[Congressional Record Volume 163, Number 76 (Wednesday, May 3, 2017)] [House] [Pages H3327-H3947] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] [[Page H3327]] ----------------------------------------------------------------------- House of Representatives EXPLANATORY STATEMENT SUBMITTED BY MR. FRELINGHUYSEN OF NEW JERSEY, CHAIRMAN OF THE HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO THE SENATE AMENDMENTS ON H.R. 244 The following is an explanation of the Consolidated Appropriations Act, 2017. This Act includes 11 regular appropriations bills for fiscal year 2017. The divisions contained in the Act are as follows:Division A--Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017 Division B--Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 Division C--Department of Defense Appropriations Act, 2017 Division D--Energy and Water Development and Related Agencies Appropriations Act, 2017 Division E--Financial Services and General Government Appropriations Act, 2017 Division F--Department of Homeland Security Appropriations Act, 2017 Division G--Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017 Division H--Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017 Division I--Legislative Branch Appropriations Act, 2017 Division J--Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 Division K--Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 Division L--Military Construction and Veterans Affairs--Additional Appropriations Act, 2017 Division M--Other Matters Division N--Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 (This is the original subject matter of H.R. 244.) Section 1 of the Act is the short title of the bill. Section 2 of the Act displays a table of contents. Section 3 of the Act states that, unless expressly provided otherwise, any reference to ``this Act'' contained in any division shall be treated as referring only to the provisions of that division. Section 4 of the Act states that this explanatory statement shall have the same effect with respect to the allocation of funds and implementation of this legislation as if it were a joint explanatory statement of a committee of conference. Section 5 of the Act provides a statement of appropriations. Section 6 of the Act states that each amount designated by Congress as an emergency requirement is contingent on the President so designating all such emergency amounts and transmitting such designations to Congress. The section further states that each amount designated by Congress as being for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) is contingent on the President so designating all such OCO/GWOT amounts and transmitting such designations to Congress. The provision is consistent with the requirements in the Budget Control Act of 2011. Section 7 of the Act addresses possible technical scorekeeping differences for fiscal year 2017 between the Office of Management and Budget and the Congressional Budget Office. Section 8 of the Act makes a technical correction to the long title of the Further Continuing and Security Assistance Appropriations Act, 2017. The Act does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined by clause 9 of rule XXI of the Rules of the House of Representatives. DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 CONGRESSIONAL DIRECTIVES The explanatory statement is silent on provisions that were in both the House Report (H. Rpt. 114-531) and Senate Report (S. Rpt. 114-259) that remain unchanged by this agreement, except as noted in this explanatory statement. The agreement restates that executive branch wishes cannot substitute for Congress's own statements as to the best evidence of congressional intentions, which are the official reports of the Congress. The agreement further points out that funds in this Act must be used for the purposes for which appropriated, as required by section 1301 of title 31 of the United States Code, which provides: ``Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.'' The House and Senate report language that is not changed by the explanatory statement is approved and indicates congressional intentions. The explanatory statement, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases in which the House or the Senate have directed the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations no later than 60 days after enactment of this Act, unless otherwise directed. Hereafter, in division A of this statement, the term `the Committees' refers to the Committees on Appropriations of the House of Representatives and the Senate. For the appropriations provided by this Act and previous Acts, the departments and agencies funded by this agreement are reminded that the Committees use the definitions for transfer, reprogramming, and program, project, and activity as defined by the Government Accountability Office (GAO) in GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP Budget Glossary. A transfer is the shifting of funds between appropriations. It applies to (1) transfers from one agency to another, (2) transfers from one account to another within the same agency, and (3) transfers to an interagency or intra-agency working fund. In each instance, statutory authority is required. Reprogramming is the utilization of funds in an appropriation account for purposes other than those contemplated at the time of appropriation. It is the shifting of funds from one object to another within an appropriation. A program, project, or activity (PPA) is an element within a budget account. PPAs are identified by reference to include the most specific level of budget items identified in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Act, 2017, accompanying Committee reports, explanatory statements, the Statement of Managers, and budget justifications. Program activity structures are intended to provide a meaningful representation of the operations financed by a specific budget account by project, activity, or organization. [[Page H3328]] For fiscal year 2017, the Committees continue to include bill language requiring advanced notification of certain agency actions. Notification will be required at least 15 days in advance of any action if (1) a major capital investment is modified; (2) an office is realigned or reorganized; and (3) activities are carried out that were not described in the budget request. The agreement directs the Office of Budget and Program Analysis (OBPA) of the U.S. Department of Agriculture (USDA) to provide an organizational chart for each agency funded by this Act to the division and subdivision level, as appropriate, by June 1, 2017. The agreement also directs the Food and Drug Administration (FDA) and the Farm Credit Administration (FCA) to provide an organizational chart of each agency respectively to the division and subdivision level, as appropriate, by June 1, 2017. Further, USDA and FDA should be mindful of Congressional authority to determine and set final funding levels for fiscal year 2018. Therefore, the agencies should not presuppose program funding outcomes and prematurely initiate action to redirect staffing prior to knowing final outcomes on fiscal year 2018 program funding. The agreement directs OBPA to provide the Committees with the number of staff years and employees on board for each agency funded by this Act on a quarterly basis. The agreement includes the authority to spend $8,608,000 to address expenses incurred at the National Finance Center resulting from the February 2017 tornado to ensure continuity of vital services at the existing location. The agreement directs NIFA to study the recent infestation of oak mites and focus on suppression and eradication possibilities. The U.S. cotton industry has experienced three years of market returns well below the cost of production without a viable safety net for producers under the current Farm Bill. Market projections for 2017 and subsequent years indicate an acute need for immediate relief and long-term program security. Within 60 days of the enactment of this Act, the Secretary is directed to issue a report detailing administrative options for financial relief and recommended legislative actions to provide the cotton industry with a viable safety net. The Margin Protection Program for Dairy Producers, which was included in the Agricultural Act of 2014, was intended to provide a safety net for dairy producers in times of low margins. However, that program has not worked as anticipated, and dairy farmers have been hit with milk prices that have plummeted since 2014, as well as new challenges with our export markets. This has resulted in sharply reduced incomes and a significant number of dairy operations going out of business, and many more dairy producers who are struggling to keep their operations financially sound. Prompt congressional action is needed to fix the program so that it provides the support that was intended. The Secretary is encouraged to use all available methods and authorities, including the use of the Commodity Credit Corporation Charter Act, to provide immediate assistance to these producers until such time as a revised safety net program can be provided. TITLE I--AGRICULTURAL PROGRAMS Production, Processing, and Marketing Office of the Secretary (including transfers of funds) The agreement provides $44,555,000 for the Office of the Secretary. The agreement recognizes the Department has statutory authorities and programs designed to help break the multi- generational trap of poverty in rural counties and supports USDA's utilization of existing programs and funding within RD and FNS in order to assist families, create jobs, and develop a path towards self-sufficiency. Other existing resources such as the extension service and public universities can be used for coordination and outreach activities. The Committees have not received the detailed plan required to be submitted by the Secretary detailing all funding resources and bundled services to combat rural poverty. The following table reflects the agreement: OFFICE OF THE SECRETARY (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Office of the Secretary.............................. $5,051 Office of Tribal Relations........................... 502 Office of Homeland Security and Emergency 1,496 Coordination........................................ Office of Advocacy and Outreach...................... 1,209 Office of Assistant Secretary for Administration..... 804 Departmental Administration.......................... 24,124 Office of Assistant Secretary for Congressional 3,869 Relations........................................... Office of Communications............................. 7,500 ------------------ Total, Office of the Secretary................... $44,555 ------------------------------------------------------------------------ Executive Operations OFFICE OF THE CHIEF ECONOMIST The agreement provides $18,917,000 for the Office of the Chief Economist. The agreement provides a one-time increase of $2,000,000, available until the end of fiscal year 2018, to assist the OCE in acquiring economic data, policy research support, analytics, and related activities for the upcoming Farm Bill. OFFICE OF HEARINGS AND APPEALS The agreement provides $13,399,000 for the Office of Hearings and Appeals. office of budget and program analysis The agreement provides $9,525,000 for the Office of Budget and Program Analysis. Office of the Chief Information Officer The agreement provides $49,538,000 for the Office of the Chief Information Officer. This amount includes $33,000,000 to support cybersecurity activities. Office of the Chief Financial Officer The agreement provides $8,028,000 for the Office of the Chief Financial Officer. The agreement supports the work of the CFO to bring the Department into compliance with the Digital Accountability and Transparency Act (DATA) and includes an increase of $2,000,000 for implementation of the DATA. Office of the Assistant Secretary for Civil Rights The agreement provides $901,000 for the Office of the Assistant Secretary for Civil Rights. Office of Civil Rights The agreement provides $24,206,000 for the Office of Civil Rights. Agriculture Buildings and Facilities (INCLUDING TRANSFERS OF FUNDS) The agreement provides $84,189,000 for Agriculture Buildings and Facilities. Hazardous Materials Management (INCLUDING TRANSFERS OF FUNDS) The agreement provides $3,633,000 for Hazardous Materials Management. Office of Inspector General The agreement provides $98,208,000 for the Office of Inspector General, an increase of $1,370,000 for GSA rent costs and space modification and $1,100,000 for oversight of the Department's IT investments. Office of the General Counsel The agreement provides $44,697,000 for the Office of the General Counsel. Office of Ethics The agreement provides $4,136,000 for the Office of Ethics. Office of the Under Secretary for Research, Education, and Economics The agreement provides $893,000 for the Office of the Under Secretary for Research, Education, and Economics. Economic Research Service The agreement provides $86,757,000 for the Economic Research Service, including increases for cooperative agreements on groundwater modeling, drought resilience and pay costs as requested in the budget. National Agricultural Statistics Service The agreement provides $171,239,000 for the National Agricultural Statistics Service (NASS), including up to $42,177,000 for the Census of Agriculture. The agreement includes an increase of $1,600,000 for NASS to expand its current feed cost component surveys nationally. The agreement recognizes the importance of the pecan survey and is pleased that NASS has conducted the survey as requested. Agricultural Research Service SALARIES AND EXPENSES The agreement provides $1,170,235,000 for the Agricultural Research Service (ARS), Salaries and Expenses. The agreement does not accept the President's budget request regarding the termination of research programs, redirections of research programs, or closure of research locations. The agreement expects extramural research to be funded at no less than the fiscal year 2016 levels. The agreement provides funding increases for cotton ginning, cover crops, small grains genomics, long-term agroecosystem research, the National Bio and Agro-Defense Facility, the Office of Pest Management Policy, germplasm enhancement of maize, sustainable water use, wheat and sorghum, poultry, the U.S. Wheat and Barley Scab Initiative, safe and abundant water supply, intelligent spray technologies, sage steppe restoration, and a sorghum genetic database. ARS is directed to provide a plan within 90 days of enactment of this Act for conducting a study on the levels of sodium consumption in school-aged children. The plan shall include the methodology and timeframes necessary to conduct such a study, focusing on whether the consumption levels are within or outside the usual range of consumption, both domestically and worldwide. BUILDINGS AND FACILITIES For ARS Buildings and Facilities, the agreement provides an appropriation of $99,600,000 for priorities identified in the USDA ARS Capital Investment Strategy, April 2012, including not less than $5,100,000 for planning and design purposes for the next highest priorities identified in the USDA Capital Investment Strategy. National Institute of Food and Agriculture RESEARCH AND EDUCATION ACTIVITIES The agreement provides $849,518,000 for the National Institute of Food and Agriculture's research and education activities. The agreement provides an increase of $25,000,000 for the Agriculture and Food Research Initiative and directs that funding should be available to all priority areas, including conventional plant and animal breeding. [[Page H3329]] The agreement continues to direct that not less than 15 percent of the competitive research grant funds be used for USDA's agricultural research enhancement awards program, including USDA-EPSCoR. The following table reflects the amounts provided by the agreement: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Hatch Act....................... 7 U.S.C. 361a-i.... $243,701 McIntire-Stennis Cooperative 16 U.S.C. 582a 33,961 Forestry Act. through a-7. Research at 1890 Institutions 7 U.S.C. 3222...... 54,185 (Evans-Allen Program). Payments to the 1994 7 U.S.C. 301 note.. 3,439 Institutions. Education Grants for 1890 7 U.S.C. 3152(b)... 19,336 Institutions. Education Grants for Hispanic- 7 U.S.C. 3241...... 9,219 Serving Institutions. Education Grants for Alaska 7 U.S.C. 3156...... 3,194 Native and Native Hawaiian- Serving Institutions. Research Grants for 1994 7 U.S.C. 301 note.. 1,801 Institutions. Capacity Building for Non Land- 7 U.S.C. 3319i..... 5,000 Grant Colleges of Agriculture. Grants for Insular Areas........ 7 U.S.C. 3222b-2, 2,000 3362 and 3363. Agriculture and Food Research 7 U.S.C. 450i(b)... 375,000 Initiative. Veterinary Medicine Loan 7 U.S.C. 3151a..... 6,500 Repayment. Veterinary Services Grant 7 U.S.C. 3151b..... 2,500 Program. Continuing Animal Health and 7 U.S.C. 3195...... 4,000 Disease Research Program. Supplemental and Alternative 7 U.S.C. 3319d..... 825 Crops. Multicultural Scholars, Graduate 7 U.S.C. 3152(b)... 9,000 Fellowship and Institution Challenge Grants. Secondary and 2 year Post- 7 U.S.C. 3152(j)... 900 Secondary Education. Aquaculture Centers............. 7 U.S.C. 3322...... 4,000 Sustainable Agriculture Research 7 U.S.C. 5811, 27,000 and Education. 5812, 5831, and 5832. Farm Business Management........ 7 U.S.C. 5925f..... 1,450 Sun Grant Program............... 7 U.S.C. 8114...... 3,000 Alfalfa and Forage Research 7 U.S.C. 5925...... 2,250 Program. Minor Crop Pest Management (IR- 7 U.S.C. 450i(c)... 11,913 4). Special Research Grants:........ 7 U.S.C. 450i(c)... Global Change/UV Monitoring. ................... 1,405 Potato Research............. ................... 2,250 Aquaculture Research........ ................... 1,350 --------------------------------------- Total, Special Research ................... 5,005 Grants. Necessary Expenses of Research and Education Activities: Grants Management System.... ................... 7,830 Federal Administration-- ................... 6,549 Other Necessary Expenses for Research and Education Activities. GSA Rent and DHS Security ................... 5,960 Expenses. --------------------------------------- Total, Necessary ................... 20,339 Expenses. --------------------------------------- Total, Research and ................... $849,518 Education Activities. ------------------------------------------------------------------------ NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND The agreement provides $11,880,000 for the Native American Institutions Endowment Fund. EXTENSION ACTIVITIES The agreement provides $477,391,000 for the National Institute of Food and Agriculture's extension activities. The agreement provides $3,000,000 for the Rural Health and Safety Education Program to address the opioid abuse epidemic and to combat opioid abuse in rural communities. The agreement directs the National Institute for Food and Agriculture to consult with the Farm Service Agency in developing the terms of the Notice of Funds Availability that will be used to implement the pilot program established by Section 760. The following table reflects the amounts provided by the agreement: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Smith-Lever, Section 3(b) and 7 U.S.C. 343(b) and $300,000 (c) programs and Cooperative (c) and 208(c) of Extension. P.L. 93-471. Extension Services at 1890 7 U.S.C. 3221...... 45,620 Institutions. Extension Services at 1994 7 U.S.C. 343(b)(3). 4,446 Institutions. Facility Improvements at 1890 7 U.S.C. 3222b..... 19,730 Institutions. Renewable Resources Extension 16 U.S.C. 1671 et 4,060 Act. seq.. Rural Health and Safety 7 U.S.C. 2662(i)... 3,000 Education Programs. Food Animal Residue Avoidance 7 U.S.C. 7642...... 1,250 Database Program. Women and Minorities in STEM 7 U.S.C. 5925...... 400 Fields. Food Safety Outreach Program.... 7 U.S.C. 7625...... 5,000 Smith-Lever, Section 3(d): 7 U.S.C. 343(d).... Food and Nutrition Education ................... 67,934 Farm Safety and Youth Farm ................... 4,610 Safety Education Programs. New Technologies for ................... 1,550 Agricultural Extension. Children, Youth, and ................... 8,395 Families at Risk. Federally Recognized Tribes ................... 3,039 Extension Program. --------------------------------------- Total, Section 3(d)..... ................... 85,528 Necessary Expenses of Extension Activities: Agriculture in the K-12 ................... 552 Classroom. Federal Administration-- ................... 7,805 Other Necessary Expenses for Extension Activities. --------------------------------------- Total, Necessary ................... 8,357 Expenses. --------------------------------------- Total, Extension ................... $477,391 Activities. ------------------------------------------------------------------------ [[Page H3330]] INTEGRATED ACTIVITIES The agreement provides $36,000,000 for the National Institute of Food and Agriculture's integrated activities. The agreement provides an increase of $1,300,000 for the Food and Agriculture Defense Initiative to expand the National Animal Health Laboratory Network (NAHLN), recognizing the critical contributions that NAHLN labs, including those located at colleges of veterinary medicine, make in responding to emerging threats to American agriculture. When expanding the network, the agreement encourages NIFA to take into consideration laboratories which would enhance the capacity for surveillance, monitoring, and response; the concentration of human and animal populations that are directly at risk; geography, ecology, and climate; evidence of active collaboration with, and support of, state animal health officials; and evidence of stakeholder support and engagement. The following table reflects the amounts provided by the agreement: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Methyl Bromide Transition 7 U.S.C. 7626...... $2,000 Program. Organic Transition Program...... 7 U.S.C. 7626...... 4,000 Regional Rural Development 7 U.S.C. 450i(c)... 2,000 Centers. Food and Agriculture Defense 7 U.S.C. 3351...... 8,000 Initiative. Crop Protection/Pest Management 7 U.S.C. 7626...... 20,000 Program. --------------------------------------- Total, Integrated Activities ................... $36,000 ------------------------------------------------------------------------ Office of the Under Secretary for Marketing and Regulatory Programs The agreement provides $901,000 for the Office of the Under Secretary for Marketing and Regulatory Programs. Animal and Plant Health Inspection Service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $946,212,000 for the Animal and Plant Health Inspection Service (APHIS), Salaries and Expenses. The agreement includes a net increase of $51,797,000 for high priority initiatives in order to protect the plant and animal resources of the Nation from pests and diseases. Nearly half of this increase is applied to the agency's request for $24,000,000 in new funding for Emergency Preparedness and Response. This increase stemmed from the agency's experience with the 2015 outbreak of Highly Pathogenic Avian Influenza that cost taxpayers nearly $1 billion. The agreement also provides increases within the total funding level of: $2,518,000 for Animal Health and Technical Services; $500,000 for the Equine, Cervid, and Small Ruminant Health Program; $1,175,000 for the National Veterinary Stockpile; $3,000,000 for the Veterinary Diagnostics program; $7,000,000 for the Zoonotic Disease Management program; $1,430,000 for the Agricultural Quarantine Inspection program; $8,500,000 for the Specialty Crop Pests program; $2,199,000 for the Wildlife Damage Management program; $500,000 for the Agriculture Import- Export program; and, $400,000 for Animal Welfare in order for APHIS to provide oversight of animal research at the Agricultural Research Service. The agreement provides a one-time increase of $1,000,000 for the Animal Health Technical Services program to conduct a pilot program for the study of the effectiveness in improving disease traceability, cost, and durability of Ultra High Frequency (UHF) Radio-frequency identification (RFID) back tags in comparison to the other types of animal identification methods currently used by the livestock industry within USDA's Animal Disease Traceability framework. The agreement provides $28,810,000 for the Animal Welfare program, an increase of $400,000, and directs APHIS to continue its inspections of ARS facilities, to post its inspection reports online, and to provide copies of the reports to the Committees. The agreement includes funding to collect additional data that will inform policy related to the appropriate antibiotic use in all settings across agriculture and clinical medicine. The agreement provides an increase of $7,000,000 within Zoonotic Disease Management for on-farm surveillance, data collection, sampling, surveillance, and testing to enhance the understanding of on-farm levels of antibiotic use and the impact on antimicrobial resistance levels. The information collected should clearly delineate between antibiotics used for food-producing and companion animals. Further, to avoid duplication with existing programs like the National Antimicrobial Resistance Monitoring System, the agreement expects surveys regarding on-farm usage to be limited to collecting information about the antibiotics used and should not be utilized for other regulatory purposes. The agreement includes no less than $3,500,000 for cervid health activities. Within the funds provided, APHIS should give consideration to indemnity payments if warranted. The agreement provides an increase of $24,000,000 for emergency preparedness and response to establish a more robust agency framework for addressing animal and plant disease outbreaks. The Highly Pathogenic Avian Influenza outbreak of 2015 exposed a number of challenges facing the agency. Additional funds will allow APHIS to increase veterinarians and animal health technicians; health, safety and biosecurity officers; and develop resources and technologies for the early detection of foreign animal diseases and improved response options. The agreement includes $28,000,000 under Wildlife Damage Management for national rabies management, surveillance, and eradication efforts and $2,000,000 for Wildlife Services education and training. The agreement also provides $1,600,000 for combatting wildlife depredation to production aquaculture and an additional $5,000,000 for increased feral swine surveillance. The agreement remains concerned about the devastating impact citrus greening disease has had on our nation's citrus production. The agreement maintains increased funding for Huanglongbing Emergency Response within the Specialty Crop Pests line item and provides an additional $5,500,000 to support the Huanglongbing Multi-Agency Coordination (HLB MAC) group. The agreement encourages APHIS to allocate sufficient resources to continue vital management, control, and associated activities to address citrus greening and to support priorities and strategies identified by the HLB MAC group. The agreement provides funding for NAHLN through both APHIS and NIFA at approximately $12,000,000 and $4,300,000, respectively, for a total investment of $16,300,000 for fiscal year 2017. The agreement expects that USDA will not fully implement the final rule allowing the importation of lemons from Argentina until the Operational Work Plan ensures that Argentina can meet the same phytosanitary risk standards required by the other current countries importing citrus into the United States. The following table reflects the agreement: ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Animal Health Technical Services..................... $37,857 Aquatic Animal Health................................ 2,253 Avian Health......................................... 55,340 Cattle Health........................................ 91,500 Equine, Cervid & Small Ruminant Health............... 20,000 National Veterinary Stockpile........................ 5,723 Swine Health......................................... 24,800 Veterinary Biologics................................. 16,417 Veterinary Diagnostics............................... 39,540 Zoonotic Disease Management.......................... 16,523 ------------------ Subtotal, Animal Health.......................... 309,953 Agricultural Quarantine Inspection (Appropriated).... 29,330 Cotton Pests......................................... 11,520 Field Crop & Rangeland Ecosystems Pests.............. 8,826 Pest Detection....................................... 27,446 Plant Protection Methods Development................. 20,686 Specialty Crop Pests................................. 166,500 Tree & Wood Pests.................................... 54,000 ------------------ Subtotal, Plant Health........................... 318,308 Wildlife Damage Management........................... 103,376 Wildlife Services Methods Development................ 18,856 ------------------ Subtotal, Wildlife Services...................... 122,232 Animal & Plant Health Regulatory Enforcement......... 16,224 Biotechnology Regulatory Services.................... 18,875 ------------------ Subtotal, Regulatory Services.................... 35,099 Contingency Fund..................................... 470 Emergency Preparedness & Response.................... 40,966 ------------------ Subtotal, Emergency Management................... 41,436 Agriculture Import/Export............................ 15,599 Overseas Technical & Trade Operations................ 22,114 ------------------ Subtotal, Safe Trade............................. 37,713 Animal Welfare....................................... 28,810 Horse Protection..................................... 697 ------------------ Subtotal, Animal Welfare......................... 29,507 APHIS Information Technology Infrastructure.......... 4,251 Physical/Operational Security........................ 5,146 Rent and DHS Security Payments....................... 42,567 ------------------ Subtotal, Agency Management...................... 51,964 ------------------ Total, Direct Appropriation.................. $946,212 ------------------------------------------------------------------------ BUILDINGS AND FACILITIES The agreement provides $3,175,000 for APHIS Buildings and Facilities. [[Page H3331]] Agricultural Marketing Service MARKETING SERVICES The agreement provides $84,933,000 for the Agricultural Marketing Service. The National Organic Standards Board (NOSB) has concluded its sunset review process for substances and ingredients on the National List. As USDA reviews the NOSB's recommendations, the agreement directs USDA to fully consider all currently available scientific information and stakeholder comments during the rulemaking process. Substances and ingredients should be evaluated pursuant to the criteria specified in the Organic Foods Production Act (7 U.S.C. 6517(c)(1)(A)) and the Agriculture Marketing Service implementing regulations 7 C.F.R. 205.600. The Department is reminded that the spirit of the organic program is to allow for the use of natural processes and materials to the greatest extent practicable. The agreement directs the Department to stay within the parameters of the required study mandated by Section 293(c) of the National Bioengineered Food Disclosure Standard (Pub. L. 114-216). LIMITATION ON ADMINISTRATIVE EXPENSES The agreement includes a limitation on administrative expenses of $61,227,000. FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32) (INCLUDING TRANSFERS OF FUNDS) The agreement provides $20,705,000 for Funds for Strengthening Markets, Income, and Supply. The following table reflects the status of this fund for fiscal year 2017: ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Appropriation (30% of Customs Receipts).............. $10,929,841 Less Transfers: Food and Nutrition Service....................... -9,503,998 Commerce Department.............................. -145,175 ------------------ Total, Transfers............................. -9,649,173 Prior Year Appropriation Available, Start of Year.... 166,333 Transfer of Prior Year Funds to FNS (F&V)............ -125,000 ------------------ Budget Authority, Farm Bill.................. 1,322,000 Rescission of Current Year Funds..................... -231,374 Appropriations Temporarily Reduced--Sequestration.... -79,626 Unavailable for Obligations (F&V Transfer to FNS).... -125,000 ------------------ Budget Authority, Appropriations Act......... 886,000 Less Obligations: Child Nutrition Programs (Entitlement 465,000 Commodities).................................... State Option Contract............................ 5,000 Removal of Defective Commodities................. 2,500 Emergency Surplus Removal........................ -- Disaster Relief.................................. 5,000 Additional Fruits, Vegetables, and Nuts Purchases 206,000 Fresh Fruit and Vegetable Program................ 43,000 Estimated Future Needs........................... 103,355 ------------------ Total, Commodity Procurement................. 829,855 Administrative Funds: Commodity Purchase Support....................... 35,440 Marketing Agreements and Orders.................. 20,705 ------------------ Total, Administrative Funds.................. 56,145 ------------------ Total Obligations........................ 886,000 Unavailable for Obligations (F&V Transfer to FNS).... 125,000 ------------------ Total, End of Year Balances.............. $125,000 ------------------------------------------------------------------------ PAYMENTS TO STATES AND POSSESSIONS The agreement provides $1,235,000 for Payments to States and Possessions. Grain Inspection, Packers and Stockyards Administration SALARIES AND EXPENSES The agreement provides $43,482,000 for the Grain Inspection, Packers and Stockyards Administration, Salaries and Expenses. LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES The agreement includes a limitation on inspection and weighing services expenses of $55,000,000. Office of the Under Secretary for Food Safety The agreement provides $819,000 for the Office of the Under Secretary for Food Safety. Food Safety and Inspection Service The agreement provides $1,032,062,000 for the Food Safety and Inspection Service (FSIS). In addition to requiring the Siluriformes inspection report requested in H. Rpt. 114-531, the agreement recognizes FSIS' diligent work in preventing from entering or removing 547,928 pounds (or more than 273 tons) of adulterated or ineligible imported Siluriformes product from U.S. commerce since April 15, 2016. In light of these alarming findings, the agreement directs FSIS to reinspect all imported Siluriformes fish and fish product shipments, just as all imported meat and poultry products from equivalent countries that export product to the United States are reinspected, upon the date of enactment of this Act. The agreement also directs FSIS to complete a determination of equivalence for the Siluriformes inspection program in a foreign country exporting Siluriformes fish and fish products to the United States not later than 180 days after the end of the 18 month transition period described in the preamble of the final rule entitled ``Mandatory Inspection of Fish of the Order Siluriformes and Products Derived From Such Fish'' issued on December 2, 2015 (80 Fed. Reg. 75590 et seq.). The following table reflects the agreement: FOOD SAFETY AND INSPECTION SERVICE (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Federal.............................................. $915,755 State................................................ 61,568 International........................................ 16,487 Codex Alimentarius................................... 3,672 Public Health Data Communications Infrastructure 34,580 System.............................................. ------------------ Total, Food Safety and Inspection Service........ $1,032,062 ------------------------------------------------------------------------ Office of the Under Secretary for Farm and Foreign Agricultural Services The agreement provides $901,000 for the Office of the Under Secretary for Farm and Foreign Agricultural Services. Farm Service Agency SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $1,206,110,000 for the Farm Service Agency (FSA), Salaries and Expenses. The agreement includes $5,000,000 for personnel and physical security programs across county offices; $250,000 to establish a pilot network of mentors for beginning farmers; $500,000 to support youth- serving organizations; and $90,000 to support a certified training program for veteran farmers to be prequalified for direct farm ownership loans, as proposed in the budget. The following table reflects the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Salaries and expenses................................ $1,206,110 Transfer from P.L. 480........................... 149 Transfer from export loans....................... 