants,
before hiring personnel in other areas, unless such staff are
identified as backfilling mission-critical positions.
housing
The agreement provides $383,000,000 for the salaries and
expenses for the Office of Housing. The agreement no longer
directs the Department to perform the activities carried out
in prior years by the performance-based contract
administrators within the Office.
policy development and research
The agreement provides $24,065,000 for the salaries and
expenses for the Office of Policy Development and Research.
fair housing and equal opportunity
The agreement provides $69,808,000 for the salaries and
expenses for the Office of Fair Housing and Equal
Opportunity.
office of lead hazard control and healthy homes
The agreement provides $7,600,000 for the salaries and
expenses for the Office of Lead Hazard Control and Healthy
Homes.
working capital fund
(including transfer of funds)
The agreement provides the Secretary with the authority to
transfer amounts provided in this title for salaries and
expenses, except those for the Office of Inspector General,
to this account for the purpose of funding certain
centralized activities.
Public and Indian Housing
tenant-based rental assistance
The agreement provides $22,015,000,000 for all tenant-based
Section 8 activities under the Tenant-Based Rental Assistance
account. Language is included designating funds provided as
follows:
------------------------------------------------------------------------
Activity Agreement
------------------------------------------------------------------------
Voucher Renewals..................................... $19,600,000,000
Tenant Protection Vouchers........................... 85,000,000
Administrative Fees.................................. 1,760,000,000
Section 811 Vouchers................................. 505,000,000
Tribal HUD-VASH Renewals............................. 5,000,000
HUD-VASH Incremental Vouchers........................ 40,000,000
Family Unification Program Vouchers.................. 20,000,000
------------------------------------------------------------------------
The agreement includes a provision requiring the
notification of obligations to Public Housing Authorities
(PHAs), including the tenant protection voucher notice,
within 60 days of enactment of this Act.
The agreement includes language that allows the Secretary
to consider PHAs' net restricted assets balances when
determining allocations.
The agreement does not include funding for public housing
information technology modernization projects or the
authority to transfer amounts to the Public Housing Capital
Fund for this purpose.
housing certificate fund
(including rescissions)
The agreement includes language allowing unobligated
balances in the Housing Certificate Fund to be used for the
renewal of or amendments to section 8 project-based contracts
and for performance-based contract administrators.
public housing capital fund
The agreement provides $2,750,000,000, of which up to
$8,300,000 is for public housing financial and physical
assessment activities; up to $1,000,000 is for administrative
and judicial receiverships; not to exceed $21,500,000 for
emergency capital needs, of which not less than $5,000,000 is
for safety and security measures; up to $35,000,000 for the
Resident Opportunities and Self-Sufficiency program; and
$15,000,000 for the Jobs-Plus Pilot Initiative.
Public Housing Mortgage Program.--The agreement excludes
the directive contained in House Report 115-237 for HUD to
create a research advisory committee on the public housing
mortgage program and to provide quarterly reports to the
House and Senate Committees on Appropriations on the same
subject. Instead, the Department is directed to provide a
single report within 180 days of enactment of this Act on
policy and regulatory changes that would allow for increased
use of the public housing mortgage program.
public housing operating fund
The agreement provides $4,550,000,000 for the Public
Housing Operating Fund.
choice neighborhoods initiative
The agreement provides $150,000,000 for the Choice
Neighborhoods Initiative. The agreement includes language
requiring that at least $75,000,000 be made available to PHAs
and provides up to $5,000,000 for grants to fund
comprehensive local implementation plans with community
notice and input. The agreement requires the Department to
issue the notice of funding availability (NOFA) within 60
days of enactment and to issue awards within 270 days of
enactment of this Act.
family self-sufficiency
The agreement provides $75,000,000 for the Family Self-
Sufficiency program to support service coordinators who serve
residents in both the public housing and Section 8 voucher
programs.
native american housing block grants
(including transfer of funds)
The agreement provides $755,000,000 for the Native American
Housing Block Grant program. Of the total amount,
$100,000,000 is provided for competitive grants to remain
available until September 30, 2022. The remaining
$655,000,000 is for the formula funding program and shall
remain available until September 30, 2022. Of this amount,
$7,000,000 is set aside for inspections, contracting
expertise, training, and technical assistance related to
funding provided for the needs of Native Americans, including
no less than $2,000,000 to be awarded to a national
organization as authorized by section 703 of Native American
Housing Assistance and Self Determination Act of 1996
(NAHASDA), and $2,000,000 is for the cost of guaranteed loans
as authorized by title VI of NAHASDA provided that the
principal amount is no greater than $17,391,304.