2,463 Transfer from ACIF............................... 306,998 ------------------ Total, FSA Salaries and expenses............. $1,515,720 ------------------------------------------------------------------------ STATE MEDIATION GRANTS The agreement provides $3,904,000 for State Mediation Grants. GRASSROOTS SOURCE WATER PROTECTION PROGRAM The agreement provides $6,500,000 for the Grassroots Source Water Protection Program. DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS) The agreement provides $500,000 for the Dairy Indemnity Program. AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement includes increased levels for Farm Operating and Ownership loans to meet demand for access to credit in the farm economy. The following table reflects the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan Authorizations: Farm Ownership Loans: Direct........................................... ($1,500,000) Guaranteed....................................... (2,750,000) ------------------ Subtotal, Farm Ownership Loans............... (4,250,000) Farm Operating Loans: Direct........................................... (1,530,000) Unsubsidized Guaranteed.......................... (1,960,000) ------------------ Subtotal, Farm Operating Loans............... (3,490,000) Emergency Loans...................................... (22,576) Indian Tribe Land Acquisition Loans.................. (20,000) Conservation Loans-Guaranteed........................ (150,000) Indian Highly Fractionated Land...................... (10,000) Boll Weevil Eradication.............................. (60,000) ------------------ Total, Loan Authorizations................... (8,002,576) Loan Subsidies: Farm Operating Loan Subsidies: Direct........................................... 65,178 Unsubsidized Guaranteed.......................... 20,972 ------------------ Subtotal, Farm Operating Subsidies........... 86,150 Emergency Loans...................................... 1,262 Indian Highly Fractionated Land...................... 2,550 ------------------ Total, Loan Subsidies................................ 89,962 ACIF Expenses:............................... Salaries and Expenses............................ 306,998 Administrative Expenses.......................... 10,070 ------------------ Total, ACIF Expenses......................... $317,068 ------------------------------------------------------------------------ Risk Management Agency SALARIES AND EXPENSES The agreement provides $74,829,000 for the Risk Management Agency (RMA), Salaries and Expenses. The agreement supports the development of insurance products that recognize and cover livestock products such as milk as `agricultural commodities' separately and distinctly from coverage developed for `livestock.' The statute only refers to livestock and lists types of livestock in the definition (7 U.S.C. 1523(b)), but lists no livestock products. There is no indication that Congress intended for livestock products to fall under the limitation of livestock insurance policies [[Page H3332]] and this restriction has unnecessarily hindered the availability of policies for livestock products like milk. The agreement encourages RMA to present this reinterpretation to the Federal Crop Insurance Corporation board at the next scheduled meeting and develop additional policies for milk to provide dairy farmers with more robust risk management options before the end of the year. CORPORATIONS Federal Crop Insurance Corporation Fund The agreement provides an appropriation of such sums as may be necessary for the Federal Crop Insurance Corporation Fund. Commodity Credit Corporation Fund REIMBURSEMENT FOR NET REALIZED LOSSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides an appropriation of such sums as may be necessary for Reimbursement for Net Realized Losses of the Commodity Credit Corporation. HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) The agreement provides a limitation of $5,000,000 for Hazardous Waste Management. TITLE II--CONSERVATION PROGRAMS Office of the Under Secretary for Natural Resources and Environment The agreement provides $901,000 for the Office of the Under Secretary for Natural Resources and Environment. Natural Resources Conservation Service CONSERVATION OPERATIONS The agreement provides $864,474,000 for Conservation Operations. The agreement provides $9,380,000 for the Snow Survey and Water Forecasting Program; $9,481,000 for the Plant Materials Centers; $80,802,000 for the Soil Surveys Program; and $759,211,000 for Conservation Technical Assistance, including an increase of $10,600,000 for written conservation plans and conservation program delivery. WATERSHED AND FLOOD PREVENTION OPERATIONS The agreement provides $150,000,000 for Watershed and Flood Prevention Operations. The agreement recognizes the critical challenges facing rural water resource management and protection and supports needed investments in watershed operations that have been absent since fiscal year 2010. These Federal--State--local partnerships are uniquely positioned to identify critical watershed protection and flood prevention needs in rural communities and implement projects that deliver multiple streams of benefits for homes, businesses, and transportation infrastructure and natural resources. In selecting projects for funding, the agency is expected to balance the needs of addressing the project backlog, remediation of existing structures, and new projects. WATERSHED REHABILITATION PROGRAM The agreement provides $12,000,000 for the Watershed Rehabilitation Program. TITLE III--RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development The agreement provides $896,000 for the Office of the Under Secretary for Rural Development. The agreement encourages the Department to work with community development financial institutions (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994) in operating the Rural Microenterprise Assistance Program. Rural Development SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $225,835,000 for Rural Development (RD), Salaries and Expenses. The agreement includes a general provision directing that $500,000 made available for `Rural Development, Salaries and Expenses' shall be used to develop an implementation plan for increasing access to education in the fields of science, technology, engineering, and mathematics (STEM) in rural communities through the Distance Learning and Telemedicine program. The agreement directs that the implementation plan also address the availability of, access to, and quality of access to STEM education in rural communities. The agreement further directs that it be developed not later than six months after the date of enactment of this Act and in close cooperation with land-grant colleges and universities. Rural Housing Service RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides a total subsidy of $509,892,000 for activities under the Rural Housing Insurance Fund Program Account. This includes a transfer of $412,254,000 to the Rural Development, Salaries and Expenses account. The following table indicates loan, subsidy, and grant levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: Single family housing (sec. 502) Direct........................................... ($1,000,000) Unsubsidized guaranteed.......................... (24,000,000) Housing repair (sec. 504)............................ (26,278) Rental housing (sec. 515)............................ (35,000) Multi-family guaranteed (sec. 538)................... (230,000) Site development loans (sec. 524).................... (5,000) Credit sales of acquired property.................... (10,000) Self-help housing land development (sec. 523)........ (5,000) Farm labor housing................................... (23,855) ------------------ Total, Loan authorizations................... ($25,335,133) Loan subsidies, grants & administrative expenses: Single family housing (sec. 502) Direct........................................... $67,700 Housing repair (sec. 504)............................ 3,663 Rental housing (sec. 515)............................ 10,360 Farm labor housing (sec. 514)........................ 7,051 Site development loans (sec. 524).................... 111 Self-help land development (sec. 523)................ 417 ------------------ Total, loan subsidies........................ 89,302 ------------------------------------------------------------------------ Farm labor housing grants............................ 8,336 ------------------ Total, loan subsidies and grants............. 97,638 ------------------ Administrative expenses (transfer to RD)............. 412,254 ------------------ Total, Loan subsidies, grants, and $509,892 administrative expenses..................... ------------------------------------------------------------------------ RENTAL ASSISTANCE PROGRAM The agreement provides $1,405,033,000 for the Rental Assistance Program. Within 120 days of enactment of this Act, the agency is directed to provide the Committees with a detailed analysis of the accuracy of the project-based forecasting tool used to estimate rental assistance needs. MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT The agreement provides $41,400,000 for the Multi-Family Housing Revitalization Program Account. MUTUAL AND SELF-HELP HOUSING GRANTS The agreement provides $30,000,000 for Mutual and Self-Help Housing Grants. RURAL HOUSING ASSISTANCE GRANTS The agreement provides $33,701,000 for Rural Housing Assistance Grants. The following table reflects the grant levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Very low income housing repair grants................ $28,701 Housing preservation grants.......................... 5,000 ------------------ Total, grant program............................. $33,701 ------------------------------------------------------------------------ RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $47,100,000 for the Rural Community Facilities Program Account. The agreement provides $2,600,000,000 for Community Facility direct loans to address increased demand. Given the increased demand, the agreement reiterates the program's primary objective is to assist rural municipalities, nonprofit organizations, and Federally recognized Indian tribes to finance critical and essential community facilities needed to improve the quality of life for residents. The Department is directed to keep the Committees informed of any plans to continue the Community Facilities relending program in fiscal year 2017. The following table reflects the loan, subsidy, and grant amounts provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: CF direct loans.................................. ($2,600,000) CF guaranteed loans.............................. (148,305) Loan subsidies and grants: CF guaranteed loans.............................. 3,322 CF grants........................................ 30,000 Rural Community Development Initiative........... 4,000 Economic Impact Initiative....................... 5,778 Tribal college grants............................ 4,000 ------------------ Total, subsidy and grants.................... $47,100 ------------------------------------------------------------------------ Rural Business-Cooperative Service RURAL BUSINESS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $65,319,000 for the Rural Business Program Account. The agreement provides $24,000,000 for Rural Business Development Grants. Rural business development grants have a pivotal role in supporting the development or expansion of business in rural areas and should be awarded to applicants with sound proposals offering significant commercial potential. The following table reflects the loan, subsidy, and grant levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan level: Business and industry guaranteed loans........... ($919,765) Loan subsidy and grants: Business and industry guaranteed loans........... 35,319 Rural business development grants................ 24,000 Delta Regional Authority and Appalachian Regional 6,000 Commission...................................... ------------------ Total, Rural Business Program subsidy and $65,319 grants...................................... ------------------------------------------------------------------------ [[Page H3333]] INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT (INCLUDING TRANSFER OF FUNDS) The agreement provides $9,944,000 for the Intermediary Relending Program Fund Account. The agreement provides for a transfer of $4,468,000 to the Rural Development, Salaries and Expenses account. The following table reflects the loan and subsidy levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan level: Estimated loan level............................. $18,889 Subsidies and administrative expenses: Direct loan subsidy level........................ 5,476 Administrative expenses.......................... 4,468 ------------------ Subtotal, subsidies and administrative $9,944 expenses.................................... ------------------------------------------------------------------------ RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT (INCLUDING RESCISSION OF FUNDS) The agreement provides $42,213,000 for the Rural Economic Development Loans Program Account. RURAL COOPERATIVE DEVELOPMENT GRANTS The agreement provides $26,550,000 for Rural Cooperative Development Grants. RURAL ENERGY FOR AMERICA PROGRAM The agreement provides $352,000 for the Rural Energy for America Program. Rural Utilities Service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $571,190,000 for the Rural Utilities Service (RUS) Rural Water and Waste Disposal Program Account. The following table reflects the loan, subsidy, and grant levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: Water and waste direct loans..................... ($1,200,000) Water and waste guaranteed loans................. (50,000) Subsidies and grants: Direct subsidy................................... 52,080 Guaranteed loan subsidy.......................... 240 Water and waste revolving fund................... 1,000 Water well system grants......................... 993 Grants for Colonias, Native Americans and Alaska. 64,000 Water and waste technical assistance grants...... 20,000 Circuit Rider program............................ 16,897 Solid waste management grants.................... 4,000 High energy cost grants.......................... 10,000 Water and waste disposal grants.................. 391,980 306A(i)(2) grants................................ 10,000 ------------------ Total, subsidies and grants.................. $571,190 ------------------------------------------------------------------------ RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The agreement provides $36,341,000 for activities under the Rural Electrification and Telecommunications Loans Program Account. The agreement provides for a transfer of $33,270,000 to the Rural Development, Salaries and Expenses account. The agreement strengthens the loan servicing tools within RUS by creating a pilot program to allow RUS to refinance existing electric loans. The following table indicates loan levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: Electric: Direct, FFB...................................... ($5,500,000) Guaranteed underwriting.......................... (750,000) ------------------------------------------------------------------------ Subtotal, electric........................... (6,250,000) Telecommunications: Direct, treasury rate............................ 345,000 Direct, FFB...................................... 345,000 Subtotal, telecommunications................. (690,000) Loan subsidy: Direct, treasury rate............................ 3,071 ------------------------------------------------------------------------ Total, loan authorizations................... (6,940,000) Administrative expenses.............................. 33,270 ------------------ Total, budget authority...................... $36,341 ------------------------------------------------------------------------ DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM The agreement provides $65,600,000 for the Distance Learning, Telemedicine, and Broadband Program. The agreement directs that $1,600,000 of the funds made available for distance learning and telemedicine grants by such appropriation be used to provide for upgrades to the equipment and facilities of ambulances (and other emergency transportation vehicles) and to medical facilities, such as hospital and community health centers, and such technical assistance as may be needed. The following table indicates loan levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorization: Broadband telecommunications..................... ($27,043) ------------------ Total, loan authorization.................... (27,043) Subsidy and grants: Distance learning and telemedicine grants........ 26,600 Broadband telecommunications program:............ Direct (treasury rate loans)..................... 4,500 Grants........................................... 34,500 ------------------ Total, subsidies and grants.................. 65,600 ------------------------------------------------------------------------ TITLE IV--DOMESTIC FOOD PROGRAMS Office of the Under Secretary for Food, Nutrition, and Consumer Services The agreement provides $814,000 for the Office of the Under Secretary for Food, Nutrition, and Consumer Services. Food and Nutrition Service CHILD NUTRITION PROGRAMS (INCLUDING TRANSFERS OF FUNDS) The agreement provides $22,793,982,000 for Child Nutrition Programs. Included in the total is an appropriated amount of $13,289,984,000 and a transfer from Section 32 of $9,503,998,000. The agreement provides the following for Child Nutrition Programs: TOTAL OBLIGATIONAL AUTHORITY (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ School lunch program................................. $12,339,758 School breakfast program............................. 4,470,247 Child and adult care food program.................... 3,490,937 Summer food service program.......................... 627,095 Special milk program................................. 9,176 State administrative expenses........................ 279,058 Commodity procurement................................ 1,428,089 Food safety education................................ 2,897 Coordinated review................................... 10,000 Computer support and processing...................... 11,941 CACFP training and technical assistance.............. 23,137 Child Nutrition Program studies and evaluations...... 21,328 Child Nutrition payment accuracy..................... 11,147 Farm to school tactical team......................... 4,168 Team Nutrition....................................... 15,504 Healthier US Schools Challenge....................... 1,500 School meals equipment grants........................ 25,000 Summer EBT demonstration............................. 23,000 ------------------------------------------------------------------------ Total............................................ $22,793,982 ------------------------------------------------------------------------ SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) The agreement provides $6,350,000,000 for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The agreement fully funds all eligible WIC participants in fiscal year 2017, and includes $60,000,000 for breastfeeding support initiatives and $13,600,000 for infrastructure. USDA data shows that WIC participation rates have decreased steadily since fiscal year 2010. The President's budget request included a projection of an average monthly participation rate of 8.1 million women, infants, and children for fiscal year 2017. However, the average monthly participation rate was 8.0 million for fiscal year 2015, and the average for fiscal year 2016 was 7.7 million. The agreement is supportive of ensuring pregnant women are educated on the various methods for preventing exposure to the Zika virus during pregnancy. The agreement directs the Department, in consultation with the Centers for Disease Control and Prevention, to either continue or expand its education and outreach efforts through the WIC program to provide pregnant women with the information they need to prevent Zika. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM The agreement provides $78,480,694,000 for the Supplemental Nutrition Assistance Program (SNAP). The agreement includes $3,000,000,000 to be made available for a contingency reserve. The agreement provides a funding level for SNAP benefits as reflected in OMB's mid-session review of the budget. The agreement provides an increase of $4,000,000 for Nutrition Education and Program Information. The agreement provides the following for SNAP: TOTAL OBLIGATIONAL AUTHORITY (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Benefits............................................. $67,754,435 Contingency reserve.................................. 3,000,000 Administrative costs: State administrative costs....................... 4,230,476 Nutrition Education and Obesity Prevention Grant 411,000 Program......................................... Employment and Training.......................... 456,018 Mandatory other program costs.................... 196,726 Discretionary other program costs................ 998 ------------------------------------------------------------------------ Administrative subtotal...................... 5,295,218 Nutrition Assistance for Puerto Rico (NAP)........... 1,949,000 American Samoa....................................... 7,893 Food Distribution Program on Indian Reservations..... 151,000 TEFAP commodities.................................... 297,000 Commonwealth of the Northern Mariana Islands......... 12,148 Community Food Projects.............................. 9,000 Program access....................................... 5,000 ------------------------------------------------------------------------ Subtotal............................................. 2,431,041 ------------------------------------------------------------------------ Total........................................ $78,480,694 ------------------------------------------------------------------------ COMMODITY ASSISTANCE PROGRAM The agreement provides $315,139,000 for the Commodity Assistance Program. The agreement includes $236,120,000 for the Commodity [[Page H3334]] Supplemental Food Program; $18,548,000 for the Farmers' Market Nutrition Program; and $59,401,000 for the Emergency Food Assistance Program. NUTRITION PROGRAMS ADMINISTRATION The agreement provides $170,716,000 for Nutrition Programs Administration. The agreement includes $17,700,000, to be available until expended, for office relocation expenses; $1,192,000 for DHS Security Payments; and $1,000,000 for an independent study to identify the best means of consolidating and coordinating reporting requirements under Child Nutrition Programs. TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS Foreign Agricultural Service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement includes $196,571,000 for the Foreign Agricultural Service, Salaries and Expenses and transfers of $6,074,000. The agreement provides $2,300,000 for International Cooperative Administrative Support Services; $3,545,000 for pay costs; and $840,000 above estimated amounts for the Country Strategy Support Fund. FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The agreement provides $149,000 for administrative expenses for the Food for Peace Title I Direct Credit and Food for Progress Program Account to be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. FOOD FOR PEACE TITLE II GRANTS The agreement provides $1,466,000,000 for Food for Peace Title II Grants. The agreement also includes an additional one-time increase of $134,000,000, for a total level of $1,600,000,000. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS The agreement provides $201,626,000 for the McGovern-Dole International Food for Education and Child Nutrition Program. COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $8,537,000 for the Commodity Credit Corporation Export Loans Credit Guarantee Program Account. TITLE VI--RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION Department of Health and Human Services FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES The agreement provides specific amounts by FDA activity as reflected in the following table: FOOD AND DRUG ADMINISTRATION--SALARIES & EXPENSES (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Budget Authority: Foods............................................ $1,025,503 Center for Food Safety and Applied Nutrition..... 310,994 Field Activities............................. 714,509 Human Drugs...................................... 492,203 Center for Drug Evaluation and Research.......... 355,996 Field Activities............................. 136,207 Biologics........................................ 215,443 Center for Biologics Evaluation and Research..... 174,052 Field Activities............................. 41,391 Animal Drugs and Feeds........................... 162,852 Center for Veterinary Medicine................... 98,205 Field Activities............................. 64,647 Devices and Radiological Products................ 329,764 Center for Devices and Radiological Health....... 246,319 Field Activities............................. 83,445 National Center for Toxicological Research........... 63,331 Other Activities/Office of the Commissioner.......... 185,087 Office of the Commissioner ...................... 56,178 Office of Foods and Veterinary Medicine ......... 23,843 Office of Medical and Tobacco Products .......... 11,259 Office of Global Regulatory Operations and Policy 23,564 ................................................ Office of Operations ............................ 38,015 Office of the Chief Scientist ................... 30,728 Transfer to the HHS Office of Inspector General . 1,500 White Oak Consolidation.............................. 43,044 Other Rent and Rent Related Activities............... 71,943 GSA Rent............................................. 170,208 ------------------ Subtotal, Budget Authority................... 2,759,378 User Fees: Prescription Drug User Fee Act................... 754,524 Medical Device User Fee and Modernization Act.... 126,083 Human Generic Drug User Fee Act.................. 323,011 Biosimilar User Fee Act.......................... 22,079 Animal Drug User Fee Act......................... 23,673 Animal Generic Drug User Fee Act................. 11,341 Tobacco Product User Fees........................ 635,000 ------------------ Subtotal, User Fees.......................... 1,895,711 ------------------ Total, FDA Program Level................. $4,655,089 ------------------------------------------------------------------------ The agreement provides $2,759,378,000 in new discretionary budget authority and $1,895,711,000 in definite user fees for a total of $4,655,089,000 for Food and Drug Administration (FDA), Salaries and Expenses. This total does not include permanent, indefinite user fees for the Mammography Quality Standards Act; Color Certification; Export Certification; Priority Review Vouchers Pediatric Disease; Food and Feed Recall; Food Reinspection; Voluntary Qualified Importer Program; the Third Party Auditor Program; Outsourcing Facility; and Medical Countermeasure Priority Review Vouchers. The agreement accepts $13,516,000 in proposed administrative savings and expects FDA to continue all projects, activities, laboratories, and programs as included in fiscal year 2016 unless otherwise specified. The agreement also includes a general provision providing $10,000,000 for FDA to prevent, prepare for, and respond to emerging health threats, including the Ebola and Zika viruses, domestically and internationally and to develop necessary medical countermeasures and vaccines. As part of the increases, the agreement provides an additional $35,675,000 to support the implementation of the Food Safety Modernization Act (FSMA). Of this amount, $18,672,000 is provided for the National Integrated Food Safety System and $16,913,000 is provided for Import Safety. Funds for import safety should help FDA ensure an even playing field in the application of FSMA regulations as it relates to both domestic and imported producers, processors, and manufacturers of food and animal feed. The agreement notes that FSMA implementation places additional requirements on state governments and private stakeholders, and therefore urges the FDA to provide sufficient resources to State education and inspection programs to address these needs. The agreement continues to require quarterly reports to the Committees with a breakdown on funding allocations, as well as projections for future needs. The agreement provides an increase of $10,911,000 for medical product safety initiatives including $2,500,000 for efforts to support the Precision Medicine initiative. This increase should supplement efforts authorized in the 21st Century Cures Act. In addition, an increase of $4,000,000 is provided for Pediatric Device Consortium Grants and postmarket activities within the Medical Device program. Lastly, the agreement provides an increase of $4,411,000 for animal drug and medical device review activities. The agreement continues to include the fiscal year 2016 funding to evaluate over-the-counter sunscreen products. The $2,500,000 increase above the amount provided in fiscal year 2016 for foreign high-risk inspections will allow FDA's Office of the Global Regulatory Operations Policy to continue efforts to develop and utilize a targeted, risk-based, and efficient inspection model that incorporates commercially available information on high-risk establishments for onsite verifications. FDA is directed to provide the Committees with an update on these efforts, including estimated efficiencies and concerns, and plans to continue or expand this effort in the future. Employees charged with implementing federal programs are expected to carry out their duties in a legal and ethical manner, free from conflicts of interest, without seeking private gain or advancing a private agenda, and without giving preferential treatment to any outside organization or individual. The agency is reminded of its responsibility to ensure that federal employees handle information, including information received from the employees, offices, or Committees of the Congress, in a professional and confidential manner according to the federal government's code of conduct, standards, regulations, and statutes. The agreement strongly urges the FDA to continue to work with Congress to address the issues and concerns regarding the regulation of Laboratory Developed Tests. The agreement provides $6,000,000 for Pediatric Device Consortia Grants. The agreement remains concerned with the draft MOU that the FDA proposed under Section 503A of the FDCA. Section 503A distinguishes between ``distribution'' and ``dispensing'' for the purposes of the MOU. In the DQSA, Congress only allowed the FDA to regulate ``distribution.'' The MOU appears to exceed the authority granted in the statute by redefining ``distribution'' in a manner that includes dispensing. Congress did not intend to include dispensing of compounded drugs over state lines within the scope of the MOU. The MOU should not address dispensing of compounded drugs to a patient over state lines if all other requirements of 503A are met. BUILDINGS AND FACILITIES The agreement provides $11,788,000 for the Food and Drug Administration Buildings and Facilities. INDEPENDENT AGENCY Farm Credit Administration LIMITATION ON ADMINISTRATIVE EXPENSES The agreement includes a limitation of $68,600,000 on administrative expenses of the Farm Credit Administration. TITLE VII--GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) Section 701.--The agreement includes language making funds available for the purchase, replacement, and hire of passenger motor vehicles. [[Page H3335]] Section 702.--The agreement includes language regarding transfers of funds to the Working Capital Fund of the Department of Agriculture. Section 703.--The agreement includes language limiting funding provided in the bill to one year unless otherwise specified. Section 704.--The agreement includes language regarding indirect cost rates on cooperative agreements between the Department of Agriculture and nonprofit institutions. Section 705.--The agreement includes language making appropriations to the Department of Agriculture for the cost of direct and guaranteed loans available until expended to disburse certain obligations for certain Rural Development programs. Section 706.--The agreement includes language regarding the transfer of funds to the Office of the Chief Information Officer and the acquisition of information technology systems. Section 707.--The agreement includes language making funds available until expended to the Department of Agriculture to disburse certain obligations for certain conservation programs. Section 708.--The agreement includes language regarding Rural Utilities Service program eligibility. Section 709.--The agreement includes language regarding funds for information technology expenses. Section 710.--The agreement includes language prohibiting first-class airline travel. Section 711.--The agreement includes language regarding the availability of certain funds of the Commodity Credit Corporation. Section 712.--The agreement includes language regarding funding for advisory committees. Section 713.--The agreement includes language regarding the limitation on indirect costs for grants awarded by the National Institute of Food and Agriculture. Section 714.--The agreement includes language regarding a limitation and rescission of funds. Section 715.--The agreement includes language regarding child nutrition programs. Section 716.--The agreement includes language regarding user fee proposals without offsets. Section 717.--The agreement includes language regarding the reprogramming of funds and notification requirements. Section 718.--The agreement includes language regarding fees for the guaranteed business and industry loan program. Section 719.--The agreement includes language regarding the appropriations hearing process. Section 720.--The agreement includes language regarding government-sponsored news stories. Section 721.--The agreement includes language regarding details and assignments of Department of Agriculture employees. Section 722.--The agreement includes language regarding the Water Bank Act. Section 723.--The agreement includes language requiring spend plans. Section 724.--The agreement includes language regarding the Food for Peace Act. Section 725.--The agreement includes language regarding Rural Development programs. Section 726.--The agreement includes language regarding USDA loan programs. Section 727.--The agreement includes language regarding the Working Capital Fund. Section 728.--The agreement includes language regarding purchases made through child nutrition programs. Section 729.--The agreement includes language regarding potable water supplies. Section 730.--The agreement includes language regarding the Agriculture and Food Research Initiative. Section 731.--The agreement includes language regarding Rural Development Programs. Section 732.--The agreement includes language regarding nutrition research. Section 733.--The agreement includes language regarding housing loan programs. Section 734.--The agreement includes language regarding consumer information. Section 735.--The agreement includes language regarding Rural Development loan programs. Section 736.--The agreement includes language regarding tissue regulation. Section 737.--The agreement includes language regarding animal feed. Section 738.--The agreement includes language regarding APHIS regulation. Section 739.--The agreement includes language regarding animal research. Section 740.--The agreement includes language regarding FDA regulation. Section 741.--The agreement includes language regarding the Rural Housing Service. Section 742.--The agreement includes language regarding IT systems. Section 743.--The agreement includes language regarding APHIS Buildings & Facilities. Section 744.--The agreement includes language regarding nutrition programs. Section 745.--The agreement includes language regarding certain unobligated balances. Section 746.--The agreement includes language regarding domestic preference. Section 747.--The agreement includes language regarding child nutrition programs. Section 748.--The agreement includes language regarding emergency food assistance. Section 749.--The agreement includes language regarding loan refinancing. Section 750.--The agreement includes language regarding persistent poverty. Section 751.--The agreement includes language regarding community eligibility. Section 752.--The agreement includes language regarding emerging disease funding. Section 753.--The agreement includes language regarding emergency programs. Section 754.--The agreement includes language regarding lobbying. Section 755.--The agreement includes language regarding the Food for Peace Act. Section 756.--The agreement includes language regarding FDA regulation. Section 757.--The agreement includes language regarding citrus greening. Section 758.--The agreement includes language regarding certain unobligated balances. Section 759.--The agreement includes language regarding certain unobligated balances. Section 760.--The agreement includes language regarding assistance for military veterans. Section 761.--The agreement includes language regarding genetically engineered salmon. Section 762.--The agreement includes language regarding certain horse inspection activities. Section 763.--The agreement includes language regarding Rural Economic Area Partnership Zones. Section 764.--The agreement includes language regarding hardwood trees. Section 765.--The agreement includes language regarding the SNAP program. Section 766.--The agreement includes language regarding FDA guidance. Section 767.--The agreement includes language regarding food retailer financing. Section 768.--The agreement includes language regarding STEM programs. Section 769.--The agreement includes language regarding Rural Development programs. Section 770.--The agreement includes language regarding certain unobligated balances. Section 771.--The agreement includes language regarding the Rural Housing Service. Section 772.--The agreement includes language regarding the Agriculture Risk Coverage program. Section 773.--The agreement includes language regarding industrial hemp. Section 774.--The agreement includes language regarding crab nomenclature. [[Page H3336]] [GRAPHIC] [TIFF OMITTED] TH01MY17.001 [[Page H3337]] [GRAPHIC] [TIFF OMITTED] TH01MY17.002 [[Page H3338]] [GRAPHIC] [TIFF OMITTED] TH01MY17.003 [[Page H3339]] [GRAPHIC] [TIFF OMITTED] TH01MY17.004 [[Page H3340]] [GRAPHIC] [TIFF OMITTED] TH01MY17.005 [[Page H3341]] [GRAPHIC] [TIFF OMITTED] TH01MY17.006 [[Page H3342]] [GRAPHIC] [TIFF OMITTED] TH01MY17.007 [[Page H3343]] [GRAPHIC] [TIFF OMITTED] TH01MY17.008 [[Page H3344]] [GRAPHIC] [TIFF OMITTED] TH01MY17.009 [[Page H3345]] [GRAPHIC] [TIFF OMITTED] TH01MY17.010 [[Page H3346]] [GRAPHIC] [TIFF OMITTED] TH01MY17.011 [[Page H3347]] [GRAPHIC] [TIFF OMITTED] TH01MY17.012 [[Page H3348]] [GRAPHIC] [TIFF OMITTED] TH01MY17.013 [[Page H3349]] [GRAPHIC] [TIFF OMITTED] TH01MY17.014 [[Page H3350]] [GRAPHIC] [TIFF OMITTED] TH01MY17.015 [[Page H3351]] [GRAPHIC] [TIFF OMITTED] TH01MY17.016 [[Page H3352]] [GRAPHIC] [TIFF OMITTED] TH01MY17.017 [[Page H3353]] [GRAPHIC] [TIFF OMITTED] TH01MY17.018 [[Page H3354]] [GRAPHIC] [TIFF OMITTED] TH01MY17.019 [[Page H3355]] [GRAPHIC] [TIFF OMITTED] TH01MY17.020 [[Page H3356]] [GRAPHIC] [TIFF OMITTED] TH01MY17.021 [[Page H3357]] [GRAPHIC] [TIFF OMITTED] TH01MY17.022 [[Page H3358]] [GRAPHIC] [TIFF OMITTED] TH01MY17.023 [[Page H3359]] [GRAPHIC] [TIFF OMITTED] TH01MY17.024 [[Page H3360]] [GRAPHIC] [TIFF OMITTED] TH01MY17.025 [[Page H3361]] [GRAPHIC] [TIFF OMITTED] TH01MY17.026 [[Page H3362]] [GRAPHIC] [TIFF OMITTED] TH01MY17.027 [[Page H3363]] [GRAPHIC] [TIFF OMITTED] TH01MY17.028 [[Page H3364]] [GRAPHIC] [TIFF OMITTED] TH01MY17.029 [[Page H3365]] DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 Report language included in House Report 114-605 (``the House report'') or Senate Report 114-239 (``the Senate report'') that is not changed by this explanatory statement or this Act is approved. The explanatory statement, while repeating some language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. In cases where both the House report and the Senate report address a particular issue not specifically addressed in the explanatory statement, the House report and the Senate report should be read as consistent and are to be interpreted accordingly. In cases where the House report or the Senate report directs the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations (``the Committees''). Each department and agency funded in this Act shall follow the directions set forth in this Act and the accompanying explanatory statement, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to: funds provided in this Act; unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal year 2017; and non-appropriated resources such as fee collections that are used to meet program requirements in fiscal year 2017. These procedures are specified in section 505 of this Act. Any reprogramming request shall include any out-year budgetary impacts and a separate accounting of program or mission impacts on estimated carryover funds. Any program, project or activity cited in this statement, or in the House report or the Senate report and not changed by this Act or statement, shall be construed as the position of the Congress and shall not be subject to reductions or reprogramming without prior approval of the Committees. Further, any department or agency funded in this Act that plans a reduction-in-force shall notify the Committees by letter no later than 30 days in advance of the date of any such planned personnel action. When a department or agency submits a reprogramming or transfer request to the Committees and does not receive identical responses, it shall be the responsibility of the department or agency seeking the reprogramming to reconcile the differences between the two bodies before proceeding. If reconciliation is not possible, the items in disagreement in the reprogramming or transfer request shall be considered unapproved. Departments and agencies shall not submit reprogramming notifications after July 1, 2017, except in extraordinary circumstances. Any such notification shall include a description of the extraordinary circumstances. In compliance with section 533 of this Act, each department and agency funded in this Act shall submit spending plans, signed by the respective department or agency head, for the Committees' review not later than 45 days after enactment of this Act. TITLE I--DEPARTMENT OF COMMERCE International Trade Administration OPERATIONS AND ADMINISTRATION This Act includes $495,000,000 in total resources for the programs of the International Trade Administration (ITA). This amount is offset by $12,000,000 in estimated fee collections, resulting in a direct appropriation of $483,000,000. In lieu of House and Senate report language regarding Enforcement and Compliance, the agreement includes $2,000,000 above the request for trade enforcement activities. Bureau of Industry and Security OPERATIONS AND ADMINISTRATION This Act includes $112,500,000 for the Bureau of Industry and Security (BIS). In lieu of House report language regarding Export Enforcement, the agreement encourages BIS to prioritize export enforcement activities. Economic Development Administration This Act includes $276,000,000 for the programs and administrative expenses of the Economic Development Administration (EDA). Section 524 of this Act includes a rescission of $10,000,000 in Economic Development Assistance Program balances. The funds shall be derived from recoveries and unobligated grant funds that were not appropriated with emergency or disaster relief designations. ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS This Act includes $237,000,000 for Economic Development Assistance Programs. Funds are to be distributed as follows; any deviation of funds shall be subject to the procedures set forth in section 505 of this Act: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Public Works......................................... $100,000,000 Partnership Planning................................. 31,500,000 Technical Assistance................................. 9,000,000 Research and Evaluation.............................. 1,500,000 Trade Adjustment Assistance.......................... 13,000,000 Economic Adjustment Assistance....................... $35,000,000 Assistance to Coal Communities....................... 30,000,000 Section 27 Regional Innovation Program Grants........ 17,000,000 ------------------ Total............................................ 237,000,00 ------------------------------------------------------------------------ Revolving Loan Fund.--The agreement adopts the Senate language regarding the Revolving Loan Fund, and expects EDA to address the recommendations of the Office of the Inspector General's Report entitled EDA Faces Challenges in Effectively Monitoring Revolving Loan Funds. Regional Innovation Program.--In lieu of Senate language regarding cluster grants, EDA shall spend no less than the fiscal year 2016 enacted amount on grants to support nonprofit, job-creating, revolving, equity-based seed capital funds. SALARIES AND EXPENSES This Act includes $39,000,000 for EDA salaries and expenses. Minority Business Development Agency MINORITY BUSINESS DEVELOPMENT This Act includes $34,000,000 for the Minority Business Development Agency. Economic and Statistical Analysis SALARIES AND EXPENSES This Act includes $107,300,000 for Economic and Statistical Analysis. Bureau of the Census This Act includes $1,470,000,000 for the Bureau of the Census. CURRENT SURVEYS AND PROGRAMS This Act includes $270,000,000 for the Current Surveys and Programs account of the Bureau of the Census. PERIODIC CENSUSES AND PROGRAMS (INCLUDING TRANSFER OF FUNDS) This Act includes $1,200,000,000 for the Periodic Censuses and Programs account of the Bureau of the Census. National Telecommunications and Information Administration SALARIES AND EXPENSES This Act includes $32,000,000 for the Salaries and Expenses of the National Telecommunications and Information Administration (NTIA). Low Power Television Translators.--The agreement directs NTIA to provide any requested technical assistance to the Federal Communications Commission in its efforts to address the needs of low power broadcasters. United States Patent and Trademark Office SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) This Act includes language making available to the United States Patent and Trademark Office (USPTO) $3,230,000,000, the full amount of offsetting fee collections estimated for fiscal year 2017 by the Congressional Budget Office. Quarterly reporting.--In addition to monthly reporting on actual and projected fee collections and performance, USPTO shall report to the Committees on a quarterly basis on operations, including data on application volumes and staffing status; on the status of the Patent End-to-End development, implementation, and performance; and on PTO's implementation of recommendations made by the Office of Inspector General, the Government Accountability Office (GAO), and the National Academy of Public Administration. National Institute of Standards and Technology This Act includes $954,000,000 for the National Institute of Standards and Technology (NIST). SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES (INCLUDING TRANSFER OF FUNDS) This Act provides $690,000,000 for NIST's Scientific and Technical Research and Services (STRS) account. The agreement provides up to the fiscal year 2016 enacted level for Lab to Market activities and for Standards Coordination and Special Programs. The agreement includes no less than the fiscal year 2016 level for biomanufacturing activities and for the Urban Dome program. Forensics.--The agreement does not adopt House report language regarding Forensic Science Advisory Committee activities. Instead, the agreement acknowledges a transfer of $3,000,000, the current funding level, from the Department of Justice to NIST to support ongoing interagency forensics programs. INDUSTRIAL TECHNOLOGY SERVICES This Act includes $155,000,000 in total for Industrial Technology Services, including $130,000,000 for the Hollings Manufacturing Extension Partnership and $25,000,000 for the National Network for Manufacturing Innovation, to include funding for center establishment and up to $5,000,000 for coordination activities. The overall amount is offset by $2,000,000 in recoveries of prior-year obligations, resulting in a direct appropriation of $153,000,000. CONSTRUCTION OF RESEARCH FACILITIES This Act includes $109,000,000 for Construction of Research Facilities, including no less than $60,000,000 for the design and renovation of the agency's outdated and unsafe radiation physics infrastructure. National Oceanic and Atmospheric Administration OPERATIONS, RESEARCH, AND FACILITIES (INCLUDING TRANSFER OF FUNDS) This Act includes a total program level of $3,515,539,000 under this account for the coastal, fisheries, marine, weather, satellite and other programs of the National Oceanic and Atmospheric Administration (NOAA). This total funding level includes $3,367,875,000 in direct appropriations; a [[Page H3366]] transfer of $130,164,000 from balances in the ``Promote and Develop Fishery Products and Research Pertaining to American Fisheries'' fund; and $17,500,000 derived from recoveries of prior year obligations. The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. National Ocean Service.--$517,400,000 is for the National Ocean Service. NATIONAL OCEAN SERVICE Operations, Research, and Facilities (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Navigation, Observations and Positioning Navigation, Observations and Positioning.............. $149,000 Integrated Ocean Observing System Regional 30,700 Observations......................................... Hydrographic Survey Priorities/Contracts.............. 27,000 --------------- Navigation, Observations and Positioning................ 206,700 =============== Coastal Science and Assessment Coastal Science, Assessment, Response and Restoration. 72,600 Competitive External Research......................... 10,000 --------------- Coastal Science and Assessment.......................... 82,600 =============== Ocean and Coastal Management and Services Coastal Zone Management and Services.................. 42,500 Coastal Zone Management Grants........................ 85,000 Coral Reef Program.................................... 26,100 Sanctuaries and Marine Protected Areas................ 51,000 National Estuarine Research Reserve System............ 23,500 --------------- Ocean and Coastal Management and Services............... 228,100 =============== Total, National Ocean Service, Operations, Research, and $517,400 Facilities............................................. ------------------------------------------------------------------------ Navigations, Observations and Positioning.--Senate language is modified to stipulate that not more than 5 percent of funds available for the Hydrographic Survey Priorities/ Contracts program may be used for internal Hydrographic Survey Priorities/Contracts program management costs. Coastal and Ocean Economy.--The agreement adopts House report language regarding the importance of coastal and ocean economies and provides up to $1,500,000 for NOAA to develop a Coastal and Ocean Economy Satellite account with the Bureau of Economic Analysis. Integrated Ocean Observing System (IOOS).--The agreement adopts House and Senate language regarding IOOS, including Senate language regarding the Alliance for Coastal Technologies, and encourages NOAA to utilize funding within IOOS to obtain high frequency radars to fill critical gaps in ocean observing. Marine Debris.--The agreement provides $500,000 above the request for NOAA's marine debris program. National Marine Sanctuary Research.--NOAA shall seek to fund research that uses tele-presence technology to explore and create maps of the deep-water regions of the National Marine Sanctuaries, including marine habitats, cultural sites and living and non-living marine resources. This research could emphasize locating and exploring undersea cave complexes within marine sanctuaries to better understand their unique biology, geology, and potential cultural resources. National Marine Fisheries Service (NMFS).--$851,543,000 is for NMFS Operations, Research, and Facilities. NATIONAL MARINE FISHERIES SERVICE Operations, Research, and Facilities (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Protected Resources Science and Management Marine Mammals, Sea Turtles and Other Species......... $111,342 Species Recovery Grants............................... 6,200 Atlantic Salmon....................................... 6,224 Pacific Salmon........................................ 62,000 --------------- Protected Resources Science and Management.............. 185,766 =============== Fisheries Science and Management Fisheries and Ecosystem Science Programs and Services. 139,489 Fisheries Data Collections, Surveys and Assessments... 164,000 Observers and Training................................ 43,655 Fisheries Management Programs and Services............ 117,051 Aquaculture........................................... 9,300 Salmon Management Activities.......................... 33,500 Regional Councils and Fisheries Commissions........... 34,254 Interjurisdictional Fisheries Grants.................. 3,004 --------------- Fisheries Science and Management........................ 544,253 =============== Enforcement............................................. 69,000 =============== Habitat Conservation and Restoration.................... 52,524 =============== Total, National Marine Fisheries Service, Operations, $851,543 Research, and Facilities............................... ------------------------------------------------------------------------ [[Page H3367]] Prescott Grants.--Within funding provided for Marine Mammals, Sea Turtles, and Other Species, the agreement provides no less than the fiscal year 2016 amount for the John H. Prescott Marine Mammal Rescue Assistance grant program. Hatchery Genetic Management Plans.--The agreement adopts House language regarding Hatchery Genetic Management Plans, and provides $4,000,000 for those purposes. Salmon Management.--The agreement adopts House and Senate language regarding genetic stock identification research, and provides $1,500,000 for these efforts. The agreement adopts House and Senate language regarding the Pacific Salmon Treaty, and provides not less than $12,000,000 to fulfill these obligations. The Committees encourage NOAA to use remaining funding provided above the request for the operations and maintenance of Mitchell Act hatcheries. Gulf of Mexico Red Snapper Stock Assessments.--House and Senate language regarding red snapper stock assessments in the Gulf of Mexico is adopted and up to $10,000,000 within Fisheries Data Collections, Surveys and Assessments shall be available for carrying out such purposes. Illegal, Unreported, and Unregulated (IUU) Fishing.--An increase of $1,000,000 is provided under Fisheries Management Programs and Services to combat IUU fishing. Office of Oceanic and Atmospheric Research (OAR).-- $477,725,000 is for OAR Operations, Research, and Facilities. OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH Operations, Research, and Facilities (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Climate Research Laboratories and Cooperative Institutes............... $60,000 Regional Climate Data and Information................. 38,000 Climate Competitive Research, Sustained Observations 60,000 and Regional Information............................. --------------- Climate Research........................................ 158,000 =============== Weather and Air Chemistry Research Laboratories and Cooperative Institutes............... 80,000 U.S. Weather Research Program......................... 10,600 Tornado Severe Storm Research/Phased Array Radar...... 13,158 Joint Technology Transfer Initiative.................. 10,000 --------------- Weather and Air Chemistry Research...................... 113,758 =============== Ocean, Coastal and Great Lakes Research Laboratories and Cooperative Institutes............... 32,000 National Sea Grant College Program.................... 63,000 Marine Aquaculture Program............................ 9,500 Ocean Exploration and Research........................ 36,000 Integrated Ocean Acidification........................ 10,500 Sustained Ocean Observations and Monitoring........... 41,823 --------------- Ocean, Coastal and Great Lakes Research................. 192,823 =============== High Performance Computing Initiatives.................. 12,144 Research Transition Acceleration Program................ 1,000 =============== Total, Office of Oceanic and Atmospheric Research, $477,725 Operations, Research, and Facilities................... ------------------------------------------------------------------------ Airborne Phased Array Radar (APAR).--The agreement provides an increase of $2,600,000 under NOAA's U.S. Weather Research Program to research and develop aircraft-based hazardous weather observing systems, such as APAR. National Sea Grant College Program.--The agreement provides $63,000,000 for the National Sea Grant College Program and consolidates funding for Red Snapper assessment work under the National Marine Fisheries Service. Therefore, funding provided to Sea Grant is effectively above the fiscal year 2016 level. Mariculture.--The agreement does not adopt House language regarding mariculture. National Weather Service (NWS).--$979,779,000 is for NWS Operations, Research, and Facilities. NATIONAL WEATHER SERVICE Operations, Research, and Facilities (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Observations............................................ $216,363 Central Processing...................................... 92,790 Analyze, Forecast and Support........................... 487,325 Dissemination........................................... 46,743 Science and Technology Integration...................... 136,558 =============== Total, National Weather Service, Operations, Research, $979,779 and Facilities......................................... ------------------------------------------------------------------------ National Environmental Satellite, Data and Information Service.--$222,590,000 is for National Environmental Satellite, Data and Information Service Operations, Research, and Facilities. [[Page H3368]] NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE Operations, Research, and Facilities (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Office of Satellite and Product Operations.............. $129,900 =============== Product Development, Readiness and Application.......... 31,000 =============== Commercial Remote Sensing Regulatory Affairs.......... 1,200 Office of Space Commercialization..................... 800 Group on Earth Observations........................... 500 --------------- Environmental Satellite Observing Systems............... 163,400 =============== National Centers for Environmental Information.......... 59,190 =============== Total, National Environmental Satellite, Data and $222,590 Information Service, Operations, Research, and Facilities............................................. ------------------------------------------------------------------------ Mission Support.--$255,371,000 is for Mission Support. MISSION SUPPORT Operations, Research, and Facilities (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Mission Support Executive Leadership.................................. $27,000 Mission Services and Management....................... 148,390 IT Security........................................... 10,050 Payment to DOC Working Capital Fund................... 43,000 --------------- Mission Support......................................... 228,440 =============== Office of Education BWET Regional Programs................................ 7,500 Education Partnership Program/Minority Serving 14,431 Institutions......................................... NOAA Education Program Base........................... 5,000 =============== Office of Education..................................... 26,931 =============== Total, Mission Support, Operations, Research and $255,371 Facilities............................................. ------------------------------------------------------------------------ Office of Marine and Aviation Operations (OMAO).-- $211,131,000 is for OMAO Operations, Research, and Facilities. OFFICE of MARINE AND AVIATION OPERATIONS Operations, Research, and Facilities (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Office of Marine and Aviation Operations Marine Operations and Maintenance..................... $178,838 Aviation Operations and Aircraft Services............. 32,293 =============== Office of Marine and Aviation Operations................ $211,131 ------------------------------------------------------------------------ PROCUREMENT, ACQUISITION AND CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) This Act includes a total program level of $2,255,610,000 in direct obligations for NOAA Procurement, Acquisition and Construction (PAC), of which $2,242,610,000 is appropriated from the general fund and $13,000,000 is derived from recoveries of prior year obligations. The following narrative and table identify the specific activities and funding levels included in this Act: PROCUREMENT, ACQUISITION and CONSTRUCTION (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ National Ocean Service National Estuarine Research Reserve Construction...... $1,700 Marine Sanctuaries Construction....................... 2,000 --------------- Total, National Ocean Service--PAC...................... 3,700 =============== [[Page H3369]] Office of Oceanic and Atmospheric Research Research Supercomputing/CCRI........................ 36,379 =============== National Weather Service Observations........................................ 32,755 Central Processing.................................. 66,761 Dissemination....................................... 34,619 --------------- Subtotal, National Weather Service, Systems 134,135 Acquisition.......................................... --------------- Weather Forecast Office Construction................ 7,650 --------------- Total, National Weather Service--PAC.................... 141,785 =============== National Environmental Satellite, Data and Information Service GOES-R.............................................. 752,784 Polar Follow-on..................................... 328,900 Space Weather Follow-on............................. 5,000 Jason-3............................................. 4,357 Joint Polar Satellite System (JPSS)................. 787,246 CDARS............................................... 500 DSCOVR.............................................. 3,745 COSMIC 2/GNSS RO.................................... 8,100 Satellite Ground Services........................... 54,000 System Architecture and Advanced Planning........... 3,929 Projects, Planning, and Analysis.................... 25,200 Commercial Weather Data Pilot....................... 5,000 --------------- Subtotal, NESDIS Systems Acquisition.................. 1,978,761 --------------- Satellite CDA Facility.............................. 2,228 --------------- Total, NESDIS--PAC...................................... 1,980,989 =============== Mission Support NOAA Construction..................................... 6,057 =============== Office of Marine and Aviation Operations Fleet Capital Improvements and Technology Infusion.... 11,700 New Vessel Construction............................... 75,000 --------------- Total, OMAO--PAC........................................ 86,700 =============== Total, Procurement, Acquisition, and Construction....... $2,255,610 ------------------------------------------------------------------------ Earth Observing Nanosatellite-Microwave (EON-MW).--Within funds provided, NOAA may advance the EON-MW mission, provided that doing so does not negatively impact Polar Follow-On. Constellation Observing System for Meteorology, Ionosphere and Climate-2 (COSMIC-2)/Global Navigation Satellite System-- Radio Occultation (GNSS-RO).--The Act does not include funding for the second set of COSMIC-2 sensors as NOAA has not confirmed launch services for this proposed polar constellation. The Committees expect NOAA to fully evaluate competitively purchased commercial weather data as a method to acquire new radio occultation (RO) data. Within 90 days of enactment of this Act, NOAA shall submit an analysis of options for acquiring polar RO data that includes a cost analysis of all alternatives and demonstrates that NOAA has thoroughly reviewed potential commercial RO sources. If the plan proposes moving forward with additional COSMIC-2 satellites, the plan shall include the total cost to the U.S. government of developing, procuring, launching, and operating COSMIC-2 polar orbiting satellites, including how they would be launched and what Federal agency would incur that cost. High Performance Computing.--Senate language regarding collaborative high performance computing is modified to provide that within funding for OAR Research Supercomputing, $14,000,000 shall be used for such purposes. PACIFIC COASTAL SALMON RECOVERY This Act includes $65,000,000 for Pacific Coastal Salmon Recovery. FISHERMEN'S CONTINGENCY FUND This Act includes $350,000 for the Fishermen's Contingency Fund. FISHERIES FINANCE PROGRAM ACCOUNT This Act includes language under this heading limiting obligations of direct loans to $24,000,000 for Individual Fishing Quota loans and $100,000,000 for traditional direct loans. Departmental Management SALARIES AND EXPENSES This Act includes $58,000,000 for Departmental Management salaries and expenses. RENOVATION AND MODERNIZATION (INCLUDING TRANSFER OF FUNDS) This Act includes $4,000,000 for continuing renovation activities only at the Herbert C. Hoover Building. OFFICE OF INSPECTOR GENERAL This Act includes a total of $38,626,000 for the Office of Inspector General (OIG). This amount includes $32,744,000 in direct appropriations, a $2,000,000 transfer from USPTO, a transfer of $2,580,000 from the Bureau of the Census, Periodic Censuses and Programs, and $1,302,000 from NOAA PAC for audits and reviews of those programs. Working Capital Fund Audits.--The agreement emphasizes Senate language directing the OIG to continually audit all working capital funds within the Department of Commerce and directs the OIG to provide the committees with quarterly updates on such audits. General Provisions--Department of Commerce (INCLUDING TRANSFER OF FUNDS) This Act includes the following general provisions for the Department of Commerce: Section 101 makes funds available for advanced payments only upon certification of officials, designated by the Secretary, that such payments are considered to be in the public interest. Section 102 makes appropriations for Department salaries and expenses available for hire of passenger motor vehicles, for services, and for uniforms and allowances as authorized by law. Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requires 15 days advance notification to the Committees on Appropriations for certain actions. Section 104 provides congressional notification requirements for NOAA satellite programs and includes life cycle cost estimates for certain weather satellite programs. Section 105 provides for reimbursement for services within Department of Commerce buildings. Section 106 clarifies that grant recipients under the Department of Commerce may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks. [[Page H3370]] Section 107 provides the NOAA Administrator with the authority to avail NOAA of resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. Section 108 prohibits the National Technical Information Service from charging for certain services. Section 109 provides NOAA with authority to waive certain bond requirements. Section 110 prohibits funds for certain fishery management policies in the Gulf of Mexico. Section 111 authorizes NOAA to receive payments from other entities to defray some costs of permitting and regulatory activities. Section 112 provides the Economics and Statistics Administration certain authority to enter into cooperative agreements. Section 113 directs NOAA to take appropriate actions regarding certain research, exploration, and salvage activities. TITLE II--DEPARTMENT OF JUSTICE GENERAL ADMINISTRATION SALARIES AND EXPENSES This Act includes $114,124,000 for General Administration, Salaries and Expenses. Within the funding provided, the Department of Justice (DOJ) is directed to give priority to sustaining work of the Justice Management Division in managing and supporting DOJ missions. Countering the Heroin and Opioid Epidemic.--DOJ shall take steps to build on its programs to contain and reduce heroin trafficking and abuse of opioids. This scourge continues to threaten public health and safety, and addressing it must be a top Departmental priority. This Act includes substantial funding for both DOJ enforcement and grant assistance programs, including significant increases such as $103,000,000 to implement the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), and DOJ shall report on its progress in these efforts as specified in House and Senate reports. Expenditure Plans and Non-Appropriated Funds Reporting.-- Section 533 of this Act requires the Department to submit an annual spending plan for DOJ and its components. DOJ shall provide within this submission programmatic and agency spending and performance details specified in House and Senate reports regarding collections, balances, and obligations of non-appropriated funds, to include the Working Capital Fund (WCF) and associated information about collections from appropriated funds; retained earnings and unobligated transfers; and civil debt collection proceeds (``Three Percent Fund''). The plan shall include reporting on Assets Forfeiture Fund collections, balances, and obligations, and on Criminal Justice Information Services fingerprint checks fees. DOJ shall provide quarterly reports to the Committees on Appropriations with updated information on the collections, balances, and obligations of these funds, and continue to improve methodologies for projecting anticipated future year collections. Guidance to Communities.--DOJ shall report to the Committees on Appropriations not later than 180 days after enactment of this Act on how it can assist States and local communities that seek Federal aid in recovering from significant or large scale incidents, such as terrorist attacks. The plan, to be developed in consultation with the Department of Homeland Security, shall describe how communities can be supported with resources or technical assistance for immediate recovery efforts as well as for longer-term needs. The plan should identify key points of contact and how DOJ will ensure information on relevant grant and other assistance programs is easily available to the public. Gunshot Detection Technology.--The Committees are aware of developments in gunshot detection technology and surveillance, and encourage Federal law enforcement agencies and the Office of Justice Programs to work with State and local agencies on collecting and analyzing data from such systems to address gun crimes. Native Children's Commission.--Within the funds provided, DOJ is directed to support a Native Children's Commission as specified in the Alyce Spotted Bear and Walter Soboleff Commission on Native Children's Act (Public Law 114-244). Federal Water Usage Violations. --The agreement does not adopt language in either the House or the Senate report regarding Federal water usage violations. Internet Gambling.--The agreement does not adopt any changes to the implementation of the Wire Act. JUSTICE INFORMATION SHARING TECHNOLOGY (INCLUDING TRANSFER OF FUNDS) This Act includes $31,000,000 for Justice Information Sharing Technology. Within the funding authority provided in the Act, the Department is expected to pursue initiatives for continuous monitoring for information security and insider threat prevention and detection. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (INCLUDING TRANSFER OF FUNDS) This Act includes $440,000,000 for the Executive Office for Immigration Review (EOIR), of which $4,000,000 is derived by transfer from fee collections. This reflects funding for EOIR in a separate appropriation account, in lieu of being funded under the former Administrative Review and Appeals appropriation. Within the funding provided, EOIR is directed to continue ongoing programs, continue the hiring process of new judges funded in fiscal year 2016, recruit and hire no fewer than 10 new Immigration Judge (IJ) Teams, and complete modernization of mission critical systems and improvements in infrastructure as described in the budget request. Immigration Judge Hiring and Adjudication Backlog.--The Department shall accelerate its recruitment, background investigation, and placement of IJ teams and establish median days pending targets for cases (detained and non-detained) as specified in the House Report. For fiscal year 2017, EOIR shall continue to submit monthly performance and operating reports to the Committees on Appropriations, to include the status of its hiring and deployment of new IJ teams, in the format and level of detail provided in fiscal year 2016. In addition, not later than 60 days after the date of enactment of this Act, EOIR shall report to the Committees on Appropriations on visa overstay cases as directed in the House report. OFFICE OF INSPECTOR GENERAL This Act includes $95,583,000 for the Office of Inspector General. UNITED STATES PAROLE COMMISSION SALARIES AND EXPENSES This Act includes $13,308,000 for the salaries and expenses of the United States Parole Commission. LEGAL ACTIVITIES SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES This Act includes $897,500,000 for General Legal Activities. Funding is included to maintain the operations of the Office of the Pardon Attorney within this level, which was previously funded under the former Administrative Review and Appeals appropriation, and to sustain funding for the Civil Rights Division at no less than the fiscal year 2016 level. As the Committees strongly support the efforts of INTERPOL, DOJ is directed to further enhance the INTERPOL mission. VACCINE INJURY COMPENSATION TRUST FUND This Act includes a reimbursement of $10,000,000 for DOJ expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660). SALARIES AND EXPENSES, ANTITRUST DIVISION This Act includes $164,977,000 for the Antitrust Division. This appropriation is offset by an estimated $125,000,000 in pre-merger filing fee collections, resulting in a direct appropriation of $39,977,000. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS This Act includes $2,035,000,000 for the Executive Office for United States Attorneys and the 94 United States Attorneys' offices, of which $25,000,000 shall remain available until expended. Within funding provided, DOJ shall enhance efforts to combat cybercrime (including intellectual property rights violations and child pornography); drug trafficking (including opioids and prescription drugs); civil rights violations (including sex and labor trafficking); and child sexual exploitation. UNITED STATES TRUSTEE SYSTEM FUND This Act includes $225,908,000 for the United States Trustee Program. The recommended funding is offset by $163,000,000 in estimated fee collections for a net direct appropriation of $62,908,000. SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION This Act includes $2,374,000 for the Foreign Claims Settlement Commission. FEES AND EXPENSES OF WITNESSES This Act includes $270,000,000 for Fees and Expenses of Witnesses. SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE (INCLUDING TRANSFER OF FUNDS) This Act includes $15,500,000 for the Community Relations Service. assets forfeiture fund This Act includes $20,514,000 for the Assets Forfeiture Fund (AFF). As the Committees were alarmed by the Department's unexpected suspension of reimbursements to States and localities in fiscal year 2016, the Department shall make all approved equitable sharing distribution payments in a timely fashion and not suspend the program. The Department shall notify the Committees on Appropriations through the quarterly reporting process described under General Administration of any change to its proposed distributions of funds within the AFF. United States Marshals Service salaries and expenses This Act includes $1,249,040,000 for the salaries and expenses of the United States Marshals Service (USMS). Within funding provided, USMS shall enhance its implementation of enforcement of laws relating to international travel of sex offenders, as described in House and Senate reports, and employ USMS and DOJ resources to expand the regional fugitive task force program. construction This Act includes $10,000,000 for construction and related expenses in space controlled, occupied or utilized by the USMS for prisoner holding and related support. federal prisoner detention (including transfer of funds) This Act includes $1,454,414,000 for Federal Prisoner Detention. [[Page H3371]] National Security Division salaries and expenses (including transfer of funds) This Act includes $96,000,000 for the salaries and expenses of the National Security Division. Interagency Law Enforcement interagency crime and drug enforcement This Act includes $517,000,000 for the Organized Crime and Drug Enforcement Task Forces, of which $357,200,000 is for investigations and $159,800,000 is for prosecutions. Within funding provided, the Department is expected to pursue establishment of a co-located southwest border strike force. Federal Bureau of Investigation salaries and expenses This Act includes $8,767,201,000 for the salaries and expenses of the Federal Bureau of Investigation (FBI), including $1,748,000,000 for Intelligence, $3,588,000,000 for Counterterrorism and Counterintelligence, $2,919,901,000 for Criminal Enterprises and Federal Crimes, and $511,300,000 for Criminal Justice Services. Within counterterrorism and counterintelligence funding, the FBI shall continue to support full operations of the Terrorist Explosive Device Analytical Center, Hazardous Devices School, Weapons of Mass Destruction Directorate, Ballistic Research Facility, and related co-located operations as proposed by the Senate. The Act provides that of the $285,882,000 in funding available until expended, up to $68,982,000 may be used for the Secure Work Environment program. In addition, within funding provided, the FBI is expected to enhance its investigative and intelligence efforts related to terrorism, national security, and cyber threats, to include strengthening the Cyber Division, and support fully the programs of the Criminal Justice Information Services Division, including the National Instant Criminal Background Check System, as described in House and Senate reports. construction (including transfer of funds) This Act includes $420,178,000 for FBI construction, of which $181,000,000 shall be derived by transfer from the Department of Justice's Working Capital Fund. The Act includes $75,500,000 for the FBI's 21st Century Facilities program, $323,000,000 for the new FBI headquarters program, and funding for base construction requirements. Drug Enforcement Administration salaries and expenses This Act includes a direct appropriation of $2,102,976,000 for the salaries and expenses of the Drug Enforcement Administration (DEA), including funding to establish four new heroin enforcement teams. In addition, DEA expects to derive $382,662,000 from fees deposited in the Diversion Control Fund to carry out the Diversion Control Program, resulting in $2,485,638,000 in total spending authority for DEA. The agreement also includes language under the Community Oriented Policing Services Programs account transferring $10,000,000 to DEA for methamphetamine lab cleanup. Bureau of Alcohol, Tobacco, Firearms and Explosives salaries and expenses This Act includes $1,258,600,000 for the salaries and expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Funding provided shall be used for inflationary cost adjustments, to maintain current staffing levels, and to improve services. ATF shall brief the Committees on Appropriations on its plans to address the National Firearms Act application backlog as specified in the House report. Within funding provided, ATF is expected to pursue advanced counter explosive research as described in the Senate report. As a modification to Senate report language, ATF is directed to expeditiously conduct the environmental contaminants and noise studies outlined in the fiscal year 2016 ATF National Center for Explosives Training and Research Report, and provide a timeline for completing these studies and reporting the findings to the Committees on Appropriations as part of the Department's spending plan. Federal Prison System salaries and expenses (including transfer of funds) This Act includes $7,008,800,000 for the salaries and expenses of the Federal Prison System. Within the funding provided, Bureau of Prisons (BOP) shall develop and submit a capacity realignment plan as specified in the House report, not later than 90 days after enactment of this Act. buildings and facilities This Act includes $130,000,000 for the construction, acquisition, modernization, maintenance, and repair of prison and detention facilities housing Federal inmates. Within this amount $50,000,000 is for costs related to construction of new facilities. Also within this amount, not less than $80,000,000 is for maintenance and repairs of existing facilities, to include inmate work areas, of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs, and of which up to $13,000,000 can be used for the cost of base construction staff and operations. limitation on administrative expenses, federal prison industries, incorporated This Act includes a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated. State and Local Law Enforcement Activities In total, this Act includes $2,393,800,000 for State and local law enforcement and crime prevention programs. This amount includes $2,313,800,000 in discretionary budget authority, of which $326,000,000 is derived by transfer from the Crime Victims Fund and $7,000,000 is contained in Public Law 114-254. This amount also includes $73,000,000 scored as mandatory for Public Safety Officer Benefits. House and Senate report language regarding management and administration expenses is adopted by reference, and it is clarified that the Department's methodology for assessing these costs should be both fair and equitable across all grant programs. The agreement includes a limitation on obligations from the Crime Victims Fund of $2,573,000,000 as stipulated in section 510 of this Act, which is the three-year average of collections into the fund. As the limitation has been significantly increased from $745,000,000 in fiscal year 2014, collections have slowed based on the most recent estimate by the Congressional Budget Office, resulting in balances in the fund declining. The agreement to base the limitation on average collections will help ensure solvency of the fund. In lieu of providing base funding for Tribal Assistance, Tribal Youth, and Tribal Resources Grant Program, section 213 of the agreement includes a 7 percent set-aside, which will provide funding for these programs. The Department is directed to submit a report, not later than 90 days after enactment of this Act, detailing the amount of DOJ grant funding for the past three fiscal years allocated for assistance in persistent poverty counties, as defined in section 539 of this Act. Office on Violence Against Women violence against women prevention and prosecution programs This Act includes $481,500,000 for the Office on Violence Against Women. These funds are distributed as follows: VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ STOP Grants........................................... $215,000 Transitional Housing Assistance....................... 30,000 Research and Evaluation on Violence Against Women..... 3,000 Consolidated Youth-Oriented Program................... 11,000 Grants to Encourage Arrest Policies................... 53,000 Homicide Reduction Initiative....................... (4,000) Sexual Assault Victims Services....................... 35,000 Rural Domestic Violence and Child Abuse Enforcement... 35,000 Violence on College Campuses.......................... 20,000 Civil Legal Assistance................................ 45,000 Elder Abuse Grant Program............................. 5,000 Family Civil Justice.................................. 16,000 Education and Training for Disabled Female Victims.... 6,000 National Resource Center on Workplace Responses....... 500 Research on Violence Against Indian Women............. 1,000 Indian Country-Sexual Assault Clearinghouse........... 500 Tribal Special Domestic Violence Criminal Jurisdiction 4,000 Rape Survivor Child Custody Act....................... 1,500 ================= [[Page H3372]] TOTAL, Violence Against Women Prevention and $481,500 Prosecution Programs............................... ------------------------------------------------------------------------ Office of Justice Programs research, evaluation and statistics (including transfer of funds) This Act provides $89,000,000 for the Research, Evaluation and Statistics account. These funds are distributed as follows: RESEARCH, EVALUATION AND STATISTICS (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Bureau of Justice Statistics.......................... $45,500 NCS-X Implementation Program........................ (5,000) National Institute of Justice......................... 39,500 Domestic Radicalization Research.................... (4,000) Forensics Initiative.................................. 4,000 Transfer to NIST.................................... (3,000) ================= TOTAL, Research, Evaluation and Statistics.......... $89,000 ------------------------------------------------------------------------ state and local law enforcement assistance (including transfer of funds) This Act includes $1,265,500,000 for State and Local Law Enforcement Assistance programs. These funds are distributed as follows: STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Byrne Memorial Justice Assistance Grants.............. $403,000 Officer Robert Wilson III VALOR Initiative.......... (7,500) Smart Policing...................................... (5,000) Smart Prosecution................................... (2,500) NamUS............................................... (2,400) National Training Center to improve Police-Based (2,500) Responses to People with Mental Illness............ Violent Gang and Gun Crime Reduction................ (6,500) John R. Justice Grant Program....................... (2,000) Capital Litigation and Wrongful Conviction Review... (2,500) Prison Rape Prevention and Prosecution.............. (10,500) Pre-inauguration presidential security.............. (27,000) State Criminal Alien Assistance Program............... 210,000 Victims of Trafficking Grants......................... 45,000 Economic, High-tech, White Collar and Cybercrime 13,000 Prevention........................................... Intellectual Property Enforcement Program........... (2,500) Cybercrime Prosecutor Pilot Program................. (1,000) Adam Walsh Act Implementation......................... 20,000 Bulletproof Vests Partnerships........................ 22,500 Transfer to NIST/OLES............................... (1,500) National Sex Offender Public Website.................. 1,000 National Instant Criminal Background Check System 73,000 (NICS) Initiative.................................... NICS Act Record Improvement Program................. (25,000) Paul Coverdell Forensic Science....................... 13,000 DNA Initiative........................................ 125,000 Debbie Smith DNA Backlog Grants..................... (117,000) Kirk Bloodsworth Post-Conviction DNA Testing Grants. (4,000) Sexual Assault Forensic Exam Program Grants......... (4,000) Community Teams to Reduce the Sexual Assault Kit (SAK) 45,000 Backlog.............................................. CASA-Special Advocates................................ 9,000 Second Chance Act/Offender Reentry.................... 68,000 Smart Probation..................................... (6,000) Children of Incarcerated Parents Demo Grants........ (5,000) Pay for Success..................................... (7,500) Project HOPE Opportunity Probation with Enforcement. (4,000) Comprehensive School Safety Initiative................ 50,000 Community trust initiative:........................... 65,000 Body Worn Camera Partnership Program................ (22,500) Justice Reinvestment Initiative..................... (25,000) Byrne Criminal Justice Innovation Program........... (17,500) Opioid initiative..................................... 103,000 Drug Courts......................................... (43,000) Veterans Treatment Courts........................... (7,000) Residential Substance Abuse Treatment............... (14,000) Prescription Drug Monitoring........................ (14,000) [[Page H3373]] Mentally Ill Offender Act........................... (12,000) Other Comprehensive Addiction and Recovery Act (13,000) activities......................................... ================= TOTAL, State and Local Law Enforcement Assistance... $1,265,500 ------------------------------------------------------------------------ Edward Byrne Memorial Justice Assistance Grant (Byrne-JAG) program.--A total of $403,000,000 is provided in fiscal year 2017 for the Edward Byrne Memorial Justice Assistance Grant program, of which $27,000,000 is for pre-Inauguration presidential security. Building Community Trust.--This Act provides a total of $109,808,370 to strengthen the relationship between the police and communities they serve. A total of $65,000,000 has been provided for the Community Trust Initiative within State and Local Law Enforcement Assistance for the purchase of body cameras, the Justice Reinvestment Initiative, and the Byrne Criminal Justice Innovation program for both planning and, of particular importance currently, implementation grants. Funding is also provided for the National Crime Statistics Exchange (NCS-X) to improve the collection and reporting into the National Incident-Based Reporting System (NIBRS) and two programs within the Byrne-JAG program, Smart Policing and improved training for police responses to people with mental illness. Within the Community Oriented Policing Services (COPS) Office, a total of $15,000,000 is provided for the Collaborative Reform Model and Community Policing Development. Officer safety.--The agreement provides $15,000,000 for police officer safety and active shooter training programs, including $7,500,000 for the Officer Robert Wilson III Preventing Violence Against Law Enforcement Officer Resilience and Survivability (VALOR) Initiative and $7,500,000 under the Community Oriented Policing Services (COPS) header for the Protecting Our Lives by Initiating COPS Expansion (POLICE) Act. juvenile justice programs This Act includes $247,000,000 for Juvenile Justice programs. These funds are distributed as follows: JUVENILE JUSTICE PROGRAMS (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Part B-State Formula Grants........................... $55,000 Emergency Planning-Juvenile Detention Facilities.... (500) Youth Mentoring Grants................................ 80,000 Title V-Delinquency Prevention Incentive Grants....... 14,500 Gang and Youth Violence Education and Prevention.... (4,000) Children of Incarcerated Parents Web Portal......... (500) Girls in the Justice System......................... (2,000) Community-Based Violence Prevention Initiatives..... (8,000) Victims of Child Abuse Programs....................... 21,000 Missing and Exploited Children Programs............... 72,500 Training for Judicial Personnel....................... 2,000 Improving Juvenile Indigent Defense................... 2,000 ================= TOTAL, Juvenile Justice............................. $247,000 ------------------------------------------------------------------------ public safety officer benefits (including transfer of funds) This Act includes $89,300,000 for the Public Safety Officer Benefits program for fiscal year 2017. Within the funds provided, $73,000,000 is for death benefits for survivors, an amount estimated by the Congressional Budget Office that is considered mandatory for scorekeeping purposes. In addition, $16,300,000 is provided for disability benefits for public safety officers permanently and totally disabled as a result of a catastrophic injury and for education benefits for the spouses and children of officers killed in the line of duty or permanently and totally disabled as a result of a catastrophic injury sustained in the line of duty. Community Oriented Policing Services community oriented policing services programs (including transfer of funds) This Act includes $221,500,000 for COPS programs, as follows: COMMUNITY ORIENTED POLICING SERVICES PROGRAMS (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Transfer to DEA for Methamphetamine Lab Cleanups...... $10,000 COPS Hiring Grants.................................... 194,500 Community Policing Development/Training and (5,000) Technical Assistance............................... Collaborative Reform Model.......................... (10,000) Regional Information Sharing Activities............. (35,000) Police Act.......................................... (7,500) Anti-Methamphetamine Task Forces...................... 7,000 Anti-Heroin Task Forces............................... 10,000 ================= TOTAL, Community Oriented Policing Services......... $221,500 ------------------------------------------------------------------------ General Provisions--Department of Justice (including transfer of funds) This Act includes the following general provisions for the Department of Justice: Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided in this title. Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or incest, or to preserve the life of the mother. Section 203 prohibits the use of funds to require any person to perform or facilitate the performance of an abortion. Section 204 establishes that the Director of the Bureau of Prisons (BOP) is obliged to provide escort services to an inmate receiving an abortion outside of a Federal facility, except where this obligation conflicts with the preceding section. Section 205 establishes requirements and procedures for transfer proposals. Section 206 prohibits the use of funds for transporting prisoners classified as maximum or high security, other than to a facility certified by the BOP as appropriately secure. Section 207 prohibits the use of funds for the purchase or rental by Federal prisons of audiovisual or electronic media or equipment, services and materials used primarily [[Page H3374]] for recreational purposes, except for those items and services needed for inmate training, religious, or educational purposes. Section 208 requires review by the Deputy Attorney General and the Department Investment Review Board prior to the obligation or expenditure of funds for major information technology projects. Section 209 requires the Department to follow reprogramming procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided in previous years. Section 210 prohibits the use of funds for A-76 competitions for work performed by employees of BOP or Federal Prison Industries, Inc. Section 211 prohibits U.S. Attorneys from holding additional responsibilities that exempt U.S. Attorneys from statutory residency requirements. Section 212 permits up to 3 percent of grant and reimbursement program funds made available to the Office of Justice Programs to be used for training and technical assistance, and permits up to 2 percent of grant funds made available to that office to be used for criminal justice research, evaluation and statistics by the National Institute of Justice and the Bureau of Justice Statistics. Section 213 permits up to 7 percent of certain grant and reimbursement program funds made available to the Office of Justice Programs and Community Oriented Policing Services programs to be used for tribal criminal justice assistance. Section 214 gives the Attorney General the authority to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; State, tribal, and local reentry courts; drug treatment programs; and prison rape elimination programs. Section 215 waives the requirement that the Attorney General reserve certain funds from amounts provided for offender incarceration. Section 216 prohibits funds, other than funds for the national instant criminal background check system established under the Brady Handgun Violence Prevention Act, from being used to facilitate the transfer of an operable firearm to a known or suspected agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm. Section 217 places limitations on the obligation of funds from certain Department of Justice accounts and funding sources. Section 218 allows certain funding to be made available for use in Performance Partnership Pilots. Section 219 allows the transfer of unobligated balances from the Department of Justice Working Capital Fund to the FBI Construction account for a new headquarters building. TITLE III--SCIENCE Office of Science and Technology Policy This Act includes $5,555,000 for the Office of Science and Technology Policy. National Aeronautics and Space Administration This Act includes $19,653,300,000 for the National Aeronautics and Space Administration (NASA). The agreement clarifies that NASA shall continue to provide information to the GAO for its assessment of selected large-scale projects, to include any technology demonstration activities or communications and tracking services and related infrastructure refreshment activities, which have life cycle costs that exceed $250,000,000. The agreement does not include House direction regarding Federally Funded Research and Development Centers. Instead, NASA is encouraged to increase and strengthen partnerships between the NASA Centers and academia. Continuity.--Over the past decade, Congress has consistently reaffirmed through both funding and policy its commitment to a balanced NASA portfolio that enhances aeronautics and aerospace, enables breakthrough scientific discoveries, promotes the development of commercial spaceflight, and expands human and robotic exploration through missions only NASA can undertake. NASA's diverse portfolio cannot be undertaken efficiently, effectively, and safely during times of budgetary and policy uncertainty. Maintaining an appropriate funding plan to achieve mission goals is crucial to avoid needless delays and unnecessary additional costs. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (in thousands of dollars) ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Science: Earth Science....................................... $1,921,000 Planetary Science................................... 1,846,000 Astrophysics........................................ 750,000 James Webb Space Telescope.......................... 569,400 Heliophysics........................................ 678,500 ----------------- Total, Science........................................ 5,764,900 ================= Aeronautics:.......................................... 660,000 ================= Space Technology:..................................... 686,500 ================= Human Exploration and Operations: Orion Multi-purpose Crew Vehicle.................... 1,350,000 Space Launch System (SLS) Vehicle Development....... 2,150,000 Exploration Ground System........................... 429,000 Exploration R&D..................................... 395,000 ----------------- Total, Human Exploration and Operations............... 4,324,000 ================= Space Operations:..................................... 4,950,700 ================= Education: NASA Space Grant.................................... 40,000 Experimental Program to Stimulate Competitive 18,000 Research........................................... Minority University Research and Education Project.. 32,000 STEM Education and Accountability Projects.......... 10,000 ----------------- Total, Education...................................... 100,000 ================= Safety, Security and Mission Services:................ 2,768,600 ================= Construction and Environmental Compliance and 360,700 Restoration:......................................... ================= Office of Inspector General:.......................... 37,900 ================= Total, NASA........................................... $19,653,300 ------------------------------------------------------------------------ SCIENCE This Act includes $5,764,900,000 for Science. Earth Science.--This Act includes $1,921,000,000 for Earth Science. In lieu of House language regarding prioritization, the agreement includes $90,000,000 for the Pre-Aerosol, Clouds, and Ocean Ecosystem mission and $130,900,000 for LandSat-9. Planetary Science.--This Act includes $1,846,000,000 for Planetary Science. Of this amount, $363,000,000 is for Outer Planets, of which $275,000,000 is for the Europa mission [[Page H3375]] as outlined by the House. Senate language regarding an analysis of options regarding Europa is not included. The agreement also provides $284,700,000 for Planetary Research, including $60,000,000 for Near Earth Object Observations as directed by the Senate; $224,800,000 is for Discovery; $136,500,000 is for New Frontiers; and $190,000,000 is for Technology. Also included is $647,000,000 for Mars, including $408,000,000 for the Mars 2020 mission as directed by the House. The agreement adopts House language regarding a Mars helicopter technology demonstration but directs that if this activity will delay the overall Mars 2020 mission, that it not be included as part of Mars 2020. Astrophysics.--This Act includes $750,000,000 for Astrophysics. Given the restrained funding in this agreement for Astrophysics, the agreement supports continued appropriate low level exoplanet technology development for a starshade. The recommendation also includes $105,000,000 for the Wide-Field Infrared Survey Telescope (WFIRST) and retains Senate language regarding a cost cap for this mission and includes up to $5,000,000 as directed by the Senate for segmented aperture telescope activities. The agreement also provides $85,200,000 for the Stratospheric Observatory for Infrared Astronomy and $98,300,000 for the Hubble Space Telescope. James Webb Space Telescope (JWST).--This Act includes $569,400,000 for JWST. Heliophysics.--This Act includes $678,500,000 for Heliophysics. In lieu of Senate language on the Diversify, Realize, Integrate, Venture, Educate initiative, the agreement supports continued implementation of this program. Education and Public Outreach (EPO).--The recommendation includes $37,000,000 for STEM education programs, to be derived equally from Planetary Science and Astrophysics. This activity shall continue to be administered by the Astrophysics Division. AERONAUTICS This Act includes $660,000,000 for Aeronautics. Within these amounts, up to $169,400,000 is provided for the Airspace Operations and Safety Program as described by the House. SPACE TECHNOLOGY This Act includes $686,500,000 for Space Technology. Within this amount, $35,000,000 is for nuclear propulsion; $30,000,000 is for small launch capabilities; $25,000,000 is for additive manufacturing; $25,718,000 is for optical communications; and $66,600,000 is for solar electric propulsion activities. EXPLORATION Exploration.--This Act includes $4,324,000,000 for Exploration. The agreement directs NASA to continue advanced propulsion; asteroid deflection; and grappling technologies associated with the asteroid redirect mission but that these activities should not distract from the overarching goal of sending humans to Mars. The agreement provides up to $75,000,000 for habitation augmentation activities to support human exploration beyond low Earth orbit. SPACE OPERATIONS Space Operations.--This Act provides $4,950,700,000 for Space Operations. The agreement clarifies House language regarding the International Space Station and that efforts should focus on maintaining a U.S. presence in low Earth orbit in order to continue research in a microgravity environment. The recommendation includes up to $20,000,000 for 21st Century Space Launch Complex program activities and provides that no less than half of 21st Century Space Launch Complex funding shall be for the Wallops Flight Facility as described in the Senate report. Commercial Crew.--This Act provides up to $1,184,800,000 for NASA's Commercial Crew program. The Committees are aware that Commercial Crew milestones have slipped and that concerns have been raised with respect to safety and appropriate NASA oversight. The Committees emphasize and underscore House and Senate language regarding human spaceflight safety and direct NASA to notify the Committees if safety concerns are not addressed as directed by NASA. Commercial Cargo.--The agreement provides up to the requested amount of $1,028,000,000 to fund domestic cargo resupply flights. Over the past year, both providers under their CRS-1 contracts have returned to flight after experiencing the loss of vehicles and NASA payloads. Despite the successful resumption of cargo flights, NASA has chosen to rely on proven vehicles for delivery of valuable or unique cargo. As regular cargo flights are resumed, NASA is encouraged to continue flights from facilities where NASA has invested significant resources to enable commercial cargo flights. Space shuttle closeout costs.--This Act does not include funds for space shuttle closeout costs. The Committees understand that NASA has reached an agreement on amounts necessary for closure of contracts related to the former space shuttle program and has determined that no additional costs will be charged to the government after September 30, 2016, and that no additional funds will be required in fiscal year 2017 and beyond. EDUCATION This Act includes $100,000,000 for Education, including $18,000,000 for the Experimental Program to Stimulate Competitive Research; $40,000,000 for Space Grant; $32,000,000 for the Minority University Research and Education Project; and $10,000,000 for STEM Education and Accountability Projects. SAFETY, SECURITY AND MISSION SERVICES This Act includes $2,768,600,000 for Safety, Security and Mission Services, including $39,100,000 for Independent Verification and Validation services as directed by the Senate. Given infrastructure revitalization language included in Public Law 115-10, the National Aeronautics and Space Administration Transition Authorization Act of 2017, the agreement does not include House language regarding a facilities revitalization plan. The agreement adopts Senate language regarding cybersecurity, strong governance, and information security and provides no less than the fiscal year 2016 level for these activities. The agreement acknowledges that recoveries of prior year obligations are available in this account. CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION This Act includes $360,700,000 for Construction and Environmental Compliance and Restoration. OFFICE OF INSPECTOR GENERAL This Act includes $37,900,000 for the Office of Inspector General. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) This Act includes the following administrative provisions for NASA: a provision that makes funds for announced prizes available without fiscal year limitation until the prize is claimed or the offer is withdrawn; a provision that establishes terms and conditions for the transfer of funds, including a separate exception for transfers to the Construction and Environmental Compliance and Restoration account; and a provision that subjects the NASA spending plan and specified changes to that spending plan to reprogramming procedures under section 505 of this Act. National Science Foundation This Act includes $7,472,215,000 for the National Science Foundation (NSF). RESEARCH AND RELATED ACTIVITIES This Act includes $6,033,645,000 for Research and Related Activities. Within this amount, no less than $160,000,000 is for the Experimental Program to Stimulate Competitive Research. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION This Act includes $209,000,000 for Major Research Equipment and Facilities Construction. Within this amount, $121,880,000 is provided to facilitate planning and construction of three Regional Class Research Vessels. EDUCATION AND HUMAN RESOURCES This Act includes $880,000,000 for Education and Human Resources, including $35,000,000 for the Historically Black Colleges and Universities Program; $51,880,000 for STEM+C; $46,000,000 for the Louis Stokes Alliance for Minority Participation; $14,000,000 for the Tribal Colleges and Universities Program; $62,500,000 for the Advanced Informal STEM Learning program; and $55,000,000 for CyberCorps: Scholarships for Service, including no less than $7,500,000 for qualified community colleges as directed by the Senate. The agreement also directs NSF to establish an Hispanic Serving Institution (HSI) program at no less than $15,000,000 as authorized in 42 U.S.C. 1862o-12. The agreement encourages NSF to use this program to build capacity at institutions of higher education that typically do not receive high levels of NSF grant funding. The agreement also provides $30,000,000 as requested for the I-Corps program. AGENCY OPERATIONS AND AWARD MANAGEMENT This Act includes $330,000,000 for Agency Operations and Award Management. OFFICE OF THE NATIONAL SCIENCE BOARD This Act includes $4,370,000 for the National Science Board. OFFICE OF INSPECTOR GENERAL This Act includes $15,200,000 for the Office of Inspector General. ADMINISTRATIVE PROVISION (INCLUDING TRANSFER OF FUNDS) This Act includes a provision that establishes terms and conditions for the transfer of funds. TITLE IV--RELATED AGENCIES Commission on Civil Rights SALARIES AND EXPENSES This Act includes $9,200,000 for the Commission on Civil Rights. The Committees clarify direction on the use of letterhead noting that individual commissioners are not precluded from expressing their own opinions such as dissenting views, but shall do so on individually personalized letterhead, not the letterhead used by the full Commission. Official Commission letterhead is reserved for correspondence that reflects the views of the body as a whole. Equal Employment Opportunity Commission SALARIES AND EXPENSES This Act includes $364,500,000 for the Equal Employment Opportunity Commission (EEOC). Up to $29,500,000 shall be for payments to State and local enforcement agencies to ensure that the EEOC provides adequate resources to its State and local partners. International Trade Commission SALARIES AND EXPENSES This Act includes $91,500,000 for the International Trade Commission. Legal Services Corporation PAYMENT TO THE LEGAL SERVICES CORPORATION This Act includes $385,000,000 for the Legal Services Corporation. [[Page H3376]] Marine Mammal Commission SALARIES AND EXPENSES This Act includes $3,431,000 for the Marine Mammal Commission. Office of the United States Trade Representative SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) This Act includes $62,000,000 for the Office of the U.S. Trade Representative (USTR). The agreement provides up to $15,000,000 in funding for enforcement of trade agreements and other activities outlined in the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405), subject to reprogramming requirements. Such funds may be used for coordination with other Federal agencies and their trade enforcement activities, but may not be transferred outside of USTR. State Justice Institute SALARIES AND EXPENSES This Act includes $5,121,000 for the State Justice Institute. TITLE V--GENERAL PROVISIONS (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) This Act includes the following general provisions: Section 501 prohibits the use of funds for publicity or propaganda purposes unless expressly authorized by law. Section 502 prohibits any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly provided. Section 503 provides that the expenditure of any appropriation contained in this Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or existing Executive order issued pursuant to existing law. Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act and the application of other provisions shall not be affected. Section 505 prohibits a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employee; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any function or activity presently performed by Federal employees; (7) augments funds for existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. Section 506 provides that if it is determined that any person intentionally affixes a ``Made in America'' label to any product that was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this Act. The section further provides that to the extent practicable, with respect to purchases of promotional items, funds made available under this Act shall be used to purchase items manufactured, produced, or assembled in the United States or its territories or possessions. Section 507 requires quarterly reporting to Congress on the status of balances of appropriations. Section 508 provides that any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in this Act, or, for the Department of Commerce, from actions taken for the care and protection of loan collateral or grant property, shall be absorbed within the budgetary resources available to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. Section 509 prohibits funds made available in this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. This provision is not intended to impact routine international trade services to all U.S. citizens, including the processing of applications to establish foreign trade zones. Section 510 stipulates the obligations of certain receipts deposited into the Crime Victims Fund. Section 511 prohibits the use of Department of Justice funds for programs that discriminate against or denigrate the religious or moral beliefs of students participating in such programs. Section 512 prohibits the transfer of funds in this Act to any department, agency, or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities provided in, this Act or any other appropriations Act. Section 513 provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act. Section 514 requires certain timetables of audits performed by Inspectors General of the Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation and the Legal Services Corporation and sets limits and restrictions on the awarding and use of grants or contracts funded by amounts appropriated by this Act. Section 515 prohibits funds for acquisition of certain information systems unless the acquiring department or agency has reviewed and assessed certain risks. Any acquisition of such an information system is contingent upon the development of a risk mitigation strategy and a determination that the acquisition is in the national interest. Each department or agency covered under section 515 shall submit a quarterly report to the Committees on Appropriations describing reviews and assessments of risk made pursuant to this section and any associated findings or determinations. Section 516 prohibits the use of funds in this Act to support or justify the use of torture by any official or contract employee of the United States Government. Section 517 prohibits the use of funds in this Act to require certain export licenses. Section 518 prohibits the use of funds in this Act to deny certain import applications regarding ``curios or relics'' firearms, parts, or ammunition. Section 519 prohibits the use of funds to include certain language in trade agreements. Section 520 prohibits the use of funds in this Act to authorize or issue a National Security Letter (NSL) in contravention of certain laws authorizing the Federal Bureau of Investigation to issue NSLs. Section 521 requires congressional notification for any project within the Departments of Commerce or Justice, the National Science Foundation, or the National Aeronautics and Space Administration totaling more than $75,000,000 that has cost increases of 10 percent or more. Section 522 deems funds for intelligence or intelligence- related activities as authorized by the Congress until the enactment of the Intelligence Authorization Act for fiscal year 2017. Section 523 prohibits contracts or grant awards in excess of $5,000,000 unless the prospective contractor or grantee certifies that the organization has filed all Federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has no unpaid Federal tax assessment. (RESCISSIONS) Section 524 provides for rescissions of unobligated balances. Subsection (c) requires the Departments of Commerce and Justice to submit a report on the amount of each rescission. These reports shall include the distribution of such rescissions among decision units, or, in the case of rescissions from grant accounts, the distribution of such rescissions among specific grant programs, and whether such rescissions were taken from recoveries and deobligations, or from funds that were never obligated. Rescissions shall be applied to discretionary budget authority balances that were not appropriated with emergency or disaster relief designations. Section 525 prohibits the use of funds in this Act for the purchase of first class or premium air travel in contravention of the Code of Federal Regulations. Section 526 prohibits the use of funds to pay for the attendance of more than 50 department or agency employees, who are stationed in the United States, at any single conference outside the United States, unless the conference is a law enforcement training or operational event where the majority of Federal attendees are law enforcement personnel stationed outside the United States. Section 527 includes language regarding detainees held at Guantanamo Bay. Section 528 includes language regarding facilities for housing detainees held at Guantanamo Bay. Section 529 requires any department, agency, or instrumentality of the United States Government receiving funds appropriated under this Act to track and report on undisbursed balances in expired grant accounts. Section 530 prohibits the use of funds by the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to engage in bilateral activities with China or a Chinese-owned company or effectuate the hosting of official Chinese visitors at certain facilities unless the activities are authorized by subsequent legislation or NASA or OSTP have made a certification pursuant to subsections (c) and (d) of this section. Section 531 prohibits funds from being used to deny the importation of shotgun models if no application for the importation of such models, in the same configuration, had been denied prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. Section 532 prohibits the use of funds to establish or maintain a computer network that does not block pornography, except for law enforcement and victim assistance purposes. Section 533 requires the departments and agencies funded in the bill to submit spending plans. Section 534 prohibits the use of funds to implement the Arms Trade Treaty until the [[Page H3377]] Senate approves a resolution of ratification for the Treaty. Section 535 prohibits funds to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract. Section 536 requires quarterly reports from the Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation of travel to China. Section 537 prohibits the Department of Justice from preventing certain States from implementing State laws regarding the use of medical marijuana. Section 538 prohibits the use of funds by the Department of Justice or the Drug Enforcement Administration in contravention of a certain section of the Agricultural Act of 2014. Section 539 requires 10 percent of the funds for certain programs be allocated for assistance in persistent poverty counties. Section 540 provides $109,000,000 of emergency funding for repairs at National Aeronautics and Space Administration facilities damaged by recent natural disasters. Section 541 includes language regarding the appointment of the United States Trade Representative. Section 542 provides $15,000,000 for emergency law enforcement assistance. [[Page H3378]] [GRAPHIC] [TIFF OMITTED] TH01MY17.030 [[Page H3379]] [GRAPHIC] [TIFF OMITTED] TH01MY17.031 [[Page H3380]] [GRAPHIC] [TIFF OMITTED] TH01MY17.032 [[Page H3381]] [GRAPHIC] [TIFF OMITTED] TH01MY17.033 [[Page H3382]] [GRAPHIC] [TIFF OMITTED] TH01MY17.034 [[Page H3383]] [GRAPHIC] [TIFF OMITTED] TH01MY17.035 [[Page H3384]] [GRAPHIC] [TIFF OMITTED] TH01MY17.036 [[Page H3385]] [GRAPHIC] [TIFF OMITTED] TH01MY17.037 [[Page H3386]] [GRAPHIC] [TIFF OMITTED] TH01MY17.038 [[Page H3387]] [GRAPHIC] [TIFF OMITTED] TH01MY17.039 [[Page H3388]] [GRAPHIC] [TIFF OMITTED] TH01MY17.040 [[Page H3389]] [GRAPHIC] [TIFF OMITTED] TH01MY17.041 [[Page H3390]] [GRAPHIC] [TIFF OMITTED] TH01MY17.042 [[Page H3391]] DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017 The following is an explanation of the effects of this Act, which makes appropriations for the Department of Defense for fiscal year 2017. Unless otherwise noted, references to the House and Senate reports are to House Report 114-577 and Senate Report 114-263, respectively. The language contained in the House and Senate reports warrant full compliance and carry the same weight as language included in this explanatory statement unless specifically addressed to the contrary in the bill or this explanatory statement. While repeating some language from the House or Senate reports for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein. DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119), and by the Budget Enforcement Act of 1990 (Public Law 101-508), the terms ``program, project, and activity'' for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2017, the related classified annexes and explanatory statements, and the P-1 and R-1 budget justification documents as subsequently modified by congressional action. The following exception to the above definition shall apply: the military personnel and the operation and maintenance accounts, for which the term ``program, project, and activity'' is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. At the time the President submits the budget request for fiscal year 2018, the Secretary of Defense is directed to transmit to the congressional defense committees budget justification documents to be known as the ``M-1'' and the ``O-1'' which shall identify, at the budget activity, activity group, and sub-activity group level, the amounts requested by the President to be appropriated to the Department of Defense for military personnel and operation and maintenance in any budget request, or amended budget request, for fiscal year 2018. REPROGRAMMING GUIDANCE The Secretary of Defense is directed to continue to follow the reprogramming guidance for acquisition accounts as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110-279). For operation and maintenance accounts, the Secretary of Defense shall continue to follow the reprogramming guidelines specified in the conference report accompanying H.R. 3222, the Department of Defense Appropriations Act, 2008. The dollar threshold for reprogramming funds shall remain at $10,000,000 for military personnel; $15,000,000 for operation and maintenance; $20,000,000 for procurement; and $10,000,000 for research, development, test and evaluation. Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees annual DD Form 1416 reports for titles I and II and quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a military personnel (M-1), an operation and maintenance (O- 1), a procurement (P-1), or a research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement. FUNDING INCREASES The funding increases outlined in the tables for each appropriation account shall be provided only for the specific purposes indicated in the tables. CONGRESSIONAL SPECIAL INTEREST ITEMS Items for which additional funds have been provided or items for which funding is specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed in the explanatory statement. CLASSIFIED ANNEX Adjustments to classified programs are addressed in the accompanying classified annex. BUDGET LIAISON SUPPORT TO THE HOUSE AND SENATE DEFENSE APPROPRIATIONS SUBCOMMITTEES The House and Senate Defense Appropriations Subcommittees rely heavily on offices within the Comptroller organizations of the military departments and the Office of the Secretary of Defense to conduct their oversight responsibilities and make funding recommendations for the Department of Defense. Established in the 1970s in accordance with a recommendation of the Blue Ribbon Defense Panel, these offices facilitate the appropriate flow of information between the House and Senate Defense Appropriations Subcommittees and the Comptroller of the respective department or agency. In the early 1990s, the House and Senate Defense Appropriations Subcommittees restated the support these organizations provide to the Committees and noted that ``while the various offices of legislative affairs offer great assistance to DoD and the Congress, they do not provide the expertise and the direct relationship to the Comptroller organizations which are essential to the effective communication between DoD and the Committees on Appropriations.'' Further, the explanatory statement accompanying the Department of Defense Appropriations Act, 2016 echoed the imperative to maintain the existing liaison structure to achieve the highest level of communication and trust between the Department of Defense and the House and Senate Defense Appropriations Subcommittees. The House and Senate Defense Appropriations Subcommittees repeat this support for the budget liaison organizations and reiterate previously stated concerns that efforts to incorporate these organizations into the military and Office of the Secretary of Defense legislative affairs offices would be deleterious to the appropriations process and to the utility of the budget liaison operation. Therefore, the agreement retains a provision in title II of this Act from previous years that prohibits the use of funds in this Act to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the Service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office. CYBERSPACE ACTIVITIES The agreement fully funds the fiscal year 2017 base budget requirement of $6,734,000,000 for the Army, Navy, Marine Corps, Air Force, and the defense agencies cyberspace activities, an increase of $992,000,000 over the fiscal year 2016 enacted level. While the Service and defense-wide budget justification material, as well as the Department of Defense classified cyberspace activities information technology investments budget justification materials, provide some level of detail, much of the funding is encompassed within larger programs and funding lines, which limits visibility and congressional oversight of requested funding for cyberspace activities specifically. Beginning in fiscal year 2018, the Department of Defense Chief Information Officer is directed to modify the cyberspace activities exhibit in order to provide increased visibility and clarity into the cyberspace activities funding requirements and changes to funding requirements from the previous fiscal year enacted levels, to segregate civilian and military pay, and to provide a crosswalk between the cyberspace activities justification books and the Services and defense-wide budget justification material. Further, in order to provide additional clarity and to enhance oversight, the Department of Defense Chief Information Officer, in coordination with the Under Secretary of Defense (Comptroller) and the Service Secretaries, is directed to conduct a review of the budget justification material and provide a proposal to the House and Senate Appropriations Committees not later than September 1, 2017, for how to clearly delineate the Department of Defense cyber investment activities requested in the operation and maintenance, procurement, and research, development, test and evaluation accounts as part of the budget justification material beginning with the fiscal year 2019 budget submission. The Under Secretary of Defense (Comptroller) and the Chief Information Officer are encouraged to consider establishing a unique cyber sub-activity group for operation and maintenance accounts and individual cost codes, projects, or program elements for procurement and research, development, test and evaluation accounts as part of this review. The Department of Defense cyberspace activities table provided shows the amount of funding provided to each Service and defense-wide account in fiscal years 2016 and 2017. Funding appropriated therein may be used only for cyberspace activities as defined by the classified cyberspace activities information technology investment budget request for fiscal year 2017. The Secretary of Defense is directed to use normal prior approval reprogramming procedures to transfer funding out of any operation and maintenance, procurement, or research, development, test and evaluation accounts as identified in the table titled ``Department of Defense Cyberspace Activities'' for any purpose other than cyberspace activities. The Department of Defense Chief Information Officer shall submit to the House and Senate Appropriations Committees two reports not later than May 30, 2017, and November 30, 2017, which provide the mid-year and end of fiscal year financial obligation and execution data for cyberspace activities of each year. [[Page H3392]] This language replaces the language included under the heading ``Cyberspace Operations'' in House Report 114-577. [[Page H3393]] [GRAPHIC] [TIFF OMITTED] TH08MR17.001 [[Page H3394]] QUARTERLY CYBER OPERATIONS BRIEFING The Secretary of Defense is directed to provide quarterly briefings to the House and Senate Appropriations Committees on all offensive and significant defensive military operations in cyberspace carried out by the Department of Defense not later than 30 days after the end of each fiscal quarter. TITLE I--MILITARY PERSONNEL The agreement provides $128,725,978,000 in Title I, Military Personnel. The agreement on items addressed by either the House or the Senate is as follows: [[Page H3395]] [GRAPHIC] [TIFF OMITTED] TH08MR17.002 [[Page H3396]] SUMMARY OF MILITARY PERSONNEL END STRENGTH ---------------------------------------------------------------------------------------------------------------- Fiscal Year 2017 ------------------------------------------------ Fiscal year Change 2016 Budget Change from authorized request Final bill from fiscal request year 2016 ---------------------------------------------------------------------------------------------------------------- Active Forces (End Strength) Army.......................................... 475,000 460,000 476,000 16,000 1,000 Navy.......................................... 329,200 322,900 323,900 1,000 -5,300 Marine Corps.................................. 184,000 182,000 185,000 3,000 1,000 Air Force..................................... 320,715 317,000 321,000 4,000 285 ------------------------------------------------------------- Total, Active Forces........................ 1,308,915 1,281,900 1,305,900 24,000 -3,015 ------------------------------------------------------------- Guard and Reserve Forces (End Strength) Army Reserve.................................. 198,000 195,000 199,000 4,000 1,000 Navy Reserve.................................. 57,400 58,000 58,000 - - - 600 Marine Corps Reserve.......................... 38,900 38,500 38,500 - - - -400 Air Force Reserve............................. 69,200 69,000 69,000 - - - -200 Army National Guard........................... 342,000 335,000 343,000 8,000 1,000 Air National Guard............................ 105,500 105,700 105,700 - - - 200 ------------------------------------------------------------- Total, Selected Reserve..................... 811,000 801,200 813,200 12,000 2,200 ------------------------------------------------------------- Total, Military Personnel......................... 2,119,915 2,083,100 2,119,100 36,000 -815 ---------------------------------------------------------------------------------------------------------------- SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH ---------------------------------------------------------------------------------------------------------------- Fiscal Year 2017 ------------------------------------------------ Fiscal year Change 2016 Budget Change from authorized request Final bill from fiscal request year 2016 ---------------------------------------------------------------------------------------------------------------- Army Reserve: AGR........................................... 16,261 16,261 16,261 - - - - - - Technicians................................... 7,395 7,570 7,570 - - - 175 Navy Reserve: AR............................................ 9,934 9,955 9,955 - - - 21 Marine Corps Reserve: AR............................................ 2,260 2,261 2,261 - - - 1 Air Force Reserve: AGR........................................... 3,032 2,955 2,955 - - - -77 Technicians................................... 9,814 10,061 10,061 - - - 247 Army National Guard: AGR........................................... 30,770 30,155 30,155 - - - -615 Technicians................................... 26,099 25,507 25,507 - - - -592 Air National Guard AGR........................................... 14,748 14,764 14,764 - - - 16 Technicians................................... 22,104 22,103 22,103 - - - -1 ------------------------------------------------------------- Totals: AGR/AR........................................ 77,005 76,351 76,351 - - - -654 Technicians................................... 65,412 65,241 65,241 - - - -171 ------------------------------------------------------------- Total, Full-Time Support.................. 142,417 141,592 141,592 - - - -825 ---------------------------------------------------------------------------------------------------------------- military personnel overview The agreement provides the resources required for an additional 24,000 active forces and 12,000 selected reserve forces, as authorized by current law and above the requested end strength levels, in order to meet operational needs for fiscal year 2017. The agreement also provides the funding necessary to support a 2.1 percent pay raise for all military personnel, as authorized, effective January 1, 2017. reprogramming guidance for military personnel accounts The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2017 appropriations accounts not later than 60 days after the enactment of this Act. The Secretary of Defense is prohibited from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the House and Senate Appropriations Committees. The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services' military personnel accounts between budget activities in excess of $10,000,000. military personnel special interest items Items for which additional funds have been provided or have been specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as identified on the DD Form 1414. military bands Military bands honor and celebrate warfighters, promote patriotism during community events, inspire servicemembers, and enhance efforts to recruit and retain troops. Band engagements play an important support role for national security and joint operations, opening diplomatic doors for political and military discussions while building trust and confidence with foreign military and civilian authorities. However, the activities of military bands must not detract from the core competencies of the military. The Secretary of Defense should review opportunities to ensure that only the critical functions of military bands are supported while minimizing impacts on funding for essential readiness, military personnel, modernization, and research and development activities. MILITARY PERSONNEL, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3397]] [GRAPHIC] [TIFF OMITTED] TH08MR17.003 [[Page H3398]] [GRAPHIC] [TIFF OMITTED] TH08MR17.004 [[Page H3399]] [GRAPHIC] [TIFF OMITTED] TH08MR17.005 [[Page H3400]] MILITARY PERSONNEL, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3401]] [GRAPHIC] [TIFF OMITTED] TH08MR17.006 [[Page H3402]] [GRAPHIC] [TIFF OMITTED] TH08MR17.007 [[Page H3403]] [GRAPHIC] [TIFF OMITTED] TH08MR17.008 [[Page H3404]] MILITARY PERSONNEL, MARINE CORPS The agreement on items addressed by either the House or the Senate is as follows: [[Page H3405]] [GRAPHIC] [TIFF OMITTED] TH08MR17.009 [[Page H3406]] [GRAPHIC] [TIFF OMITTED] TH08MR17.010 [[Page H3407]] [GRAPHIC] [TIFF OMITTED] TH08MR17.011 [[Page H3408]] MILITARY PERSONNEL, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3409]] [GRAPHIC] [TIFF OMITTED] TH08MR17.012 [[Page H3410]] [GRAPHIC] [TIFF OMITTED] TH08MR17.013 [[Page H3411]] [GRAPHIC] [TIFF OMITTED] TH08MR17.014 [[Page H3412]] RESERVE PERSONNEL, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3413]] [GRAPHIC] [TIFF OMITTED] TH08MR17.015 [[Page H3414]] [GRAPHIC] [TIFF OMITTED] TH08MR17.016 [[Page H3415]] RESERVE PERSONNEL, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3416]] [GRAPHIC] [TIFF OMITTED] TH08MR17.017 [[Page H3417]] [GRAPHIC] [TIFF OMITTED] TH08MR17.018 [[Page H3418]] RESERVE PERSONNEL, MARINE CORPS The agreement on items addressed by either the House or the Senate is as follows: [[Page H3419]] [GRAPHIC] [TIFF OMITTED] TH08MR17.019 [[Page H3420]] [GRAPHIC] [TIFF OMITTED] TH08MR17.020 [[Page H3421]] RESERVE PERSONNEL, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3422]] [GRAPHIC] [TIFF OMITTED] TH08MR17.021 [[Page H3423]] [GRAPHIC] [TIFF OMITTED] TH08MR17.022 [[Page H3424]] NATIONAL GUARD PERSONNEL, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3425]] [GRAPHIC] [TIFF OMITTED] TH08MR17.023 [[Page H3426]] [GRAPHIC] [TIFF OMITTED] TH08MR17.024 [[Page H3427]] NATIONAL GUARD PERSONNEL, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3428]] [GRAPHIC] [TIFF OMITTED] TH08MR17.025 [[Page H3429]] [GRAPHIC] [TIFF OMITTED] TH08MR17.026 [[Page H3430]] TITLE II--OPERATION AND MAINTENANCE The agreement provides $167,603,260,000 in Title II, Operation and Maintenance. The agreement on items addressed by either the House or the Senate is as follows: [[Page H3431]] [GRAPHIC] [TIFF OMITTED] TH08MR17.027 [[Page H3432]] REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2017 appropriation accounts not later than 60 days after the enactment of this Act. The Secretary of Defense is prohibited from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the House and Senate Appropriations Committees. The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services' operation and maintenance accounts between O-1 budget activities in excess of $15,000,000. In addition, the Secretary of Defense should follow prior approval reprogramming procedures for transfers in excess of $15,000,000 out of the following budget sub-activities: Army: Maneuver units Modular support brigades Land forces operations support Force readiness operations support Land forces depot maintenance Base operations support Facilities sustainment, restoration, and modernization Navy: Mission and other flight operations Aircraft depot maintenance Mission and other ship operations Ship depot maintenance Facilities sustainment, restoration, and modernization Marine Corps: Depot maintenance Facilities sustainment, restoration, and modernization Air Force: Primary combat forces Combat enhancement forces Operating forces depot maintenance Facilities sustainment, restoration, and modernization Mobilization depot maintenance Training and recruiting depot maintenance Administration and service-wide depot maintenance Air Force Reserve: Depot maintenance Air National Guard: Depot maintenance Additionally, the Secretary of Defense should follow prior approval reprogramming procedures for transfers in excess of $15,000,000 into the following budget sub-activity: Operation and Maintenance, Army National Guard: Other personnel support/recruiting and advertising With respect to Operation and Maintenance, Defense-Wide, proposed transfers of funds to or from the levels specified for defense agencies in excess of $15,000,000 shall be subject to prior approval reprogramming procedures. OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS Items for which additional funds have been provided or have been specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as identified on the DD Form 1414. READINESS The agreement provides additional readiness funds for the Services within the operation and maintenance accounts. This funding shall be used only to improve military readiness, including increased training, depot maintenance, and base operations support. None of the funding provided may be used for recruiting, marketing, or advertising programs. The funding provided is a congressional special interest item. The Secretary of Defense and the Service Secretaries are directed to submit a detailed spending plan by sub-activity group to the House and Senate Appropriations Committees not less than 30 days prior to the obligation of these funds. These transfers may be implemented 30 days after congressional notification unless an objection is received from either the House or Senate Appropriations Committees. ENERGY INDEPENDENCE AND SECURITY ACT The agreement does not include a provision included in the House-passed version of H.R. 5293 that referenced the Energy Independence and Security Act of 2007. It is noted that the enforcement of section 526 of the Energy Independence and Security Act of 2007 may lead to higher fuel costs for federal fleets in the absence of competitively priced new generation fuels that emit fewer emissions. In carrying out this statute, the Secretary of Defense and the Service Secretaries should work to ensure that costs associated with fuel purchases necessary to carry out their respective missions should be minimized to the greatest extent possible. CIVILIAN PAY RAISE Although the agreement does not include additional funds specifically for the civilian pay increase from 1.6 percent to 2.1 percent, sufficient funding is available within the appropriations accounts to fully fund the increase due to assets created by the civilian hiring freeze and the extended length of H.R. 2028, theFurther Continuing and Security Assistance Appropriations Act, 2017. AQUEOUS FILM FORMING FOAM The use of the fire-extinguishing agent Aqueous Film Forming Foam (AFFF) by the Department of Defense has been linked to elevated levels of perfluorinated chemicals (PFCs) on military bases and in neighboring communities. According to the Centers for Disease Control and Prevention and the National Institutes of Health, PFCs have adverse impacts on human health. The Navy and Air Force have begun remediation of PFC contamination. The Secretary of Defense is encouraged to require all Services to establish procedures for prompt and cost-effective remediation. In addition, the Secretary of Defense is directed to submit a report to the congressional defense committees not later than 120 days after the enactment of this Act that assesses the number of formerly used and current military installations where AFFF was or is currently used and the impact of PFC contaminated drinking water on surrounding communities. The report should also include plans for prompt community notification of such contamination, when the contamination was detected, and the procedures for timely remediation. OPERATION AND MAINTENANCE, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3433]] [GRAPHIC] [TIFF OMITTED] TH08MR17.028 [[Page H3434]] [GRAPHIC] [TIFF OMITTED] TH08MR17.029 [[Page H3435]] [GRAPHIC] [TIFF OMITTED] TH08MR17.030 [[Page H3436]] [GRAPHIC] [TIFF OMITTED] TH08MR17.031 [[Page H3437]] [GRAPHIC] [TIFF OMITTED] TH08MR17.032 [[Page H3438]] OPERATION AND MAINTENANCE, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3439]] [GRAPHIC] [TIFF OMITTED] TH08MR17.033 [[Page H3440]] [GRAPHIC] [TIFF OMITTED] TH08MR17.034 [[Page H3441]] [GRAPHIC] [TIFF OMITTED] TH08MR17.035 [[Page H3442]] [GRAPHIC] [TIFF OMITTED] TH08MR17.036 [[Page H3443]] [GRAPHIC] [TIFF OMITTED] TH08MR17.037 [[Page H3444]] [GRAPHIC] [TIFF OMITTED] TH08MR17.038 [[Page H3445]] READINESS COST ASSESSMENT TOOL The recently published Naval Aviation Vision 2016-2025 offered strong support for the Readiness Cost Assessment Tool, which is the first phase of the Proficiency Optimization initiative. In lieu of the reporting requirement in House Report 114-577, the Secretary of the Navy is directed to submit a report to the congressional defense committees not later than 60 days after the enactment of this Act that describes the Naval Aviation Enterprise Proficiency Optimization initiative, the current funding profile, and the potential to accelerate or streamline the program strategy. OPERATION AND MAINTENANCE, MARINE CORPS The agreement on items addressed by either the House or the Senate is as follows: [[Page H3446]] [GRAPHIC] [TIFF OMITTED] TH08MR17.039 [[Page H3447]] [GRAPHIC] [TIFF OMITTED] TH08MR17.040 [[Page H3448]] [GRAPHIC] [TIFF OMITTED] TH08MR17.041 [[Page H3449]] OPERATION AND MAINTENANCE, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3450]] [GRAPHIC] [TIFF OMITTED] TH08MR17.042 [[Page H3451]] [GRAPHIC] [TIFF OMITTED] TH08MR17.043 [[Page H3452]] [GRAPHIC] [TIFF OMITTED] TH08MR17.044 [[Page H3453]] [GRAPHIC] [TIFF OMITTED] TH08MR17.045 [[Page H3454]] [GRAPHIC] [TIFF OMITTED] TH08MR17.046 [[Page H3455]] OPERATION AND MAINTENANCE, DEFENSE-WIDE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3456]] [GRAPHIC] [TIFF OMITTED] TH08MR17.047 [[Page H3457]] [GRAPHIC] [TIFF OMITTED] TH08MR17.048 [[Page H3458]] [GRAPHIC] [TIFF OMITTED] TH08MR17.049 [[Page H3459]] [GRAPHIC] [TIFF OMITTED] TH08MR17.050 [[Page H3460]] BACKGROUND INVESTIGATION SYSTEMS The agreement fully funds the budget request for the Department of Defense to develop, replace, and sustain federal government security and suitability background investigation technology systems. In lieu of the language included under this heading in House Report 114-577, the Director of the Defense Information Systems Agency is directed to submit a progress report to the congressional defense committees not later than 90 days after the enactment of this Act, and semiannually thereafter, that includes the information technology development and implementation plan, associated timeline with milestones, costs for each phase of implementation, anticipated outyear costs, personnel structure, and any other significant issues related to the establishment and sustainment of a new federal government background information technology system housed within the Department of Defense. OPERATION AND MAINTENANCE, ARMY RESERVE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3461]] [GRAPHIC] [TIFF OMITTED] TH08MR17.051 [[Page H3462]] [GRAPHIC] [TIFF OMITTED] TH08MR17.052 [[Page H3463]] OPERATION AND MAINTENANCE, NAVY RESERVE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3464]] [GRAPHIC] [TIFF OMITTED] TH08MR17.053 [[Page H3465]] [GRAPHIC] [TIFF OMITTED] TH08MR17.054 [[Page H3466]] OPERATION AND MAINTENANCE, MARINE CORPS RESERVE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3467]] [GRAPHIC] [TIFF OMITTED] TH08MR17.055 [[Page H3468]] [GRAPHIC] [TIFF OMITTED] TH08MR17.056 [[Page H3469]] OPERATION AND MAINTENANCE, AIR FORCE RESERVE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3470]] [GRAPHIC] [TIFF OMITTED] TH08MR17.057 [[Page H3471]] [GRAPHIC] [TIFF OMITTED] TH08MR17.058 [[Page H3472]] OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD The agreement on items addressed by either the House or the Senate is as follows: [[Page H3473]] [GRAPHIC] [TIFF OMITTED] TH08MR17.059 [[Page H3474]] [GRAPHIC] [TIFF OMITTED] TH08MR17.060 [[Page H3475]] NATIONAL GUARD STATE PARTNERSHIP PROGRAM LANGUAGE ENHANCEMENT PROGRAM For more than twenty years, the National Guard State Partnership Program (SPP) has been successfully building unique security relationships with more than 75 nations around the globe. To build on the success of this program, the agreement recommends that the Chief of the National Guard Bureau encourage the enhancement of individual language skills and prioritize language school appointments of soldiers and airmen within the program to help further strengthen these international relationships. Additionally, servicemembers of the National Guard that participate in, and are from states with units assigned to state partnership activities should strive to attend language schools, both defense-sponsored and otherwise; obtain computer-assisted language-learning software; and use international visits through the SPP as a means of language skill immersion. OPERATION AND MAINTENANCE, AIR NATIONAL GUARD The agreement on items addressed by either the House or the Senate is as follows: [[Page H3476]] [GRAPHIC] [TIFF OMITTED] TH08MR17.061 [[Page H3477]] [GRAPHIC] [TIFF OMITTED] TH08MR17.062 [[Page H3478]] UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES The agreement provides $14,194,000 for the United States Court of Appeals for the Armed Forces. ENVIRONMENTAL RESTORATION, ARMY The agreement provides $170,167,000 for Environmental Restoration, Army. ENVIRONMENTAL RESTORATION, NAVY The agreement provides $289,262,000, an increase of $7,500,000 above the budget request, for Environmental Restoration, Navy. ENVIRONMENTAL RESTORATION, AIR FORCE The agreement provides $371,521,000 for Environmental Restoration, Air Force. ENVIRONMENTAL RESTORATION, DEFENSE-WIDE The agreement provides $9,009,000 for Environmental Restoration, Defense-Wide. ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES The agreement provides $222,084,000, an increase of $25,000,000 above the budget request, for Environmental Restoration, Formerly Used Defense Sites. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID The agreement provides $123,125,000, an increase of $18,000,000 above the budget request, for Overseas Humanitarian, Disaster, and Civic Aid. Specifically, $3,000,000 is a general increase and $15,000,000 is for South China Sea Regional Engagement. COOPERATIVE THREAT REDUCTION ACCOUNT The agreement provides $325,604,000 for the Cooperative Threat Reduction Account, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ Strategic Offensive Arms Elimination.... 11,791 11,791 Chemical Weapons Destruction............ 2,942 2,942 Biological Threat Reduction............. 213,984 213,984 Threat Reduction Engagement............. 2,000 2,000 Other Assessments/Admin Costs........... 27,279 27,279 Global Nuclear Security................. 16,899 16,899 WMD Proliferation Prevention............ 50,709 50,709 ------------------------------- TOTAL, COOPERATIVE THREAT REDUCTION 325,604 325,604 ACCOUNT............................ ------------------------------------------------------------------------ TITLE III--PROCUREMENT The agreement provides $108,426,827,000 in Title III, Procurement. The agreement on items addressed by either the House or the Senate is as follows: [[Page H3479]] [GRAPHIC] [TIFF OMITTED] TH08MR17.063 [[Page H3480]] REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110- 279). Specifically, the dollar threshold for reprogramming funds shall remain at $20,000,000 for procurement and $10,000,000 for research, development, test and evaluation. Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a procurement (P-1) or research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement. FUNDING INCREASES The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the tables. PROCUREMENT SPECIAL INTEREST ITEMS Items for which additional funds have been provided as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. JOINT STRIKE FIGHTER BUDGET JUSTIFICATIONS AND CONTRACTING Throughout the fiscal year 2017 budget review process, the Joint Strike Fighter (JSF) Joint Program Office provided insufficient justification and incomplete information in an untimely manner. It is imperative that requested information is received promptly for proper congressional oversight of this major defense acquisition program. It is understood that the Secretary of Defense is reviewing potential alternative management structures for the JSF program as directed by the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). This review will provide an opportunity to improve communication between the JSF Program Executive Officer (PEO), the Services, and the congressional defense committees to ensure the program's funding requirements are fully understood, communicated, and justified. Additionally, there is concern that the number of F-35s enacted in annual Department of Defense Appropriations Acts are not being placed on contract by the JSF PEO in a timely manner. Four F-35s included in the Department of Defense Appropriations Act, 2015 and 13 F-35s included in the Department of Defense Appropriations Act, 2016 were not part of their respective low rate initial production (LRIP) contracts due to the PEO's contracting strategy. Specifically, only four F-35Cs were included on LRIPs 9 and 10, rather than the ten F-35Cs enacted in the Department of Defense Appropriations Acts, 2015 and 2016, impeding production efficiencies. The agreement directs the JSF PEO to use a contracting approach that would award all aircraft included in each Department of Defense Appropriations Act on the respective production contract for that fiscal year. The agreement includes funding for 74 F-35 aircraft. The JSF PEO is directed to brief the congressional defense committees not later than 45 days after the enactment of this Act on the contracting strategy for these aircraft. AIRCRAFT PROCUREMENT, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3481]] [GRAPHIC] [TIFF OMITTED] TH08MR17.064 [[Page H3482]] [GRAPHIC] [TIFF OMITTED] TH08MR17.065 [[Page H3483]] [GRAPHIC] [TIFF OMITTED] TH08MR17.066 [[Page H3484]] UH-72 LAKOTA LIGHT UTILITY HELICOPTER The agreement provides $187,000,000 to procure 28 UH-72 Lakota Light Utility Helicopters for the Army in support of ongoing mission requirements at the Army Aviation Center of Excellence at Fort Rucker, the Combat Training Centers, and the Army Test and Evaluation Center. The agreement notes that this investment is consistent with previous appropriations and was included in the Army's unfunded priority list. The Secretary of the Army is encouraged to request funding for UH-72 Lakota Light Utility Helicopters to address ongoing mission requirements in future budget submissions. MISSILE PROCUREMENT, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3485]] [GRAPHIC] [TIFF OMITTED] TH08MR17.067 [[Page H3486]] [GRAPHIC] [TIFF OMITTED] TH08MR17.068 [[Page H3487]] [GRAPHIC] [TIFF OMITTED] TH08MR17.069 [[Page H3488]] PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3489]] [GRAPHIC] [TIFF OMITTED] TH08MR17.070 [[Page H3490]] [GRAPHIC] [TIFF OMITTED] TH08MR17.071 [[Page H3491]] [GRAPHIC] [TIFF OMITTED] TH08MR17.072 [[Page H3492]] PROCUREMENT OF AMMUNITION, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3493]] [GRAPHIC] [TIFF OMITTED] TH08MR17.073 [[Page H3494]] [GRAPHIC] [TIFF OMITTED] TH08MR17.074 [[Page H3495]] [GRAPHIC] [TIFF OMITTED] TH08MR17.075 [[Page H3496]] OTHER PROCUREMENT, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3497]] [GRAPHIC] [TIFF OMITTED] TH08MR17.076 [[Page H3498]] [GRAPHIC] [TIFF OMITTED] TH08MR17.077 [[Page H3499]] [GRAPHIC] [TIFF OMITTED] TH08MR17.078 [[Page H3500]] [GRAPHIC] [TIFF OMITTED] TH08MR17.079 [[Page H3501]] [GRAPHIC] [TIFF OMITTED] TH08MR17.080 [[Page H3502]] [GRAPHIC] [TIFF OMITTED] TH08MR17.081 [[Page H3503]] [GRAPHIC] [TIFF OMITTED] TH08MR17.082 [[Page H3504]] [GRAPHIC] [TIFF OMITTED] TH08MR17.083 [[Page H3505]] [GRAPHIC] [TIFF OMITTED] TH08MR17.084 [[Page H3506]] AIRCRAFT PROCUREMENT, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3507]] [GRAPHIC] [TIFF OMITTED] TH08MR17.085 [[Page H3508]] [GRAPHIC] [TIFF OMITTED] TH08MR17.086 [[Page H3509]] [GRAPHIC] [TIFF OMITTED] TH08MR17.087 [[Page H3510]] [GRAPHIC] [TIFF OMITTED] TH08MR17.088 [[Page H3511]] [GRAPHIC] [TIFF OMITTED] TH08MR17.089 [[Page H3512]] [GRAPHIC] [TIFF OMITTED] TH08MR17.090 [[Page H3513]] WEAPONS PROCUREMENT, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3514]] [GRAPHIC] [TIFF OMITTED] TH08MR17.091 [[Page H3515]] [GRAPHIC] [TIFF OMITTED] TH08MR17.092 [[Page H3516]] [GRAPHIC] [TIFF OMITTED] TH08MR17.093 [[Page H3517]] PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS The agreement on items addressed by either the House or the Senate is as follows: [[Page H3518]] [GRAPHIC] [TIFF OMITTED] TH08MR17.094 [[Page H3519]] [GRAPHIC] [TIFF OMITTED] TH08MR17.095 [[Page H3520]] [GRAPHIC] [TIFF OMITTED] TH08MR17.096 [[Page H3521]] SHIPBUILDING AND CONVERSION, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3522]] [GRAPHIC] [TIFF OMITTED] TH08MR17.097 [[Page H3523]] [GRAPHIC] [TIFF OMITTED] TH08MR17.098 [[Page H3524]] [GRAPHIC] [TIFF OMITTED] TH08MR17.099 [[Page H3525]] ddg-51 flight IIa destroyers The Navy currently is procuring DDG-51 Flight IIA destroyers under a fiscal year 2013 to fiscal year 2017 multi-year procurement shipbuilding contract awarded in June 2013, as authorized by section 8010 of Public Law 113-6. Additionally, the Navy is addressing increasing ballistic and cruise missile threats through the development and acquisition of an Air and Missile Defense Radar, which is planned for integration on the DDG-51 class of ships through an engineering change proposal, resulting in a new Flight III configuration. However, a recent Government Accountability Office report (GAO 16-613) details concerns regarding a lack of sufficient acquisition and limited detail design knowledge to support the Navy's current Flight III procurement strategy. Further concerns remain regarding the full costs of DDG-51 Flight III destroyers. Therefore, the Secretary of the Navy should award and complete the additional DDG-51 ship, fully funded in fiscal years 2016 and 2017, as an additional DDG-51 Flight IIA ship. The Secretary of the Navy is directed to expeditiously award this ship construction contract. polar icebreaker recapitalization project The Navy and the Coast Guard are collaborating to refine requirements and an acquisition strategy for procurement of an affordable polar icebreaker. This collaboration continues to refine program costs and requirements in an effort to award a detailed design and construction contract for the lead ship in fiscal year 2019. The agreement supports this effort and provides $150,000,000 in advance procurement funding to buy long-lead time material for the program's initial ship. The Coast Guard is encouraged to budget for follow-on efforts. OTHER PROCUREMENT, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3526]] [GRAPHIC] [TIFF OMITTED] TH08MR17.100 [[Page H3527]] [GRAPHIC] [TIFF OMITTED] TH08MR17.101 [[Page H3528]] [GRAPHIC] [TIFF OMITTED] TH08MR17.102 [[Page H3529]] [GRAPHIC] [TIFF OMITTED] TH08MR17.103 [[Page H3530]] [GRAPHIC] [TIFF OMITTED] TH08MR17.104 [[Page H3531]] [GRAPHIC] [TIFF OMITTED] TH08MR17.105 [[Page H3532]] [GRAPHIC] [TIFF OMITTED] TH08MR17.106 [[Page H3533]] [GRAPHIC] [TIFF OMITTED] TH08MR17.107 [[Page H3534]] [GRAPHIC] [TIFF OMITTED] TH08MR17.108 [[Page H3535]] [GRAPHIC] [TIFF OMITTED] TH08MR17.109 [[Page H3536]] [GRAPHIC] [TIFF OMITTED] TH08MR17.110 [[Page H3537]] [GRAPHIC] [TIFF OMITTED] TH08MR17.111 [[Page H3538]] PROCUREMENT, MARINE CORPS The agreement on items addressed by either the House or the Senate is as follows: [[Page H3539]] [GRAPHIC] [TIFF OMITTED] TH08MR17.112 [[Page H3540]] [GRAPHIC] [TIFF OMITTED] TH08MR17.113 [[Page H3541]] [GRAPHIC] [TIFF OMITTED] TH08MR17.114 [[Page H3542]] [GRAPHIC] [TIFF OMITTED] TH08MR17.115 [[Page H3543]] [GRAPHIC] [TIFF OMITTED] TH08MR17.116 [[Page H3544]] AIRCRAFT PROCUREMENT, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3545]] [GRAPHIC] [TIFF OMITTED] TH08MR17.117 [[Page H3546]] [GRAPHIC] [TIFF OMITTED] TH08MR17.118 [[Page H3547]] [GRAPHIC] [TIFF OMITTED] TH08MR17.119 [[Page H3548]] [GRAPHIC] [TIFF OMITTED] TH08MR17.120 [[Page H3549]] [GRAPHIC] [TIFF OMITTED] TH08MR17.121 [[Page H3550]] [GRAPHIC] [TIFF OMITTED] TH08MR17.122 [[Page H3551]] MISSILE PROCUREMENT, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3552]] [GRAPHIC] [TIFF OMITTED] TH08MR17.123 [[Page H3553]] [GRAPHIC] [TIFF OMITTED] TH08MR17.124 [[Page H3554]] SPACE PROCUREMENT, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3555]] [GRAPHIC] [TIFF OMITTED] TH08MR17.125 [[Page H3556]] [GRAPHIC] [TIFF OMITTED] TH08MR17.126 [[Page H3557]] PROCUREMENT OF AMMUNITION, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3558]] [GRAPHIC] [TIFF OMITTED] TH08MR17.127 [[Page H3559]] [GRAPHIC] [TIFF OMITTED] TH08MR17.128 [[Page H3560]] OTHER PROCUREMENT, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3561]] [GRAPHIC] [TIFF OMITTED] TH08MR17.129 [[Page H3562]] [GRAPHIC] [TIFF OMITTED] TH08MR17.130 [[Page H3563]] [GRAPHIC] [TIFF OMITTED] TH08MR17.131 [[Page H3564]] [GRAPHIC] [TIFF OMITTED] TH08MR17.132 [[Page H3565]] PROCUREMENT, DEFENSE-WIDE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3566]] [GRAPHIC] [TIFF OMITTED] TH08MR17.133 [[Page H3567]] [GRAPHIC] [TIFF OMITTED] TH08MR17.134 [[Page H3568]] [GRAPHIC] [TIFF OMITTED] TH08MR17.135 [[Page H3569]] [GRAPHIC] [TIFF OMITTED] TH08MR17.136 [[Page H3570]] DEFENSE PRODUCTION ACT PURCHASES The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ DEFENSE PRODUCTION ACT PURCHASES.. 44,065 64,065 Program increase.............. ................. 20,000 ------------------------------------- TOTAL, DEFENSE PRODUCTION ACT 44,065 64,065 PURCHASES.................... ------------------------------------------------------------------------ TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION The agreement provides $72,301,587,000 in Title IV, Research, Development, Test and Evaluation. The agreement on items addressed by either the House or the Senate is as follows: [[Page H3571]] [GRAPHIC] [TIFF OMITTED] TH08MR17.137 [[Page H3572]] REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110- 279). Specifically, the dollar threshold for reprogramming funds shall remain at $20,000,000 for procurement and $10,000,000 for research, development, test and evaluation. Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a procurement (P-1) or research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement. FUNDING INCREASES The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the tables. RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS Items for which additional funds have been provided as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. JOINT STRIKE FIGHTER FOLLOW-ON MODERNIZATION The Joint Strike Fighter Program Executive Officer is directed to comply with the reporting requirement included under the heading ``Joint Strike Fighter Follow-on Modernization'' in Senate Report 114-263. The Secretary of Defense is not required to comply with the reporting requirement included under the heading ``Joint Strike Fighter Follow-on Development'' in House Report 114-577. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3573]] [GRAPHIC] [TIFF OMITTED] TH08MR17.138 [[Page H3574]] [GRAPHIC] [TIFF OMITTED] TH08MR17.139 [[Page H3575]] [GRAPHIC] [TIFF OMITTED] TH08MR17.140 [[Page H3576]] [GRAPHIC] [TIFF OMITTED] TH08MR17.141 [[Page H3577]] [GRAPHIC] [TIFF OMITTED] TH08MR17.142 [[Page H3578]] [GRAPHIC] [TIFF OMITTED] TH08MR17.143 [[Page H3579]] [GRAPHIC] [TIFF OMITTED] TH08MR17.144 [[Page H3580]] [GRAPHIC] [TIFF OMITTED] TH08MR17.145 [[Page H3581]] [GRAPHIC] [TIFF OMITTED] TH08MR17.146 [[Page H3582]] [GRAPHIC] [TIFF OMITTED] TH08MR17.147 [[Page H3583]] [GRAPHIC] [TIFF OMITTED] TH08MR17.148 [[Page H3584]] [GRAPHIC] [TIFF OMITTED] TH08MR17.149 [[Page H3585]] [GRAPHIC] [TIFF OMITTED] TH08MR17.150 [[Page H3586]] RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY The agreement on items addressed by either the House or the Senate is as follows: [[Page H3587]] [GRAPHIC] [TIFF OMITTED] TH08MR17.151 [[Page H3588]] [GRAPHIC] [TIFF OMITTED] TH08MR17.152 [[Page H3589]] [GRAPHIC] [TIFF OMITTED] TH08MR17.153 [[Page H3590]] [GRAPHIC] [TIFF OMITTED] TH08MR17.154 [[Page H3591]] [GRAPHIC] [TIFF OMITTED] TH08MR17.155 [[Page H3592]] [GRAPHIC] [TIFF OMITTED] TH08MR17.156 [[Page H3593]] [GRAPHIC] [TIFF OMITTED] TH08MR17.157 [[Page H3594]] [GRAPHIC] [TIFF OMITTED] TH08MR17.158 [[Page H3595]] [GRAPHIC] [TIFF OMITTED] TH08MR17.159 [[Page H3596]] [GRAPHIC] [TIFF OMITTED] TH08MR17.160 [[Page H3597]] [GRAPHIC] [TIFF OMITTED] TH08MR17.161 [[Page H3598]] [GRAPHIC] [TIFF OMITTED] TH08MR17.162 [[Page H3599]] [GRAPHIC] [TIFF OMITTED] TH08MR17.163 [[Page H3600]] [GRAPHIC] [TIFF OMITTED] TH08MR17.164 [[Page H3601]] [GRAPHIC] [TIFF OMITTED] TH08MR17.165 [[Page H3602]] [GRAPHIC] [TIFF OMITTED] TH08MR17.166 [[Page H3603]] STANDARD MISSILE-6 The agreement includes $120,561,000, as requested, for Standard Missile-6 (SM-6) improvements. It is understood that the Navy's top priority for the SM-6 research, development, test and evaluation program in fiscal year 2017 is the completion of program of record flight tests and achieving full operational capability for the SM-6 Block I. The Secretary of the Navy is encouraged to prioritize funding allocations accordingly. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3604]] [GRAPHIC] [TIFF OMITTED] TH08MR17.167 [[Page H3605]] [GRAPHIC] [TIFF OMITTED] TH08MR17.168 [[Page H3606]] [GRAPHIC] [TIFF OMITTED] TH08MR17.169 [[Page H3607]] [GRAPHIC] [TIFF OMITTED] TH08MR17.170 [[Page H3608]] [GRAPHIC] [TIFF OMITTED] TH08MR17.171 [[Page H3609]] [GRAPHIC] [TIFF OMITTED] TH08MR17.172 [[Page H3610]] [GRAPHIC] [TIFF OMITTED] TH08MR17.173 [[Page H3611]] [GRAPHIC] [TIFF OMITTED] TH08MR17.174 [[Page H3612]] [GRAPHIC] [TIFF OMITTED] TH08MR17.175 [[Page H3613]] [GRAPHIC] [TIFF OMITTED] TH08MR17.176 [[Page H3614]] [GRAPHIC] [TIFF OMITTED] TH08MR17.177 [[Page H3615]] [GRAPHIC] [TIFF OMITTED] TH08MR17.178 [[Page H3616]] [GRAPHIC] [TIFF OMITTED] TH08MR17.179 [[Page H3617]] [GRAPHIC] [TIFF OMITTED] TH08MR17.180 [[Page H3618]] [GRAPHIC] [TIFF OMITTED] TH08MR17.181 [[Page H3619]] LONG RANGE STRIKE BOMBER The Inspector General of the Department of Defense is directed to conduct an evaluation and submit a report as described under this heading in Senate Report 114-263 not later than 180 days after the enactment of this Act. In addition, the agreement designates the long range strike bomber program as a congressional special interest item for purposes of transfer of funds and prior approval reprogramming procedures. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM RECAPITALIZATION The agreement includes a provision that prohibits the obligation or expenditure of funds provided for the Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program on pre-milestone B activities after March 31, 2018. The agreement fully funds the request of $128,019,000 for the program, of which only $68,000,000 is required to conclude sufficient progress on radar risk reduction activities. The Secretary of the Air Force should apply the remaining funds to other risk reduction activities and the source selection process to accelerate entry into the engineering and manufacturing development (EMD) phase of the program. The Secretary of the Air Force and the Under Secretary of Defense (Acquisition, Technology, and Logistics) are directed to provide a briefing to the congressional defense committees not later than 90 days after the enactment of this Act on a compressed acquisition schedule and funding profile for the JSTARS recapitalization program to achieve initial operational capability and full operational capability as early as possible. The briefing shall detail the schedule for the EMD phase including source selection and contract award for EMD. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3620]] [GRAPHIC] [TIFF OMITTED] TH08MR17.182 [[Page H3621]] [GRAPHIC] [TIFF OMITTED] TH08MR17.183 [[Page H3622]] [GRAPHIC] [TIFF OMITTED] TH08MR17.184 [[Page H3623]] [GRAPHIC] [TIFF OMITTED] TH08MR17.185 [[Page H3624]] [GRAPHIC] [TIFF OMITTED] TH08MR17.186 [[Page H3625]] [GRAPHIC] [TIFF OMITTED] TH08MR17.187 [[Page H3626]] [GRAPHIC] [TIFF OMITTED] TH08MR17.188 [[Page H3627]] [GRAPHIC] [TIFF OMITTED] TH08MR17.189 [[Page H3628]] [GRAPHIC] [TIFF OMITTED] TH08MR17.190 [[Page H3629]] [GRAPHIC] [TIFF OMITTED] TH08MR17.191 [[Page H3630]] [GRAPHIC] [TIFF OMITTED] TH08MR17.192 [[Page H3631]] [GRAPHIC] [TIFF OMITTED] TH08MR17.193 [[Page H3632]] [GRAPHIC] [TIFF OMITTED] TH08MR17.194 [[Page H3633]] RAPID PROTOTYPING PROGRAM The agreement includes $100,000,000 for a rapid prototyping program. The Secretary of Defense is directed to brief the House and Senate Appropriations Committees on a plan for execution 20 days prior to transfer or obligation of any funds for this program. OPERATIONAL TEST AND EVALUATION, DEFENSE The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ OPERATIONAL TEST AND EVALUATION... 78,047 78,047 LIVE FIRE TESTING................. 48,316 48,316 OPERATIONAL TEST ACTIVITIES AND 52,631 60,631 ANALYSIS......................... Program increase--threat ................. 8,000 resource analysis............ ------------------------------------- TOTAL, OPERATIONAL TEST AND 178,994 186,994 EVALUATION, DEFENSE.............. ------------------------------------------------------------------------ TITLE V--REVOLVING AND MANAGEMENT FUNDS The agreement provides $1,511,613,000 in Title V, Revolving and Management Funds. The agreement on items addressed by either the House or the Senate is as follows: [[Page H3634]] [GRAPHIC] [TIFF OMITTED] TH08MR17.195 [[Page H3635]] DEFENSE WORKING CAPITAL FUNDS The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ WORKING CAPITAL FUND, ARMY........ 56,469 196,469 Program increase--arsenal ................. 140,000 initiative................... WORKING CAPITAL FUND, AIR FORCE... 63,967 63,967 WORKING CAPITAL FUND, DEFENSE-WIDE 37,132 37,132 DEFENSE WORKING CAPITAL FUND, DECA 1,214,045 1,214,045 ------------------------------------- TOTAL, DEFENSE WORKING CAPITAL 1,371,613 1,511,613 FUNDS........................ ------------------------------------------------------------------------ TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS The agreement provides $35,615,831,000 in Title VI, Other Department of Defense Programs. The agreement on items addressed by either the House or the Senate is as follows: [[Page H3636]] [GRAPHIC] [TIFF OMITTED] TH08MR17.196 [[Page H3637]] DEFENSE HEALTH PROGRAM The agreement on items addressed by either the House or the Senate is as follows: [[Page H3638]] [GRAPHIC] [TIFF OMITTED] TH08MR17.197 [[Page H3639]] [GRAPHIC] [TIFF OMITTED] TH08MR17.198 [[Page H3640]] [GRAPHIC] [TIFF OMITTED] TH08MR17.199 [[Page H3641]] REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM Concerns remain regarding the transfer of funds from the In-House Care budget sub-activity to pay for contractor- provided medical care. To limit such transfers and improve oversight within the Defense Health Program operation and maintenance account, the agreement includes a provision which caps the funds available for Private Sector Care under the TRICARE program subject to prior approval reprogramming procedures. The provision and accompanying explanatory statement language should not be interpreted as limiting the amount of funds that may be transferred to the In-House Care budget sub-activity from other budget sub-activities within the Defense Health Program. In addition, funding for the In- House Care budget sub-activity continues to be designated as a congressional special interest item. Any transfer of funds from the In-House Care budget sub-activity into the Private Sector Care budget sub-activity or any other budget sub- activity requires the Secretary of Defense to follow prior approval reprogramming procedures for operation and maintenance funds. The Secretary of Defense is directed to provide written notification to the congressional defense committees of cumulative transfers in excess of $10,000,000 out of the Private Sector Care budget sub-activity not later than fifteen days after such a transfer. Furthermore, the Secretary of Defense is directed to provide a report to the congressional defense committees not later than 30 days after the enactment of this Act that delineates transfers of funds in excess of $10,000,000, and the dates any transfers occurred, from the Private Sector Care budget sub-activity to any other budget sub-activity groups for fiscal year 2016. The Assistant Secretary of Defense (Health Affairs) is directed to provide quarterly reports to the congressional defense committees on budget execution data for all of the Defense Health Program budget activities and to adequately reflect changes to the budget activities requested by the Services in future budget submissions. PEER-REVIEWED CANCER RESEARCH PROGRAM The agreement provides $60,000,000 for the peer-reviewed cancer research program to research cancers not addressed in the breast, prostate, ovarian, kidney, and lung cancer research programs. The funds provided in the peer-reviewed cancer research program are directed to be used to conduct research in the following areas: bladder cancer, brain cancer, colorectal cancer, immunotherapy, listeria-based regimens for cancer, liver cancer, lymphoma, melanoma and other skin cancers, mesothelioma, neuroblastoma, pancreatic cancer, pediatric brain tumors, stomach cancer, and cancer in children, adolescents, and young adults. The reports directed under this heading in House Report 114-577 and Senate Report 114-263 are still required. PEER-REVIEWED MEDICAL RESEARCH PROGRAM The agreement provides $300,000,000 for a peer-reviewed medical research program. The Secretary of Defense, in conjunction with the Service Surgeons General, is directed to select medical research projects of clear scientific merit and direct relevance to military health. Research areas considered under this funding are restricted to the following areas: acute lung injury, antimicrobial resistance, arthritis, burn pit exposure, chronic migraine and post- traumatic headache, congenital heart disease, constrictive bronchiolitis, diabetes, diarrheal diseases, dystonia, early trauma thermal regulation, eating disorders, emerging infectious diseases, epidermolysis bullosa, focal segmental glomerulosclerosis, Fragile X, Guillain-Barre syndrome, hepatitis B and C, hereditary angioedema, hydrocephalus, immunomonitoring of intestinal transplants, inflammatory bowel diseases, influenza, integrative medicine, interstitial cystitis, malaria, metals toxicology, mitochondrial disease, musculoskeletal disorders, nanomaterials for bone regeneration, non-opioid pain management, pancreatitis, pathogen-inactivated dried cryoprecipitate, polycystic kidney disease, post-traumatic osteoarthritis, pulmonary fibrosis, respiratory health, Rett syndrome, rheumatoid arthritis, scleroderma, sleep disorders, spinal muscular atrophy, sustained-release drug delivery, tinnitus, tuberculosis, vaccine development for infectious disease, vascular malformations, and women's heart disease. The additional funding provided under the peer-reviewed medical research program shall be devoted only to the purposes listed above. ELECTRONIC HEALTH RECORD SYSTEM Concerns remain with the progress being made by the Departments of Defense and Veterans Affairs to fully develop, procure, and deploy an interoperable electronic health record solution. The two systems must be completely and meaningfully interoperable, and the Under Secretary of Defense (Acquisition, Technology, and Logistics) is encouraged to focus on the overall goal of seamless compatibility between the two Departments' electronic health record systems. For the necessary oversight of this important program, the Program Executive Officer (PEO) for the Defense Healthcare Management Systems (DHMS) is directed to provide quarterly reports to the congressional defense committees and the Government Accountability Office on the cost and schedule of the program, to include milestones, knowledge points, and acquisition timelines, as well as quarterly obligation reports. These reports should also include any changes to the deployment timeline, including benchmarks, for full operating capability; any refinements to the cost estimate for full operating capability and the total lifecycle cost of the program; an assurance that the acquisition strategy will comply with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the federal government; the status of the effort to achieve interoperability between the electronic health record systems of the Departments of Defense and Veterans Affairs, including the scope, cost, schedule, mapping to health data standards, and performance benchmarks of the interoperable record; and the progress toward developing, implementing, and fielding the interoperable electronic health record throughout the two Departments' medical facilities. The PEO DHMS is directed to continue briefing the House and Senate Appropriations Committees on a quarterly basis, coinciding with the report submission. Given that full deployment of the new electronic health record is not scheduled until fiscal year 2022, the Department of Defense is expected to continue working on interim modifications and enhancements to the current system to improve interoperability in the near-term. Additionally, the PEO DHMS is directed to provide written notification to the House and Senate Appropriations Committees prior to obligating any contract, or combination of contracts, for electronic health record systems in excess of $5,000,000. Additionally, the Director of the Interagency Program Office is directed to continue to provide quarterly briefings on standards development, how those standards are being incorporated by the two Departments, and the progress of interoperability to the House and Senate Appropriations Subcommittees for Defense and Military Construction, Veterans Affairs, and Related Agencies. In an effort to ensure government-wide accountability, the PEO DHMS, in coordination with the appropriate personnel of the Department of Veterans Affairs, is directed to provide the Federal Chief Information Officer of the United States with monthly updates on progress made by the two Departments to reach interoperability and modernize their respective electronic health records. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ OPERATION AND MAINTENANCE......... 147,282 119,985 Recovered chemical warfare ................. -10,997 materiel project excess to need......................... Recovered chemical warfare ................. -16,300 materiel project Panama operations ahead of need..... PROCUREMENT....................... 15,132 15,132 RESEARCH, DEVELOPMENT, TEST AND 388,609 388,609 EVALUATION....................... ------------------------------------- TOTAL, CHEMICAL AGENTS AND 551,023 523,726 MUNITIONS DESTRUCTION, DEFENSE.................. ------------------------------------------------------------------------ DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3642]] EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ COUNTER-NARCOTICS SUPPORT......... 730,087 626,087 Transfer to National Guard ................. -99,000 counter-drug program......... Transfer to National Guard ................. -5,000 counter-drug schools......... DRUG DEMAND REDUCTION PROGRAM..... 114,713 118,713 Young Marines--drug demand ................. 4,000 reduction.................... NATIONAL GUARD COUNTER-DRUG 0 234,000 PROGRAM.......................... Transfer from counter- ................. 99,000 narcotics support............ Program increase.............. ................. 135,000 NATIONAL GUARD COUNTER-DRUG 0 20,000 SCHOOLS.......................... Transfer from counter- ................. 5,000 narcotics support............ Program increase.............. ................. 15,000 ------------------------------------- TOTAL, DRUG INTERDICTION 844,800 998,800 AND COUNTER-DRUG ACTIVITIES, DEFENSE...... ------------------------------------------------------------------------ JOINT URGENT OPERATIONAL NEEDS FUND The agreement does not recommend funding for the Joint Urgent Operational Needs Fund. OFFICE OF THE INSPECTOR GENERAL The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ OPERATION AND MAINTENANCE......... 318,882 308,882 Overestimation of civilian -10,000 full-time equivalents........ RESEARCH, DEVELOPMENT, TEST AND 3,153 3,153 EVALUATION....................... ------------------------------------- TOTAL, OFFICE OF THE INSPECTOR 322,035 312,035 GENERAL...................... ------------------------------------------------------------------------ OFFICE OF INSPECTOR GENERAL QUARTERLY END STRENGTH REPORTS The Department of Defense Inspector General is directed to provide quarterly reports to the congressional defense committees on civilian personnel end strength not later than 15 days after the end of each fiscal quarter. TITLE VII--RELATED AGENCIES The agreement provides $1,029,596,000 in Title VII, Related Agencies. The agreement on items addressed by either the House or the Senate is as follows: [[Page H3643]] [GRAPHIC] [TIFF OMITTED] TH08MR17.200 [[Page H3644]] CLASSIFIED ANNEX Adjustments to classified programs are addressed in a separate, detailed, and comprehensive classified annex. The Intelligence Community, the Department of Defense, and other organizations are expected to fully comply with the recommendations and directions in the classified annex accompanying the Department of Defense Appropriations Act, 2017. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND The agreement provides $514,000,000 for the Central Intelligence Agency Retirement and Disability Fund. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT The agreement provides $515,596,000, a decrease of $18,000,000 below the budget request, for the Intelligence Community Management Account. TITLE VIII--GENERAL PROVISIONS The agreement incorporates general provisions from the House and Senate versions of the bill which were not amended. Those general provisions that were addressed in the agreement are as follows: The agreement retains a provision proposed by the House which provides general transfer authority not to exceed $4,500,000,000. The Senate bill contained a similar provision. The agreement retains a provision proposed by the House which identifies tables as Explanation of Project Level Adjustments. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which provides for the establishment of a baseline for the application of reprogramming and transfer authorities for the current fiscal year. The Senate bill contained a similar provision. The agreement retains a provision proposed by the Senate which places restrictions on multi-year procurement contracts. The House bill contained a similar provision. The agreement retains a provision proposed by the House regarding management of civilian personnel of the Department of Defense. The Senate bill contained no similar provision. The agreement retains a provision proposed by the Senate which restricts the use of funds to support any nonappropriated funds activity that procures malt beverages and wine. The House bill contained no similar provision. The agreement retains a provision proposed by the Senate which provides for the transfer of funds for Mentor-Protege Programs. The House bill contained a similar provision. The agreement retains a provision proposed by the House regarding limitations on the use of funds to purchase anchor and mooring chains. The Senate bill contained no similar provision. The agreement retains a provision proposed by the Senate which makes funds available to maintain competitive rates at the arsenals. The House bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds to demilitarize or dispose of certain small firearms. The Senate bill contained a similar provision. The agreement retains a provision proposed by the House regarding incentive payments authorized by the Indian Financing Act of 1974. The Senate bill contained a similar provision. The agreement retains a provision proposed by the House which provides funding from various appropriations for the Civil Air Patrol Corporation. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which prohibits funding from being used to establish new Department of Defense Federally Funded Research and Development Centers with certain limitations. The Senate bill contained a similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds to disestablish, close, downgrade from host to extension center, or place a Senior Reserve Officers' Training Corps program on probation. The Senate bill contained no similar provision. The agreement retains a provision proposed by the Senate which makes permanent the authority for the Defense Intelligence Agency to use funds provided in this Act for the provisioning of information systems. The House bill contained a similar provision. The agreement retains a provision proposed by the House regarding mitigation of environmental impacts on Indian lands resulting from Department of Defense activities. The Senate bill contained a similar provision. The agreement retains a provision proposed by the Senate which places restrictions on the use of funds to consolidate or relocate any element of the Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer. The House bill contained no similar provision. (RESCISSIONS) The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of $2,002,622,000. The Senate bill contained a similar provision. The rescissions agreed to are: 2015 Appropriations: Aircraft Procurement, Army: Network and mission plan...................... $15,000,000 Other Procurement, Army: Family of heavy tactical vehicles............. 13,210,000 Army CA/MISO GPF equipment.................... 4,585,000 Information systems........................... 5,250,000 Aircraft Procurement, Navy: P-8A Poseidon................................. 50,000,000 EA-18G........................................ 38,000,000 Weapons Procurement, Navy: Cruiser modernization weapons................. 4,000,000 Tomahawk...................................... 5,000,000 HARM mods..................................... 2,933,000 Procurement of Ammunition, Navy and Marine Corps LRLAP 6 inch long range attack projectile..... 43,600,000 Aircraft Procurement, Air Force: HC-130J....................................... 18,000,000 MC-130J....................................... 12,000,000 MQ-1 mods..................................... 2,000,000 MQ-9 depot activation......................... 25,000,000 Other Procurement, Air Force: Classified programs........................... 