The agreement does not include a provision limiting the
amount of funding a tribe can receive, and therefore the
Department is not directed to collect data on the impact of
such provision.
indian housing loan guarantee fund program account
The agreement provides $1,000,000, to remain available
until expended, to subsidize a total loan level of up to
$270,270,270.
native hawaiian housing block grant
The agreement provides $2,000,000 for the Native Hawaiian
Housing Block Grant program, to remain available until
September 30, 2022.
Community Planning And Development
housing opportunities for persons with aids
The agreement provides $375,000,000 for the housing
opportunities for persons with AIDS program, to remain
available until September 30, 2019, except for amounts
allocated pursuant to 854(c)(5) of the AIDS Housing
Opportunity Act, which shall remain available until September
30, 2020.
community development fund
The agreement provides $3,365,000,000 for the community
development fund, to remain available until September 30,
2020. Of the total, the agreement provides $3,300,000,000 in
formula funding and $65,000,000 for Indian
[[Page H2880]]
tribes, of which up to $4,000,000 is available for imminent
health and safety emergencies.
community development loan guarantees
program account
The agreement does not provide a credit subsidy for this
program, but instead provides the authority to collect fees
from borrowers adequate to result in a subsidy cost of zero.
The agreement also provides an aggregate limitation on
commitments of no more than $300,000,000 for loan guarantees
under section 108.
home investment partnerships program
The agreement provides $1,362,000,000, to remain available
until September 30, 2021, for the home investment
partnerships program.
self-help and assisted homeownership opportunity program
The agreement provides a total of $54,000,000 for this
account, of which $50,000,000 shall remain available until
September 30, 2020, in the following amounts and for the
following purposes: $10,000,000 for the self-help
homeownership opportunity program; $35,000,000 for the
second, third, and fourth capacity building activities
authorized under section 4(a) of the HUD Demonstration Act of
1993, of which not less than $5,000,000 shall be for rural
capacity building activities; and $5,000,000 for capacity
building activities by national organizations with expertise
in rural housing development. The remaining $4,000,000 shall
remain available until expended for a program to rehabilitate
and modify homes of disabled or low-income veterans as
authorized under section 1079 of Public Law 113-291. The
agreement directs HUD to publish a NOFA for the Home
Rehabilitation and Modification Pilot Program for Disabled or
Low-Income Veterans within 30 days of enactment of this Act
and to award funds provided for this program in fiscal years
2016, 2017, and 2018 within 180 days of enactment of this
Act.
homeless assistance grants
The agreement provides $2,513,000,000, to remain available
until September 30, 2020, for homeless assistance grants. Of
the amount provided, not less than $270,000,000 shall be for
the emergency solutions grants program; not less than
$2,106,000,000 shall be for the continuum of care and rural
housing stability assistance programs; up to $50,000,000
shall be for rapid re-housing projects and supportive service
projects providing coordinated entry and for eligible
activities that are critical in order to assist survivors of
domestic violence, dating violence, and stalking; up to
$7,000,000 shall be for the national homeless data analysis
project; and up to $80,000,000 shall be for projects in up to
25 communities, including up to 8 rural communities, to
demonstrate how a comprehensive approach to serving homeless
youth can reduce youth homelessness, of which up to
$5,000,000 shall be for technical assistance on youth
homelessness, and the collection, analysis, and reporting of
data and performance measures under the comprehensive
approaches to serve homeless youth.
Housing Programs
project-based rental assistance
The agreement provides $11,115,000,000 for project-based
rental assistance activities, of which not to exceed
$285,000,000 is for performance-based contract administrators
(PBCA). The agreement also provides an additional advance
appropriation of $400,000,000, to be made available on
October 1, 2018. The agreement allows for the Secretary to
use project funds held in residual receipt accounts,
unobligated balances, including recaptures, and carryover for
program activities.
Troubled properties report.--The agreement directs the
Department to provide quarterly reports to the House and
Senate Committees on Appropriations on projects with
deficient and or unsatisfactory scores within the past 36
months and the Department's plans to remedy those
deficiencies. The agreement does not impose any monetary
penalties on the Department for failing to meet reporting
deadlines; however, the House and Senate Committees on
Appropriations expect the Department to comply with the
reporting deadlines herein.