25,500,000 2016 Appropriations: Aircraft Procurement, Army: UH-60 Blackhawk M model (MYP)--AP............. 34,594,000 Procurement of Ammunition, Army: Demolition munitions, all types............... 5,000,000 Other Procurement, Army: Joint light tactical vehicle.................. 6,100,000 Generators and associated equipment........... 53,000,000 Information systems........................... 25,000,000 Aircraft Procurement, Navy: F-35 CV....................................... 6,755,000 Weapons Procurement, Navy: Sidewinder.................................... 5,307,000 Procurement of Ammunition, Navy and Marine Corps: 155MM long range land attack projectile....... 2,100,000 Non lethals................................... 3,868,000 81mm, all types............................... 1,000,000 Shipbuilding and Conversion, Navy: DDG-51........................................ 50,000,000 LPD-17........................................ 14,906,000 [[Page H3645]] LX (R) (AP-CY)................................ 236,000,000 Other Procurement, Navy: AQS-20A....................................... 10,810,000 Remote minehunting system..................... 44,247,000 Surface combatant HM&E........................ 1,317,000 Aircraft Procurement, Air Force: F-35--AP...................................... 47,000,000 C-130J--AP.................................... 20,000,000 HC-130J....................................... 12,500,000 KC-46A tanker................................. 197,700,000 KC-135 block 40/45 installs................... 9,000,000 KC-135 post production support................ 1,500,000 MC-130J....................................... 28,500,000 Other production changes...................... 67,000,000 Missile Procurement, Air Force: Classified programs........................... 34,700,000 Space Procurement, Air Force: Evolved expendable launch vehicle............. 100,000,000 Other Procurement, Air Force: Comsec equipment.............................. 10,000,000 Combat training ranges........................ 10,000,000 Night vision goggles.......................... 1,569,000 Classified programs........................... 34,800,000 Procurement, Defense-Wide: Classified programs........................... 2,600,000 Research, Development, Test and Evaluation, Army: Joint light tactical vehicle.................. 5,893,000 Concepts experimentation...................... 2,253,000 Information technology development............ 16,700,000 Manpower, personnel, training advanced 2,500,000 technology................................... Tactical command and control hardware and 6,056,000 software..................................... Research, Development, Test and Evaluation, Navy: Tactical combat training system II............ 9,219,000 Tactical AIM missiles......................... 22,000,000 Research, Development, Test and Evaluation, Air Force: Ground based strategic deterrent.............. 18,000,000 KC-46......................................... 375,300,000 Nuclear weapons modernization................. 27,000,000 Integrated Personnel and Pay System........... 26,000,000 Minuteman squadrons........................... 22,000,000 Tactical AIM missiles......................... 7,600,000 Airborne Warning and Control System........... 9,000,000 Classified programs........................... 47,650,000 Research, Development, Test and Evaluation, Defense-Wide: Defense technology offset..................... 51,500,000 Advanced IT services joint program office..... 10,000,000 Classified programs........................... 3,000,000 The agreement retains a provision proposed by the House which restricts procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin. The Senate bill contained no similar provision. The agreement retains a provision proposed by the Senate which prohibits the use of funds to retire or divest RQ-4 Global Hawk aircraft. The House bill contained no similar provision. The agreement retains a provision proposed by the House placing restrictions on funding for competitively bid space launch services. The Senate bill contained a similar provision. The agreement retains a provision proposed by the House which provides funding to the United Service Organizations and the Red Cross. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the Senate which prohibits funds from being used to modify Fleet Forces Command command and control relationships. The House bill contained no similar provision. The agreement retains a provision proposed by the House which restricts funding for repairs and maintenance of military housing units. The Senate bill contained no similar provision. The agreement modifies a provision proposed by the Senate which directs that up to $1,000,000 from Operation and Maintenance, Navy shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund. The House bill contained no similar provision. The agreement retains a provision proposed by the Senate which places restrictions on the transfer to any nongovernmental entity certain ammunition held by the Department of Defense. The House bill contained a similar provision. The agreement retains a provision proposed by the Senate which prohibits funds from being used to separate the National Intelligence Program from the Department of Defense budget. The House bill contained a similar provision. The agreement modifies a provision proposed by the House which provides a grant to the Fisher House Foundation, Inc. The Senate bill contained no similar provision. The agreement modifies a provision proposed by the House related to funding for the Israeli Cooperative Defense programs. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which reduces funding due to favorable foreign exchange rates. The Senate bill contained no similar provision. The agreement retains a provision proposed by the Senate which provides funds for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities. The House bill contained a similar provision. The agreement retains a provision proposed by the House which prohibits changes to the Army Contracting Command-New Jersey without prior notification. The Senate bill contained no similar provision. (RESCISSION) The agreement modifies a provision proposed by the Senate recommending a rescission and provides for a rescission of $531,000,000 from the Defense Workforce Acquisition Fund. The House bill contained no similar provision. The agreement retains a provision proposed by the Senate which prohibits the use of funds to violate the Child Soldier Prevention Act of 2008. The House bill contained a similar provision. The agreement retains a provision proposed by the Senate which makes funds available to make grants, conclude cooperative agreements, and supplement other Federal funds to support military infrastructure in Guam. The House bill contained no similar provision. The agreement modifies a provision proposed by the House which provides that funds appropriated in this Act may be available for the purpose of making remittances and transfers to the Defense Acquisition Workforce Development Fund. The Senate bill contained a similar provision. The agreement retains a provision proposed by the House related to agreements with the Russian Federation pertaining to United States ballistic missile defense systems. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which provides the Director of National Intelligence with general transfer authority with certain limitations. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which prohibits the transfer of detainees from Naval Station Guantanamo Bay, Cuba except in accordance [[Page H3646]] with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section 1034 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). The Senate bill contained a similar provision. The agreement retains a provision proposed by the House which prohibits funds from being used for the purchase or manufacture of a United States flag unless such flags are treated as covered items under section 2533a(b) of title 10, U.S.C. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House that requires the Secretary of Defense to post grant awards on a public website in a searchable format. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House regarding funding for flight demonstration teams at locations outside the United States. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds by the National Security Agency to target United States persons under authorities granted in the Foreign Intelligence Surveillance Act of 1978. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds to implement the Arms Trade Treaty until the treaty is ratified by the Senate. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which limits the availability of funds authorized for counterterrorism support to foreign partners. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits introducing armed forces into Iraq in contravention of the War Powers Act. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds to retire the A-10 fleet. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which limits the use of funds for the T-AO(X) program. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which reduces Working Capital Funds to reflect excess cash balances. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which reduces the total amount appropriated to reflect lower than anticipated fuel costs. The Senate bill contained a similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds to retire the KC-10 fleet. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the retirement of EC-130H aircraft. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds for gaming or entertainment that involves nude entertainers. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds for Base Realignment and Closure. The Senate bill contained no similar provision. The agreement modifies a provision proposed by the House which grants the Secretary of Defense the authority to use funds for Office of Personnel and Management background investigations. The Senate bill contained a similar provision. The agreement modifies a provision proposed by the House which restricts the use of funds for the Joint Surveillance Target Attack Radar System recapitalization program for pre- milestone B activities after March 31, 2018. The Senate bill contained no similar provision. The agreement modifies a provision proposed by the House which prohibits the use of funds to close or transfer from the jurisdiction of the Department of Defense the United States Naval Station Guantanamo Bay. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which provides authority to use readiness funds for Zika related activities. The Senate bill contained no similar provision. The agreement modifies a provision proposed by the House which restricts the use of funds to maintain or establish a computer network unless it blocks pornography. The Senate bill contained no similar provision. (RESCISSION) The agreement adds a provision which terminates the Ship Modernization, Operations and Sustainment Fund and rescinds unobligated balances. The House and Senate bills contained no similar provisions. The agreement retains a provision proposed by the House which prohibits the use of funds to provide arms, training, or other assistance to the Azov Battalion. The Senate bill contained no similar provision. The agreement adds a provision which provides reprogramming authority for the Global Engagement Center. The House and Senate bills contained no similar provisions. The agreement adds a provision addressing the transfer of funds out of the Defense Acquisition Workforce Development Fund. The House and Senate bills contained no similar provisions. The agreement retains a provision proposed by the Senate which prohibits the use of funds to impede certain investigations conducted by Inspectors General funded under this Act. The House bill contained no similar provision. TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM The agreement provides $61,822,000,000 in Title IX, Overseas Contingency Operations/Global War on Terrorism. REPORTING REQUIREMENTS The agreement includes a number of reporting requirements related to contingency operations and building capacity efforts. The Secretary of Defense is directed to continue to report incremental costs for all named operations in the Central Command Area of Responsibility on a quarterly basis and to submit, also on a quarterly basis, commitment, obligation, and expenditure data for the Afghanistan Security Forces Fund, the Counter- Islamic State of Iraq and the Levant Train and Equip Fund, and for all security cooperation programs funded under the Defense Security Cooperation Agency in the Operation and Maintenance, Defense-Wide account. The agreement eliminates the Cost of War reporting requirement for detailed monthly obligation and expenditure data by appropriation account. This reporting requirement is burdensome for the Department of Defense and the information provided is either duplicative of information available through other means or is unnecessary for effective budget oversight. MILITARY PERSONNEL The agreement on items addressed by either the House or the Senate is as follows: [[Page H3647]] [GRAPHIC] [TIFF OMITTED] TH08MR17.201 [[Page H3648]] [GRAPHIC] [TIFF OMITTED] TH08MR17.202 [[Page H3649]] [GRAPHIC] [TIFF OMITTED] TH08MR17.203 [[Page H3650]] [GRAPHIC] [TIFF OMITTED] TH08MR17.204 [[Page H3651]] OPERATION AND MAINTENANCE The agreement on items addressed by either the House or the Senate is as follows: [[Page H3652]] [GRAPHIC] [TIFF OMITTED] TH08MR17.205 [[Page H3653]] [GRAPHIC] [TIFF OMITTED] TH08MR17.206 [[Page H3654]] [GRAPHIC] [TIFF OMITTED] TH08MR17.207 [[Page H3655]] [GRAPHIC] [TIFF OMITTED] TH08MR17.208 [[Page H3656]] [GRAPHIC] [TIFF OMITTED] TH08MR17.209 [[Page H3657]] [GRAPHIC] [TIFF OMITTED] TH08MR17.210 [[Page H3658]] [GRAPHIC] [TIFF OMITTED] TH08MR17.211 [[Page H3659]] COMMANDERS' EMERGENCY RESPONSE PROGRAM The agreement recommends $5,000,000 for the Commanders' Emergency Response Program (CERP) in Afghanistan for fiscal year 2017. As directed in section 9005 of this Act, not later than 30 days after the end of each fiscal quarter, the Army shall submit commitment, obligation, and expenditure data for the CERP to the congressional defense committees. PROCUREMENT The agreement on items addressed by either the House or the Senate is as follows: [[Page H3660]] [GRAPHIC] [TIFF OMITTED] TH08MR17.212 [[Page H3661]] [GRAPHIC] [TIFF OMITTED] TH08MR17.213 [[Page H3662]] [GRAPHIC] [TIFF OMITTED] TH08MR17.214 [[Page H3663]] [GRAPHIC] [TIFF OMITTED] TH08MR17.215 [[Page H3664]] [GRAPHIC] [TIFF OMITTED] TH08MR17.216 [[Page H3665]] [GRAPHIC] [TIFF OMITTED] TH08MR17.217 [[Page H3666]] [GRAPHIC] [TIFF OMITTED] TH08MR17.218 [[Page H3667]] [GRAPHIC] [TIFF OMITTED] TH08MR17.219 [[Page H3668]] [GRAPHIC] [TIFF OMITTED] TH08MR17.220 [[Page H3669]] national guard and reserve equipment The agreement provides $750,000,000 for National Guard and Reserve Equipment. Of that amount $247,500,000 is designated for the Army National Guard, $247,500,000 for the Air National Guard, $105,000,000 for the Army Reserve, $105,000,000 for the Air Force Reserve, $37,500,000 for the Navy Reserve, and $7,500,000 for the Marine Corps Reserve. This funding will allow the reserve components to procure high priority equipment that may be used for combat and domestic response missions. Current reserve component equipping levels are among the highest in recent history and the funding provided by the agreement will help ensure component interoperability and sustained reserve component modernization. The Secretary of Defense is directed to ensure that the account be executed by the Chiefs of the National Guard and reserve components with priority consideration given to the following items: acoustic hailing devices including hail and warning escalation of force systems, advanced cargo handling systems for CH-47, air broadband for C-12, airborne sense and avoid systems for remotely piloted aircraft, all-digital radar warning receivers, chemical biological protective shelters, combat uniforms and cold weather protective clothing, common access card for remote access virtual private network with pre-tunnel authentication, computer- assisted language learning software, crashworthy ballistically tolerant auxiliary fuel systems, integrated facial protection components for standard issue helmets, large aircraft infrared countermeasures, advanced targeting pods, electromagnetic in-flight propeller balance systems, electro-optical infrared sensors, frequency hopping multiplexers, handheld and manpack and mid-tier networking vehicular radios, handheld explosives and chemical weapons detection capabilities, HMMWV rollover mitigation and control technologies, lightweight wide-area motion imagery systems, modular small arms and self-contained ranges, joint threat emitters, mandible protection, Marine Corps tactical radio digital communications, the mobile user objective system, modular fuel systems, palletized loading systems, multi- temperature refrigerated container systems, near infrared aiming and illumination systems, out of band infrared pointer and illuminator systems, radiac sets, semi-trailers, unstabilized gunnery crew trainer and small arms simulation trainers, and wireless mobile mesh self-healing network systems. RESEARCH, DEVELOPMENT, TEST AND EVALUATION The agreement on items addressed by either the House or the Senate is as follows: [[Page H3670]] [GRAPHIC] [TIFF OMITTED] TH08MR17.221 [[Page H3671]] REVOLVING AND MANAGEMENT FUNDS The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ WORKING CAPITAL FUND, ARMY.................... 46,833 46,833 WORKING CAPITAL FUND, DEFENSE-WIDE............ 93,800 93,800 ------------------------- TOTAL, DEFENSE WORKING CAPITAL FUNDS.......... 140,633 140,633 ------------------------------------------------------------------------ OTHER DEPARTMENT OF DEFENSE PROGRAMS DEFENSE HEALTH PROGRAM The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ IN-HOUSE CARE................................. 95,366 95,366 PRIVATE SECTOR CARE........................... 233,073 233,073 CONSOLIDATED HEALTH SUPPORT................... 3,325 3,325 ------------------------- TOTAL, OPERATION AND MAINTENANCE.......... 331,764 331,764 ------------------------------------------------------------------------ DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE The agreement provides $215,333,000 for Drug Interdiction and Counter-drug Activities, Defense. JOINT IMPROVISED-THREAT DEFEAT FUND The agreement on items addressed by either the House or the Senate is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget request Final bill ------------------------------------------------------------------------ RAPID ACQUISITION AND THREAT RESPONSE......... 345,472 339,472 Prior year carryover...................... ........... -6,000 MISSION ENABLERS.............................. 62,800 0 Transfer to title IX OM, DW............... ........... -62,800 ------------------------- TOTAL, JOINT IMPROVISED-THREAT FUND....... 408,272 339,472 ------------------------------------------------------------------------ joint improvised-threat defeat fund The fiscal year 2017 budget request includes $408,272,000 in Overseas Contingency Operations funding for the Joint Improvised-Threat Defeat Fund. To preserve the essential joint capabilities of the Joint Improvised-Threat Defeat Organization (JIDO) and eliminate any duplication with Service capabilities, the agreement recommends transferring $62,800,000 to the Operation and Maintenance, Defense-Wide account in title IX. The budget request proposed consolidating the sub-accounts under the appropriation into a single account titled Rapid Acquisition and Threat Response. This flexibility would allow for quick reaction changes in spending; however, it would prevent the congressional defense committees from having any insight into why or when these funding changes occur. Therefore, the agreement provides the following funding levels for JIDO programs: $101,286,000 for Rapid Capability Delivery; $200,886,000 for Assist Situational Understanding; and $37,300,000 for Enable Department of Defense Responsiveness. The Director of the JIDO is directed to provide quarterly reports to the congressional defense committees should funding be shifted between the accounts not later than 15 days after the end of the fiscal quarter. OFFICE OF THE INSPECTOR GENERAL The agreement provides $22,062,000 for the Office of the Inspector General. GENERAL PROVISIONS--THIS TITLE The agreement for title IX incorporates general provisions from the House and Senate versions of the bill which were not amended. Those general provisions that were addressed in the agreement are as follows: The agreement retains a provision proposed by the Senate which provides for special transfer authority within title IX. The House bill contained a similar provision. The agreement retains a provision proposed by the Senate which provides funds for logistical support to allied forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and the Levant. The House bill contained a similar provision. The agreement retains a provision proposed by the House which provides funds for the Office of Security Cooperation in Iraq. The Senate bill contained no similar provision. The agreement modifies a provision proposed by the House which provides security assistance to the Government of Jordan. The Senate bill contained no similar provision. The agreement modifies a provision proposed by the House which prohibits the use of the Counter-ISIL Train and Equip Fund to procure or transfer man-portable air defense systems. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which provides assistance and sustainment to the military and national security forces of Ukraine. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House related to the replacement of funds for items provided to the Government of Ukraine. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which prohibits the use of assistance and sustainment to the military and national security forces of Ukraine to procure or transfer man-portable air defense systems. The Senate bill contained no similar provision. The agreement retains a provision proposed by the House which provides funds to the Department of Defense to improve intelligence, surveillance, and reconnaissance capabilities. The Senate bill contained no similar provision. The agreement retains a provision proposed by the Senate which prohibits the use of funds to transfer additional C-130 aircraft to Afghanistan until the Department of Defense conducts a review of the country's medium airlift requirements. The House bill contained no similar provision. (rescissions) The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of $819,000,000. The Senate bill contained a similar provision. The rescissions agreed to are: 2016 Appropriations: Operation and Maintenance, Defense-Wide: DSCA Coalition Support Fund................... $300,000,000 Counterterrorism Partnership Fund: Counterterrorism Partnership Fund............. 200,000,000 Afghanistan Security Forces Fund: Afghanistan Security Forces Fund.............. 150,000,000 Other Procurement, Air Force: Classified adjustment......................... 169,000,000 (rescission) The agreement modifies a provision proposed by the Senate recommending rescissions and provides for the rescission of $11,524,000. The House bill contained no similar provision. The rescission agreed to is: 2011/XXXX Appropriation: Operation and Maintenance, Defense-Wide: DSCA Coalition Support Fund................... $11,524,000 The agreement adds a provision which terminates the Mine Resistant Ambush Protected Vehicle Fund. The House and Senate bills contained no similar provisions. TITLE X ADDITIONAL APPROPRIATIONS The agreement provides $14,752,267,000 in Title X, Additional Appropriations. The additional appropriations provided in this title are intended to invest in items and programs to improve the training and equipment of the military Services in order to rebuild both near-term and long-term readiness, directly support overseas contingency operations, fulfill urgent or emergent operational needs of the combatant commanders, replace operational losses of equipment, and address other unforeseen requirements. MILITARY PERSONNEL The agreement provides an additional appropriation of $131,375,000 for Military Personnel. The amount provided for each military personnel account is as follows: [[Page H3672]] [GRAPHIC] [TIFF OMITTED] TH01MY17.605 [[Page H3673]] OPERATION AND MAINTENANCE Operation and Maintenance The agreement provides an additional appropriation of $7,697,433,000 for Operation and Maintenance. The amount provided for each operation and maintenance account is as follows: [[Page H3674]] [GRAPHIC] [TIFF OMITTED] TH01MY17.606 [[Page H3675]] [GRAPHIC] [TIFF OMITTED] TH01MY17.607 [[Page H3676]] [GRAPHIC] [TIFF OMITTED] TH01MY17.608 [[Page H3677]] [GRAPHIC] [TIFF OMITTED] TH01MY17.609 [[Page H3678]] Counter-ISIL Train and Equip Fund The agreement provides an additional appropriation of $626,400,000 for the Counter-ISIL Train and Equip Fund. Amounts made available in this title for the Fund may not be obligated or expended until 15 days after the President submits a report on the United States strategy for the defeat of the Islamic State of Iraq and al Sham in accordance with section 10005 of this Act. Counter-ISIL Overseas Contingency Operations Transfer Fund The agreement provides an appropriation of $1,610,000,000 for the Counter-ISIL Overseas Contingency Operations Transfer Fund. The Secretary may transfer amounts provided in this Fund for expenses directly relating to overseas contingency operations by United States military forces to the military personnel, operation and maintenance, procurement, and working capital fund accounts. All transfers from the fund are subject to 15 day prior notification to the congressional defense committees. In addition, the first transfer from the Fund shall not be made until 15 days after the President submits a report on the United States strategy for the defeat of the Islamic State of Iraq and al Sham in accordance with section 10005 of this Act. PROCUREMENT The agreement provides an additional appropriation of $5,520,220,000 for Procurement. The amount provided for each procurement account is as follows: [[Page H3679]] [GRAPHIC] [TIFF OMITTED] TH01MY17.610 [[Page H3680]] [GRAPHIC] [TIFF OMITTED] TH01MY17.611 [[Page H3681]] [GRAPHIC] [TIFF OMITTED] TH01MY17.612 [[Page H3682]] [GRAPHIC] [TIFF OMITTED] TH01MY17.613 [[Page H3683]] [GRAPHIC] [TIFF OMITTED] TH01MY17.614 [[Page H3684]] [GRAPHIC] [TIFF OMITTED] TH01MY17.615 [[Page H3685]] RESEARCH, DEVELOPMENT, TEST AND EVALUATION The agreement provides an additional appropriation of $990,558,000 for Research, Development, Test and Evaluation. The amount provided for each research, development, test and evaluation account is as follows: [[Page H3686]] [GRAPHIC] [TIFF OMITTED] TH01MY17.616 [[Page H3687]] [GRAPHIC] [TIFF OMITTED] TH01MY17.617 [[Page H3688]] REVOLVING AND MANAGEMENT FUNDS Defense Working Capital Funds The agreement provides an additional appropriation of $285,681,000 for the Defense Working Capital Funds accounts. The amount provided for each account is as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Recommended ------------------------------------------------------------------------ WORKING CAPITAL FUND, ARMY........................... 1,681 WORKING CAPITAL FUND, DEFENSE-WIDE................... 284,000 ------------------ TOTAL, DEFENSE WORKING CAPITAL FUNDS............. 285,681 ------------------------------------------------------------------------ OTHER DEPARTMENT OF DEFENSE PROGRAMS Chemical Agents and Munitions Destruction, Defense The agreement provides an additional appropriation of $127,000,000 for Chemical Agents and Munitions Destruction, Defense, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Recommended ------------------------------------------------------------------------ RESEARCH, DEVELOPMENT, TEST AND EVALUATION........... 127,000 ------------------ TOTAL, CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 127,000 DEFENSE......................................... ------------------------------------------------------------------------ GENERAL PROVISIONS The agreement includes a provision which provides that funds provided in this title are in addition to amounts made available elsewhere in this Act. Funds made available in this title are subject to the terms and conditions set forth in titles VIII and IX of such Act except as explicitly provided for otherwise. The agreement includes a provision which provides special transfer authority within this title. The agreement includes a provision which provides that funds made available in this title for intelligence or intelligence-related activities are available for expenditure. The agreement includes a provision which makes available additional funds for reimbursement of expenses related to the National Defense Reserve Fleet. The agreement includes language which makes the obligation or expenditure of $2,476,200,000 provided in this title subject to the submission of a report on the United States strategy for the defeat of the Islamic State of Iraq and al Sham. The agreement includes language which requires the submission of a report describing a strategy for Syria not later than 90 days after the enactment of this Act. [[Page H3689]] [GRAPHIC] [TIFF OMITTED] TH01MY17.618 [[Page H3690]] [GRAPHIC] [TIFF OMITTED] TH01MY17.619 [[Page H3691]] [GRAPHIC] [TIFF OMITTED] TH01MY17.620 [[Page H3692]] [GRAPHIC] [TIFF OMITTED] TH01MY17.621 [[Page H3693]] [GRAPHIC] [TIFF OMITTED] TH01MY17.622 [[Page H3694]] [GRAPHIC] [TIFF OMITTED] TH01MY17.623 [[Page H3695]] [GRAPHIC] [TIFF OMITTED] TH01MY17.624 [[Page H3696]] [GRAPHIC] [TIFF OMITTED] TH01MY17.625 [[Page H3697]] [GRAPHIC] [TIFF OMITTED] TH01MY17.626 [[Page H3698]] [GRAPHIC] [TIFF OMITTED] TH01MY17.627 [[Page H3699]] [GRAPHIC] [TIFF OMITTED] TH01MY17.628 [[Page H3700]] [GRAPHIC] [TIFF OMITTED] TH01MY17.629 [[Page H3701]] [GRAPHIC] [TIFF OMITTED] TH01MY17.630 [[Page H3702]] [GRAPHIC] [TIFF OMITTED] TH01MY17.631 [[Page H3703]] [GRAPHIC] [TIFF OMITTED] TH01MY17.632 [[Page H3704]] DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 The following statement to the House of Representatives and the Senate is submitted in explanation of the agreed upon Act making appropriations for energy and water development for the fiscal year ending September 30, 2017, and for other purposes. This explanatory statement, while repeating some report language for emphasis, does not intend to negate the language and allocations set forth in House Report 114-532 and Senate Report 114-236 and that direction shall be complied with unless specifically addressed to the contrary in the accompanying bill or explanatory statement. Additionally, where this explanatory statement states that the ``agreement only includes'' or ``the following is the only'' direction, any direction included in the House or Senate report on that matter shall be considered as replaced with the direction provided within this explanatory statement. In cases where the House or the Senate has directed the submission of a report, such report is to be submitted to the Committees on Appropriations of both Houses of Congress. House or Senate reporting requirements with deadlines prior to or within 15 days of the enactment of this Act shall be submitted no later than 60 days after the enactment of this Act. All other reporting deadlines not changed by this explanatory statement are to be met. Funds for the individual programs and activities within the accounts in this Act are displayed in the detailed table at the end of the explanatory statement for this Act. Funding levels that are not displayed in the detailed table are identified in this explanatory statement. In fiscal year 2017, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99- 177), the following information provides the definition of the term ``program, project, or activity'' for departments and agencies under the jurisdiction of the Energy and Water Development Appropriations Act. The term ``program, project, or activity'' shall include the most specific level of budget items identified in the Energy and Water Development Appropriations Act, 2017 and the explanatory statement accompanying the Act. National Ocean Policy.--No specific funding was provided in fiscal year 2016 and none was requested by any agencies funded in this Act in fiscal year 2017 to implement the National Ocean Policy. Consequently, no specific funds for National Ocean Policy activities are included for any agency funded in this Act. TITLE I--CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil The summary tables included in this title set forth the dispositions with respect to the individual appropriations, projects, and activities of the Corps of Engineers. Additional items of the Act are discussed below. Recent statutory changes regarding the Inland Waterways Trust Fund (IWTF) have resulted in an increase to the size of the capital improvement program that can be supported by the IWTF. The agreement reflects congressional interest in supporting this larger program. The Corps is directed to take the preparatory steps necessary to ensure that new construction projects can be initiated as soon as can be supported under the larger capital program (i.e., as ongoing projects approach completion). Concerns persist that the effort to update the Water Resources Principles and Guidelines did not proceed consistent with the language or intent of section 2031 of the Water Resources Development Act of 2007. No funds provided to the Corps of Engineers shall be used to develop or implement rules or guidance to support implementation of the final Principles and Requirements for Federal Investments in Water Resources released in March 2013 or the final Interagency Guidelines released in December 2014. The Corps shall continue to use the document dated March 10, 1983, and entitled ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies'' during the fiscal year period covered by the Energy and Water Development Appropriations Act for 2017. Asian Carp.--In lieu of House direction on Asian Carp and Senate direction on Aquatic Nuisance Species, the Corps is expected to release the draft Great Lakes and Mississippi River Interbasin Study (GLMRIS) Brandon Road Study consistent with the urgency of its previous actions. The Corps is directed to adhere to a public and agency review process that is open and transparent. Further, the Corps is directed to provide quarterly updates to the Committees on Appropriations of both Houses of Congress on the progress and status of efforts to prevent the further spread of the carp as well as the location and density of Asian Carp populations, including the use of emergency procedures. Aquaculture Activities.--The agreement only includes direction on aquaculture activities in the Regulatory account. Additional Funding The fiscal year 2017 budget request significantly underfunds the Civil Works program of the Corps of Engineers. The agreement, however, includes funding in addition to the budget request to ensure continued improvements to our national economy, public safety, and environmental health that result from water resources projects. This funding is for additional work that either was not included in the budget request or was inadequately budgeted. The bill contains a provision requiring the Corps to allocate funds in accordance with only the direction in this agreement. In lieu of all House and Senate report direction regarding additional funding and new starts, the Corps shall follow the direction included in this explanatory statement. The Corps again is directed to develop rating systems for use in evaluating studies and projects for allocation of the additional funding provided in this title. These evaluation systems may be, but are not required to be, individualized for each account, category, or subcategory. Each study and project eligible for funding shall be evaluated under the applicable ratings system. A study or project may not be excluded from evaluation for being ``inconsistent with Administration policy.'' The Corps retains complete control over the methodology of these ratings systems. The executive branch retains complete discretion over project-specific allocation decisions within the additional funds provided, subject to only the direction here and under the heading ``Additional Funding'' or ``Additional Funding for Ongoing Work'' within each of the Investigations, Construction, Mississippi River and Tributaries, and Operation and Maintenance accounts. The Administration is reminded that these funds are in addition to the budget request, and Administration budget metrics shall not be a reason to disqualify a study or project from being funded. It is expected that all of the additional funding provided will be allocated to specific programs, projects, or activities. The focus of the allocation process shall favor the obligation, rather than expenditure, of funds. With the significant backlog of work in the Corps' inventory, there is no reason for funds provided above the budget request to remain unallocated. A project or study shall be eligible for additional funding within the Investigations, Construction, and Mississippi River and Tributaries accounts if: (1) it has received funding, other than through a reprogramming, in at least one of the previous three fiscal years; (2) it was previously funded and could reach a significant milestone, complete a discrete element of work, or produce significant outputs in fiscal year 2017; or (3) as appropriate, it is selected as one of the new starts allowed in accordance with this Act and the additional direction provided below. None of the additional funding in any account may be used for any item where funding was specifically denied or for projects in the Continuing Authorities Program. Funds shall be allocated consistent with statutory cost share requirements. Funding associated with each category may be allocated to any eligible study or project, as appropriate, within that category; funding associated with each subcategory may be allocated only to eligible studies or projects, as appropriate, within that subcategory. The list of subcategories is not meant to be exhaustive. Work Plan.