Performance-based contract administrators (PBCAs).--The
agreement notes that PBCA services are integral to the
Department's efforts to provide effective and efficient
oversight and monitoring of this program, reduce improper
payments, protect tenants, and ensure that properties are
well maintained. In December 2017, the Department issued two
solicitations, numbered 86546A18R00001 and 86546A18R00002, to
procure PBCA services on a competitive basis. Due to the
overwhelming critical responses from industry and
stakeholders, the Department chose to cancel these
solicitations, and the House and Senate Committees on
Appropriations find such action appropriate. In keeping with
the Administration's direction, the agreement supports the
cancellation of these solicitations for the remainder of the
fiscal year. In addition, the agreement directs the
Department to report to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act on the
staffing and funding requirements in the Office of
Multifamily Housing Programs and the Office of the Chief
Procurement Officer that would be necessary to undertake and
oversee a state-by-state contracting methodology, as compared
to the cancelled proposals.
housing for the elderly
The agreement provides $678,000,000 for the Section 202
program, to remain available until September 30, 2021, of
which $105,000,000 shall be for new capital advances and
project-based rental assistance contracts, and up to
$90,000,000 shall be for service coordinators and the
continuation of existing congregate service grants. The
appropriation, plus carryover balances and residual receipts,
fully funds all renewals, amendments, and property
inspections related to project-based rental assistance
contracts, senior preservation rental assistance contracts,
service coordinators, and existing congregate service grants.
housing for persons with disabilities
The agreement provides $229,600,000 for the Section 811
program to remain available until September 30, 2021. The
appropriation, plus carryover balances and residual receipts,
fully funds all project-based rental assistance contract
amendments and renewals. The agreement includes $82,600,000
for new capital advance and project rental assistance awards
and directs HUD to prioritize the creation of new unit
configurations that help localities comply with the
obligations of Olmstead v. LC, 527 U.S. 581 (1999).
housing counseling assistance
The agreement provides $55,000,000 for housing counseling
assistance, including up to $4,500,000 for administrative
contract services, to remain available until September 30,
2019. The agreement requires the Secretary to award grants
within 180 days of enactment of this Act and allows for the
Secretary to enter into multiyear grant agreements, subject
to the availability of annual appropriations.
rental housing assistance
The agreement provides $14,000,000 for the rental housing
assistance program and allows for the Department to use
funds, including unobligated balances and recaptured amounts,
for one-year contract extensions.
payment to manufactured housing fees trust fund
The agreement provides $11,000,000 for the manufactured
housing standards programs, of which $11,000,000 is to be
derived from fees collected and deposited in the Manufactured
Housing Fees Trust Fund. The agreement directs that not less
than $3,600,000 is for payments to State Administrative
Agency partners and not less than $4,000,000 is for the
monitoring of manufacturers' compliance with construction and
safety standards by third party inspection agencies. The
Department has issued a final rule, interpretive bulletin,
and memorandum regarding the on-site completion of
construction of manufactured homes cited in section 424 of
H.R. 3354 that has caused concern among various stakeholders.
The agreement directs the Department to review such rule,
interpretive bulletin, and memorandum, and develop a solution
that ensures the safety of consumers and minimizes costs and
burdensome requirements on manufacturers and consumers. The
agreement also directs the Department to explore if state and
local planning and permitting agencies should have
jurisdiction over on-site completion and to provide a report
to the House and Senate Committees on Appropriations within
120 days of enactment of this Act.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The agreement establishes a limitation of $400,000,000,000
on commitments to guarantee single-family loans during fiscal
year 2018, and provides that such commitment authority shall
be available until September 30, 2019. The agreement also
provides $130,000,000 for administrative contract expenses
and provides an additional $1,400 for administrative contract
expenses, up to $30,000,000, for each $1,000,000 in
additional guaranteed loan commitments, if guaranteed loan
commitment levels exceed $200,000,000,000 by April 1, 2018.
The agreement requires that insurance for new mortgage
commitments in fiscal year 2018 under Section 255 of the
National Housing Act have a net credit subsidy cost that does
not exceed zero. The agreement prohibits FHA from taking
adverse actions against lenders in disaster affected areas
based solely on compare ratios and negates the reporting
requirement included in Senate Report 115-138 related to 24
C.F.R. 203.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement establishes a $30,000,000,000 limitation on
multifamily and specialized loan guarantees during fiscal
year 2018 and provides that such commitment authority shall
be available until September 30, 2019.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES
LOAN GUARANTEE PROGRAM ACCOUNT
The agreement establishes a limitation of up to
$500,000,000,000 for new commitments during fiscal year 2018,
which shall be available until September 30, 2019. The
agreement also provides $27,000,000 for salaries and expenses
for the Government National Mortgage Association during
fiscal year 2018. The agreement increases salaries and
expenses by $100 for each $1,000,000 in additional guaranteed
loan commitments, up to a maximum of $3,000,000, if
guaranteed loan commitments exceed $155,000,000,000 by April
1, 2018.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The agreement provides $89,000,000 for research and
technology activities and technical assistance, to remain
available until September 30, 2019.
[[Page H2881]]
The agreement provides up to $14,000,000 for critical
research, demonstrations, and evaluations, including:
Moving to Work Expansion Demonstration evaluation;
Choice Neighborhood Implementation study (final
phase);
Family Unification Program and Family Self-
Sufficiency evaluation;
Rental Assistance Demonstration and Choice
Mobility evaluation;
Effectiveness Evaluation of HUD's Resiliency
Funding in Response to Natural Disasters;
Family Self-Sufficiency National evaluation;
First-Time Homebuyer Education and Counseling; and
Process and Outcome Evaluation of the Rental
Assistance Demonstration's Impact on Tenants, Related
Protections, and Long-Term Preservation of Housing
Affordability.
The agreement provides not less than $25,000,000 under this
heading for technical assistance, of which $3,000,000 is for
non-profit or private sector organizations to provide
technical assistance to distressed cities or regions.
Further, up to $50,000,000 is provided for core research
and technology including: market surveys, research support
and dissemination, data acquisition, housing finance studies,
research partnerships, and housing technology.
The agreement provides no funding under this heading for
the EnVision Center Demonstration.
The agreement encourages the Department to continue using
ZIP Code-level data when calculating the most impacted and
distressed areas in the community development block grant--
disaster recovery program.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The agreement provides $65,300,000 for fair housing
activities, of which $39,600,000 is for the Fair Housing
Initiatives Program (FHIP), $23,900,000 is for the Fair
Housing Assistance Program, $1,500,000 is for the National
Fair Housing Training Academy, and $300,000 is for translated
materials. Of the funds available for FHIP, not less than
$7,450,000 is available for education and outreach programs.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
The agreement provides $230,000,000 for lead hazard control
and healthy homes programs. Of the amount provided,
$45,000,000 is available for the healthy homes initiative.
The agreement consolidates HUD's two lead hazard reduction
funding programs into a single grant program and directs HUD
to award not less than $95,000,000 to those jurisdictions
with the highest lead-based paint abatement needs. This
consolidation will establish a single source of funding for
lead hazard reduction grants with a single set of application
criteria, which will ease administrative burdens on both the
applicants and the Department.
Information Technology Fund
The agreement provides $267,000,000 for the Information
Technology Fund, of which $250,000,000 is available until
September 30, 2019, and $17,000,000 is available until
September 30, 2020. The agreement does not include additional
funding for the development, modernization, and enhancement
of the next generation management system. Instead, the
agreement includes $7,000,000 for cyber security improvements
and $10,000,000 for disaster grant management.
Office of Inspector General
The agreement provides $128,082,000 for the salaries and
expenses of the Office of Inspector General. The agreement
does not limit funding for the hiring of any additional
personnel.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSION)
Section 201 splits overpayments evenly between the Treasury
and State Housing Finance Agencies.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of
1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government
Corporation Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2019 to be submitted in
the identical account and sub-account structure provided in
this Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility and includes consideration for persons
with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal
year 2005.
Section 213 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 214 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 215 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State
on behalf of non-entitlement communities in the State.
Section 216 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 217 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 218 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 219 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2018.
Section 220 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses
appropriations, and requires the Department to submit a spend
plan to the House and Senate Committees on Appropriations.
Section 221 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less,
appropriated under the headings ``Administrative Support
Offices'' or ``Program Office Salaries and Expenses'' to any
other office funded under such headings.
Section 222 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 223 places a salary and bonus limit on public
housing agency officials and employees.
Section 224 authorizes HUD to obligate balances previously
made available under the heading ``Choice Neighborhoods
Initiative'' until September 30, 2018.
Section 225 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 226 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 227 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 228 prohibits the use of funds to terminate the
status of a unit of general local government as a
metropolitan city with respect to grants under section 106 of
the Housing and Community Development Act of 1974.
Section 229 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement
to be reobligated for additional research.
Section 230 prohibits funds to be used for financial awards
for employees subject to administrative discipline in fiscal
years 2017 or 2018.
Section 231 authorizes the Secretary on a limited basis to
use funds available under the ``Homeless Assistance Grants''
heading to participate in the multiagency Performance
Partnership Pilots program.
Section 232 allows program income as an eligible match for
2015, 2016, 2017, and 2018 Continuum of Care funds.
Section 233 permits HUD to provide one year transition
grants under the continuum of care program with no more than
50 percent of the grant provided for costs of eligible
activities of the program component originally funded.
Section 234 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 235 prohibits section 218(g) of the Cranston-
Gonzalez National Affordable Housing Act from applying with
respect to the right of a jurisdiction to draw funds from its
HOME Investment Trust Fund that otherwise expired or would
expire in 2016, 2017, 2018, 2019, or 2020.
Section 236 extends the mark to market program to October
1, 2022.
Section 237 modifies the Rental Assistance Demonstration
included in Public Law 112-55.
Section 238 prohibits funds from being used to interfere
with State and local inspections of public housing units.
Section 239 maintains current Promise Zone designations and
agreements.
Section 240 repeals a duplicative provision providing
Section 8 voucher flexibility.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The agreement provides $8,190,000 for salaries and
expenses.
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Federal Maritime Commission
SALARIES AND EXPENSES
The agreement provides $27,490,000 for salaries and
expenses, of which not more than $2,000 is available for
official reception and representation expenses. Of the funds
provided, not less than $480,931 is available for the Office
of Inspector General.
National Railroad Passenger Corporation
Office of the Inspector General
SALARIES AND EXPENSES
The agreement provides $23,274,000.
National Transportation Safety Board
SALARIES AND EXPENSES
The agreement provides $110,400,000.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The agreement provides $140,000,000, of which $5,000,000
shall be for a multi-family rental housing program. The
Neighborhood Reinvestment Corporation is directed to provide
at least 3-day advance notice to the House and Senate
Committees on Appropriations prior to the announcement of any
grant exceeding $50,000 that is awarded to a Neighborhood
Reinvestment Corporation network organization.
Surface Transportation Board
SALARIES AND EXPENSES
The agreement provides $37,100,000 for salaries and
expenses. The agreement permits the collection of up to
$1,250,000 in user fees to be credited to that appropriation
and provides that the general fund appropriation be reduced
on a dollar-for-dollar basis by the actual amount collected
in user fees to result in a final appropriation from the
general fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
OPERATING EXPENSES
The agreement provides $3,600,000 and extends the
authorization of the agency until October 1, 2020.
The agreement does not direct USICH to comply with certain
performance requirements included in Senate Report 115-138
for its fiscal year 2019 budget submission. However, the
agreement does not discourage USICH from developing such
performance goals and metrics in order to measure its
progress in accomplishing its mission.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSIONS)
Section 401 prohibits the use of funds for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming
and transfer authorities.
Section 406 provides that not to exceed fifty percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2019, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent
domain is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S.
Government, except where transfer authority is provided in
this or any other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air
Transport Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance
is important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or
practice complaints filed at the amount authorized for
district court civil suit filing fees.
Section 416 prohibits the use of funds to purchase or lease
new light-duty vehicles for any executive fleet or fleet
inventory, except in accordance with Presidential Memorandum-
Federal Fleet Performance, dated May 24, 2011.
Section 417 rescinds all unobligated balances, including
recaptures and carryover, from various salaries and expenses
accounts.
Section 418 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 419 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 420 requires the FAA to permit intermittent large
cargo air carriers to land in remote areas using a mix of
available meteorological weather reports, in place of
National Weather Service forecast reports where they do not
provide weather coverage.
Section 421 allows states to utilize CMAQ funds for
operating assistance on certain State-supported Amtrak routes
without a time limitation.
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DIVISION S
TITLE I
EXPLANATORY STATEMENT
It is the intent of Congress that any rule promulgated by
the Attorney General for purposes of establishing the
criteria for use by designated entities in making a
determination of fitness described in subsection (b)(4)
comply with title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq), including special consideration of the
U.S. Equal Employment Opportunity Commission's (EEOC)
Enforcement Guidance (April 25, 2012) on the Use of Criminal
Background Checks.
This language shall have no effect on or direction implied
to any other Division of this Act or on any part of the Joint
Explanatory Statement. Any effect of this language shall be
limited strictly to the Division and title noted in the
header.