--Not later than 45 days after the enactment of this Act, the Corps shall provide to the Committees on Appropriations of both Houses of Congress a work plan including the following information: (1) a detailed description of the ratings system(s) developed and used to evaluate studies and projects; (2) delineation of how these funds are to be allocated; (3) a summary of the work to be accomplished with each allocation, including phase of work; and (4) a list of all studies and projects that were considered eligible for funding but did not receive funding, including an explanation of whether the study or project could have used funds in fiscal year 2017 and the specific reasons each study or project was considered as being less competitive for an allocation of funds. New Starts.--The agreement includes up to six new study starts and six new construction starts to be distributed across the three main mission areas of the Corps. Of the new study starts, one shall be for a navigation study, one shall be for a flood and storm damage reduction study, three shall be for additional navigation or flood and storm damage reduction studies, and one shall be for an environmental restoration study. Of the new construction starts, one shall be for a navigation project, one shall be for a flood and storm damage reduction project, three shall be for additional navigation or flood and storm damage reduction projects, and one shall be for an environmental restoration project. No funding shall be used to initiate new studies, programs, projects, or activities in the Mississippi River and Tributaries or Operation and Maintenance accounts. The Corps is directed to propose a single group of new starts as a part of the work plan. The Corps may not change or substitute the new starts selected once the work plan has been provided to the Committees on Appropriations of both Houses of Congress. Each new start shall be funded from the appropriate additional funding line item. Any project for which the new start requirements are not met by the end of fiscal year 2017 shall be treated as if the project had not been selected as a new start; such a project shall be required to compete again for new start funding in future years. Consideration of studies and projects for selection as new starts shall not be limited to only those proposed in the fiscal year 2017 budget request. As all new starts are to be chosen by the Corps, all shall be considered of equal importance, and the expectation is that future [[Page H3705]] budget submissions will include appropriate funding for all new starts selected. There continues to be confusion regarding the executive branch's policies and guidelines regarding which studies and projects require new start designations. Therefore, the Corps is directed to notify the Committees on Appropriations of both Houses of Congress at least 7 days prior to execution of an agreement for construction of any project except environmental infrastructure projects and projects under the Continuing Authorities Program. Additionally, the agreement reiterates and clarifies previous congressional direction as follows. Neither study nor construction activities related to individual projects authorized under section 1037 of the Water Resources Reform and Development Act (WRRDA) of 2014 shall require a new start or new investment decision; these activities shall be considered ongoing work. No new start or new investment decision shall be required when moving from feasibility to preconstruction engineering and design (PED). A new start designation shall be required to initiate construction of individually-authorized projects funded within programmatic line items. No new start or new investment decision shall be required to initiate work on a separable element of a project when construction of one or more separable elements of that project was initiated previously; it shall be considered ongoing work. A new construction start shall not be required for work undertaken to correct a design deficiency on an existing federal project; it shall be considered ongoing work. In addition to the priority factors used to allocate all additional funding provided in the Investigations account, the Corps should give careful consideration to the out-year budget impacts of the studies selected and to whether there appears to be an identifiable local sponsor that will be ready and able to provide, in a timely manner, the necessary cost share for the feasibility and PED phases. The Corps is reminded that the flood and storm damage reduction mission area can include instances where non-federal sponsors are seeking assistance with flood control and unauthorized discharges from permitted wastewater treatment facilities. In addition to the priority factors used to allocate all additional funding provided in the Construction account, the Corps also shall consider the out-year budget impacts of the selected new starts; legal requirements, including responsibilities to Tribes; and the cost sharing sponsor's ability and willingness to promptly provide the cash contribution (if any), as well as required lands, easements, rights-of-way, relocations, and disposal areas. When considering new construction starts, only those that can execute a project cost sharing agreement not later than September 30, 2017, shall be chosen. To ensure that the new construction starts are affordable and will not unduly delay completion of any ongoing projects, the Secretary is required to submit to the Committees on Appropriations of both Houses of Congress a realistic out- year budget scenario prior to issuing a work allowance for a new start. It is understood that specific budget decisions are made on an annual basis and that this scenario is neither a request for nor a guarantee of future funding for any project. Nonetheless, this scenario shall include an estimate of annual funding for each new start utilizing a realistic funding scenario through completion of the project, as well as the specific impacts of that estimated funding on the ability of the Corps to make continued progress on each previously funded construction project (including impacts to the optimum timeline and funding requirements of the ongoing projects) and on the ability to consider initiating new projects in the future. The scenario shall assume a Construction account funding level at the average of the past three budget requests. Investigations The agreement includes $121,000,000 for Investigations. The agreement includes legislative language regarding parameters for new study starts. The allocation for projects and activities within the Investigations account is shown in the following table: [[Page H3706]] [GRAPHIC] [TIFF OMITTED] TH01MY17.292 [[Page H3707]] [GRAPHIC] [TIFF OMITTED] TH01MY17.293 [[Page H3708]] [GRAPHIC] [TIFF OMITTED] TH01MY17.294 [[Page H3709]] [GRAPHIC] [TIFF OMITTED] TH01MY17.295 [[Page H3710]] [GRAPHIC] [TIFF OMITTED] TH01MY17.296 [[Page H3711]] [GRAPHIC] [TIFF OMITTED] TH01MY17.297 [[Page H3712]] Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2017. Additional Funding.--The Corps is expected to allocate the additional funding provided in this account primarily to specific feasibility and PED phases, rather than to Remaining Items line items as has been the case in past work plans. The activities funded under Remaining Items address core agency competencies, which means the budget request should reflect sufficient funding. When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing studies or to initiating new studies that will enhance the nation's economic development, job growth, and international competitiveness; are for projects located in areas that have suffered recent natural disasters; or are for projects to address legal requirements. While the additional funding is shown in the feasibility column, the Corps shall use these funds for additional work in both the feasibility and PED phases. The agreement includes sufficient additional funding to undertake a significant amount of feasibility and PED work. The Administration is reminded that a project study is not complete until the PED phase is complete. Hydraulic Modeling.--The agreement does not include direction included in the Senate report. Water Resources Priorities Study.--No funding shall be used for this study. Research and Development, Additional Topic--Urban Flood Damage Reduction and Stream Restoration in Arid Regions.--The agreement supports but includes no specific level of funding for activities included in the Senate report. Disposition of Completed Projects.--The agreement includes funding only for reviews included in the budget request. National Flood Risk Management Program.--The agreement does not include direction included in the House report. Flood Control and Wastewater Treatment Facilities.--The agreement includes direction included in the House report with the further direction that the list be developed using readily available information. Puget Sound.--The Corps is encouraged to proceed with the tiered implementation strategy using all existing authorities as outlined in the Puget Sound Nearshore Ecosystem Restoration Project Feasibility Study, Completion Strategy Guidance dated June 2015. The Corps is directed to recognize the Puget Sound Nearshore Study as the feasibility component for the purposes of section 544 of the Water Resources Development Act of 2000. Missouri River Projects.--None of the funds made available by this Act may be used for the study of the Missouri River Projects authorized in section 108 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (Public Law 111-8). Coastal Resiliency Projects.--The agreement only includes language in the Construction account under the heading ``Continuing Authorities Program''. Construction The agreement includes $1,876,000,000 for Construction. The agreement includes legislative language regarding parameters for new construction starts. The allocation for projects and activities within the Construction account is shown in the following table: [[Page H3713]] [GRAPHIC] [TIFF OMITTED] TH01MY17.298 [[Page H3714]] [GRAPHIC] [TIFF OMITTED] TH01MY17.299 [[Page H3715]] [GRAPHIC] [TIFF OMITTED] TH01MY17.300 [[Page H3716]] Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2017. Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois.--The budget request includes funding for this project in the Operation and Maintenance account. During the period of the continuing resolution, however, the Corps informed the Committees on Appropriations of both Houses of Congress that the budget request is required in the Construction account. The agreement accommodates this shift in funding. Additional Funding.--The agreement includes additional funds for projects and activities to enhance the nation's economic growth and international competitiveness. Of the additional funds provided in this account, the Corps shall allocate not less than $12,450,000 to projects with riverfront development components. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $14,000,000 to additional nonstructural flood control projects. Of the additional funds provided in this account for flood and storm damage reduction, navigation, and other authorized project purposes, the Corps shall allocate not less than $10,000,000 to authorized reimbursements for projects with executed project cooperation agreements and that have completed construction or where non-federal sponsors intend to use the funds for additional water resources development activities. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $10,500,000 to continue construction of projects that principally include improvements to rainfall drainage systems that address flood damages. When allocating the additional funding provided in this account, the Corps is encouraged to evaluate authorized reimbursements in the same manner as if the projects were being evaluated for new or ongoing construction and shall consider giving priority to the following: 1. benefits of the funded work to the national economy; 2. extent to which the work will enhance national, regional, or local economic development; 3. number of jobs created directly by the funded activity; 4. ability to obligate the funds allocated within the calendar year, including consideration of the ability of the non-federal sponsor to provide any required cost share; 5. ability to complete the project, separable element, or project phase with the funds allocated; 6. for flood and storm damage reduction projects (including authorized nonstructural measures and periodic beach renourishments), a. population, economic activity, or public infrastructure at risk, as appropriate; and b. the severity of risk of flooding or the frequency with which an area has experienced flooding; 7. for shore protection projects, projects in areas that have suffered severe beach erosion requiring additional sand placement outside of the normal beach renourishment cycle or in which the normal beach renourishment cycle has been delayed; 8. for navigation projects, the number of jobs or level of economic activity to be supported by completion of the project, separable element, or project phase; 9. for projects cost shared with the Inland Waterways Trust Fund (IWTF), the economic impact on the local, regional, and national economy if the project is not funded, as well as discrete elements of work that can be completed within the funding provided in this line item; 10. for other authorized project purposes and environmental restoration or compliance projects, to include the beneficial use of dredged material; and 11. for environmental infrastructure, projects with the greater economic impact, projects in rural communities, projects in communities with significant shoreline and instances of runoff, projects in or that benefit counties or parishes with high poverty rates, and projects in financially distressed municipalities. The agreement provides funds making use of all estimated annual revenues in the IWTF. The Corps shall allocate all funds provided in the IWTF Revenues line item along with the statutory cost share from funds provided in the Navigation line item prior to allocating the remainder of funds in the Navigation line item. The Corps has indicated that several construction contract options are set to expire in the very near future. If the decision is made by the Administration to fund any of those projects in the work plan, but the funding is not made available in time to exercise the existing options, costs could escalate unnecessarily. Therefore, notwithstanding the work plan deadline established in the title I front matter, the Corps shall allocate the additional funding provided for construction of IWTF projects, and notify the Committees on Appropriations of both Houses of Congress of such allocations, not later than 10 days after the enactment of this Act. Aquatic Plant Control Program.--Of the funding provided for the Aquatic Plant Control Program, $4,000,000 shall be for nationwide research and development to address invasive aquatic plants; within this funding, the Corps is encouraged to support cost shared aquatic plant management programs. Of the funding provided for the Aquatic Plant Control Program, $5,000,000 shall be for watercraft inspection stations, as authorized by section 1039 of the Water Resources Reform and Development Act of 2014, and related monitoring. Continuing Authorities Program (CAP).--The agreement continues to support all sections of the Continuing Authorities Program. Funding is provided for eight CAP sections at a total of $34,500,000, an increase of $31,000,000 above the budget request, which proposed funding for only four sections. This program provides a useful tool for the Corps to undertake small localized projects without the lengthy study and authorization process typical of larger Corps projects. Within the Continuing Authorities Program and to the extent already authorized by law, the Corps is encouraged to consider projects that enhance coastal and ocean ecosystem resiliency. The management of the Continuing Authorities Program should continue consistent with direction provided in previous fiscal years. Public-Private Partnerships.--The agreement only includes direction in the Expenses account. Reimbursements.--The agreement only includes direction under the heading ``Additional Funding'' in this account. Environmental Infrastructure.--The agreement does not include direction included in the Senate report. Efficiency Review.--The agreement only includes direction in the Expenses account. MISSISSIPPI RIVER AND TRIBUTARIES The agreement includes $362,000,000 for Mississippi River and Tributaries. The allocation for projects and activities within the Mississippi River and Tributaries account is shown in the following table: [[Page H3717]] [GRAPHIC] [TIFF OMITTED] TH01MY17.301 [[Page H3718]] [GRAPHIC] [TIFF OMITTED] TH01MY17.302 [[Page H3719]] Additional Funding for Ongoing Work.--When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing work that will enhance the nation's economic development, job growth, and international competitiveness, or are for studies or projects located in areas that have suffered recent natural disasters. While this funding is shown under remaining items, the Corps shall use these funds in investigations, construction, and operation and maintenance, as applicable. Of the additional funds provided in this account for flood control, the Corps shall allocate not less than $24,300,000 for additional flood control construction projects. Of the additional funds provided in this account for other authorized project purposes, the Corps shall allocate not less than $2,378,000 for operation and maintenance of facilities that are educational or to continue land management of mitigation features. Mississippi River Commission.--No funding is provided for this new line item. The Corps is directed to continue funding the costs of the commission from within the funds provided for activities within the Mississippi River and Tributaries project. OPERATION AND MAINTENANCE The agreement includes $3,149,000,000 for Operation and Maintenance. The allocation for projects and activities within the Operation and Maintenance account is shown in the following table: [[Page H3720]] [GRAPHIC] [TIFF OMITTED] TH01MY17.303 [[Page H3721]] [GRAPHIC] [TIFF OMITTED] TH01MY17.304 [[Page H3722]] [GRAPHIC] [TIFF OMITTED] TH01MY17.305 [[Page H3723]] [GRAPHIC] [TIFF OMITTED] TH01MY17.306 [[Page H3724]] [GRAPHIC] [TIFF OMITTED] TH01MY17.307 [[Page H3725]] [GRAPHIC] [TIFF OMITTED] TH01MY17.308 [[Page H3726]] [GRAPHIC] [TIFF OMITTED] TH01MY17.309 [[Page H3727]] [GRAPHIC] [TIFF OMITTED] TH01MY17.310 [[Page H3728]] [GRAPHIC] [TIFF OMITTED] TH01MY17.311 [[Page H3729]] [GRAPHIC] [TIFF OMITTED] TH01MY17.312 [[Page H3730]] [GRAPHIC] [TIFF OMITTED] TH01MY17.313 [[Page H3731]] [GRAPHIC] [TIFF OMITTED] TH01MY17.314 [[Page H3732]] [GRAPHIC] [TIFF OMITTED] TH01MY17.315 [[Page H3733]] [GRAPHIC] [TIFF OMITTED] TH01MY17.316 [[Page H3734]] [GRAPHIC] [TIFF OMITTED] TH01MY17.317 [[Page H3735]] [GRAPHIC] [TIFF OMITTED] TH01MY17.318 [[Page H3736]] [GRAPHIC] [TIFF OMITTED] TH01MY17.319 [[Page H3737]] [GRAPHIC] [TIFF OMITTED] TH01MY17.320 [[Page H3738]] [GRAPHIC] [TIFF OMITTED] TH01MY17.321 [[Page H3739]] [GRAPHIC] [TIFF OMITTED] TH01MY17.322 [[Page H3740]] [GRAPHIC] [TIFF OMITTED] TH01MY17.323 [[Page H3741]] Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2017. Additional Funding for Ongoing Work.--When allocating the additional funding provided in this account, the Corps shall consider giving priority to the following: 1. ability to complete ongoing work maintaining authorized depths and widths of harbors and shipping channels, including where contaminated sediments are present; 2. ability to address critical maintenance backlog; 3. presence of the U.S. Coast Guard; 4. extent to which the work will enhance national, regional, or local economic development, including domestic manufacturing capacity; 5. extent to which the work will promote job growth or international competitiveness; 6. number of jobs created directly by the funded activity; 7. ability to obligate the funds allocated within the calendar year; 8. ability to complete the project, separable element, project phase, or useful increment of work within the funds allocated; 9. risk of imminent failure or closure of the facility; 10. for harbor maintenance activities, a. total tonnage handled; b. total exports; c. total imports; d. dollar value of cargo handled; e. energy infrastructure and national security needs served; f. designation as strategic seaports; g. lack of alternative means of freight movement; and h. savings over alternative means of freight movement; and 11. for other authorized project purposes, authorized activities related to flood and drought monitoring. The additional funding provided in this account for donor and energy transfer ports shall be allocated in accordance with 33 U.S.C. 2238c. Facility Protection.--The agreement includes direction included in the House report. Monitoring of Completed Navigation Projects.--Of the funding provided, $3,700,000 shall be for continued development and field-testing of platforms to enable scalable, cost effective structural health monitoring of critical civil infrastructure and not less than $2,000,000 shall be for research described in the Senate report under the heading ``Operations and Maintenance--Fisheries.'' Water Operations Technical Support.--Funding in addition to the budget request is included for research into atmospheric rivers first funded in fiscal year 2015. Great Lakes Navigation System.--The agreement includes funding for individual projects within this System that exceeds the funding level envisioned in section 210(d)(1)(B)(ii) of the Water Resources Development Act of 1986. REGULATORY PROGRAM The agreement includes $200,000,000 for the Regulatory Program. Aquaculture Activities.--Since 2007, shellfish growers in the State of Washington have submitted approximately 1,000 requests to initiate or expand aquaculture activities. Significant progress has been made in the last year to process permit requests. The Corps of Engineers completed Endangered Species Act consultations with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service in September 2016. The Corps is directed to expeditiously process the shellfish growers' requests using the final Biological Opinions and in accordance with the recently completed 2017 Nationwide Permit 48. The Corps is encouraged to communicate directly with the regulated industry and other interested stakeholders to ensure all have clarity on permitting requirements. Army Corps of Engineers and Underserved Communities.--The Corps is encouraged to take steps to expedite and support economic development projects in underserved urban communities, particularly economically disadvantaged communities with populations of less than 100,000 residents. These communities often are overlooked unintentionally and face complex challenges that impede economic development due to years of neglect, an abundance of abandoned industrial areas, or a lack of consistent local funding sources. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM The agreement includes $112,000,000 for the Formerly Utilized Sites Remedial Action Program. FLOOD CONTROL AND COASTAL EMERGENCIES The agreement includes $32,000,000 for Flood Control and Coastal Emergencies. EXPENSES The agreement includes $181,000,000 for Expenses. The agreement includes $1,000,000 for the Corps to initiate the evaluation of project partnership agreements authorized under section 1013 of the Water Resources Reform and Development Act of 2014. Public-Private Partnership Program.--As discussed in fiscal year 2016, there is strong support among many Members of the Congress and within the senior leadership of the Corps for public-private partnerships (P3). These arrangements have the potential to be project delivery tools to help sustain the performance of existing infrastructure and construct new infrastructure more quickly. Unfortunately, actions to date will serve to undermine, rather than promote, the use of P3s. For instance, the executive branch selected a P3 project as one of its fiscal year 2016 new starts, yet did not include funding for this project in its fiscal year 2017 budget request, claiming the project did not meet budget criteria. Without a clear signal from the federal government that it will honor its commitments under a P3 arrangement, it is unlikely that communities or private investors will put their resources at risk with a P3 arrangement. More broadly, concerns persist that the Corps is attempting to develop individual, project-specific P3 arrangements, rather than developing the policy by which such arrangements, developed by project stakeholders and private investors, will be evaluated. This program will generate stronger interest and allow all interested non-federal sponsors equal opportunity to develop P3 proposals for the Corps to review under established guidelines. An established policy would also ensure that selected projects will meet budget criteria. It was for these reasons that the Congress, in fiscal year 2016, directed the Corps to develop a policy on how P3 proposals will be considered by the Corps and how these partnerships will be incorporated into the budget policy. There has been no indication that the Corps has done any work to comply with this direction. Therefore, due to the concerns detailed above and until such time as a comprehensive policy is established and provided to the Committees on Appropriations of both Houses of Congress, the Corps shall discontinue all work on project-specific public-private partnerships beyond the P3 project selected as a new start in fiscal year 2016. OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS The agreement includes $4,764,000 for the Office of the Assistant Secretary of the Army for Civil Works. The agreement includes legislative language that restricts the availability of funding until the Secretary submits a work plan that allocates at least 95 percent of the additional funding provided in each account (i.e., 95 percent of additional funding provided in Investigations, 95 percent of additional funding provided in Construction, etc.). This restriction shall not affect the roles and responsibilities established in previous fiscal years of the Office of the Assistant Secretary of the Army for Civil Works, the Corps headquarters, the Corps field operating agencies, or any other executive branch agency. The Congress counts on a timely and accessible executive branch in the course of fulfilling its constitutional role in the appropriations process. The requesting and receiving of basic, factual information is vital in order to maintain a transparent and open governing process. Some discussions internal to the executive branch are pre-decisional in nature and, therefore, not subject to disclosure. However, the access to facts, figures, and statistics that inform these decisions are not subject to this same sensitivity and are critical to the budget process. The Administration needs to ensure timely and complete responses to these inquiries. GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL (INCLUDING TRANSFER OF FUNDS) The agreement includes a provision relating to reprogramming. The agreement includes a provision regarding the allocation of funds. The agreement includes a provision prohibiting the use of funds to carry out any contract that commits funds beyond the amounts appropriated for that program, project, or activity. The agreement includes a provision concerning funding transfers related to fish hatcheries. The agreement includes a provision regarding certain dredged material disposal activities. The agreement includes a provision regarding acquisitions. The agreement includes a provision regarding reallocations at a project. The agreement includes a provision prohibiting funds from being used to develop or implement changes to certain definitions for the purposes of the Clean Water Act during fiscal year 2017. The agreement includes a provision regarding section 404 of the Federal Water Pollution Control Act. TITLE II--DEPARTMENT OF THE INTERIOR Central Utah Project CENTRAL UTAH PROJECT COMPLETION ACCOUNT The agreement includes a total of $10,500,000 for the Central Utah Project Completion Account, which includes $7,850,000 for Central Utah Project construction, $1,300,000 for transfer to the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission, and $1,350,000 for necessary expenses of the Secretary of the Interior. Bureau of Reclamation In lieu of all House and Senate report direction regarding additional funding and the fiscal year 2017 work plan, the agreement includes direction under the heading ``Additional Funding for Water and Related Resources Work'' in the Water and Related Resources account. [[Page H3742]] Salt Cedar.--The WIIN Act authorized the Secretary of the Interior, in coordination with the Secretary of Agriculture, to enter into an agreement with the National Academy of Sciences to conduct a comprehensive study on the effectiveness and environmental impacts of salt cedar biological control efforts on increasing water supplies and improving riparian habitats of the Colorado River and its principal tributaries. Not later than 180 days after completion of such a study, the Bureau of Reclamation shall submit to the Committees on Appropriations of both Houses of Congress a report on the conclusions applicable to the Bureau of Reclamation and any plans for changes at Reclamation- managed lands. Implementation Plans.--The Secretary of the Interior is directed to provide to the Committees on Appropriations of both Houses of Congress, not later than September 30, 2017, implementation plans to execute the Delta smelt distribution study pursuant to section 4010(a)(4), the expanded use of conservation fish hatcheries pursuant to section 4010(b)(5), and the pilot projects to implement the CALFED invasive species program pursuant to section 4010(e) of Public Law 114-322. The Secretary of the Interior is directed to work with the Secretary of Commerce to provide to the Committees on Appropriations of both Houses of Congress, not later than September 30, 2017, an implementation plan to execute the Delta Cross Channel Gates pilot program and the installation of the deflection barrier at Georgiana Slough pursuant to section 4001(b)(1)-(3), as well as a progress report to develop improved consultation procedures pursuant to section 4004 of Public Law 114-322. The Secretary of the Interior is directed to work with the Secretary of Commerce to provide to the Committees on Appropriations of both Houses of Congress, not later than September 30, 2017, an implementation plan to execute the activities benefiting endangered species pursuant to section 4010(b)(2)(A) of Public Law 114-322. At a minimum, each implementation plan shall describe the roles and responsibilities, including funding, of each relevant agency. WATER AND RELATED RESOURCES (INCLUDING TRANSFERS OF FUNDS) The agreement includes $1,155,894,000 for Water and Related Resources. The agreement for Water and Related Resources is shown in the following table: [[Page H3743]] [GRAPHIC] [TIFF OMITTED] TH01MY17.324 [[Page H3744]] [GRAPHIC] [TIFF OMITTED] TH01MY17.325 [[Page H3745]] [GRAPHIC] [TIFF OMITTED] TH01MY17.326 [[Page H3746]] [GRAPHIC] [TIFF OMITTED] TH01MY17.327 [[Page H3747]] [GRAPHIC] [TIFF OMITTED] TH01MY17.328 [[Page H3748]] [GRAPHIC] [TIFF OMITTED] TH01MY17.329 [[Page H3749]] [GRAPHIC] [TIFF OMITTED] TH01MY17.330 [[Page H3750]] Central Valley Project, Friant Division, San Joaquin River Restoration.--The agreement does not include a separate account for this item. Funding is included in the Water and Related Resources account as a separate line item under the Friant Division of the Central Valley Project. Scoggins Dam, Tualatin Project, Oregon.--The agreement includes only the language in the House report. Additional Funding for Water and Related Resources Work.-- The agreement includes funds in addition to the budget request for Water and Related Resources studies, projects, and activities. Priority in allocating these funds should be given to advance and complete ongoing work, including preconstruction activities and where environmental compliance has been completed; improve water supply reliability; improve water deliveries; enhance national, regional, or local economic development; promote job growth; advance tribal and nontribal water settlement studies and activities; or address critical backlog maintenance and rehabilitation activities. Of the additional funding provided under the heading ``Water Conservation and Delivery'', $67,000,000 shall be for water storage projects as authorized in section 4007 of Public Law 114-322. Of the additional funding provided under the heading ``Environmental Restoration or Compliance'', $7,000,000 shall be for activities authorized under sections 4001 and 4010 of Public Law 114-322 or as set forth in federal-state plans for restoring threatened and endangered fish species affected by the operation of the Bureau of Reclamation's water projects. Not later than 45 days after the enactment of this Act, Reclamation shall provide to the Committees on Appropriations of both Houses of Congress a report delineating how these funds are to be distributed, in which phase the work is to be accomplished, and an explanation of the criteria and rankings used to justify each allocation. Indian Water Rights Settlements.--The agreement includes funds for these activities in the Water and Related Resources account, instead of in a separate account as proposed in the budget request. To maintain the visibility of these projects, the agreement includes the three projects under the Regional Programs heading with a subheading called Indian Water Rights Settlements. Research and Development: Desalination and Water Purification Program.--Of the funding provided for this program, $6,000,000 shall be for desalination projects as authorized in section 4009(a) of Public Law 114-322. WaterSMART Program.--The agreement recommends that grants funded under the WaterSMART Program have a near-term impact on water conservation and improved water management. Reclamation is urged to prioritize funding for projects in regions most stricken by drought. WaterSMART Program: Title XVI Water Reclamation & Reuse Program.--Of the funding provided for this program, $10,000,000 shall be for water recycling and reuse projects as authorized in section 4009(c) of Public Law 114-322. Rural Water.--Voluntary funding in excess of legally required cost shares for rural water projects is acceptable, but shall not be used by Reclamation as a criterion for allocating additional funding provided in this agreement or for budgeting in future years. The agreement does not include Senate report direction regarding legislative solutions. CALFED Water Storage Feasibility Studies.--With the passage of California Proposition 1 in 2014, the California Water Commission is expected to begin allocating $2,700,000,000 for the public benefits of water storage projects in 2018. To ensure that the CALFED water supply projects are able to compete for the available State funding, Reclamation is directed to take such steps as are necessary to ensure that each of the authorized CALFED water storage feasibility studies, and associated environmental impact statements, are completed as soon as practicable, and that, at a minimum, publicly available drafts of such studies and environmental reviews are completed expeditiously in accordance with congressional direction. Buried Metallic Water Pipe.--The agreement only includes direction in the Policy and Administration account. CENTRAL VALLEY PROJECT RESTORATION FUND The agreement provides $55,606,000 for the Central Valley Project Restoration Fund. CALIFORNIA BAY-DELTA RESTORATION (INCLUDING TRANSFERS OF FUNDS) The agreement provides $36,000,000 for the California Bay- Delta Restoration Program. POLICY AND ADMINISTRATION The agreement provides $59,000,000 for Policy and Administration. In lieu of House and Senate report direction regarding buried metallic water pipe, Reclamation shall continue following its temporary design guidance. ADMINISTRATIVE PROVISION The agreement includes a provision limiting the Bureau of Reclamation to purchase not more than five passenger vehicles for replacement only. General Provisions--Department of the Interior The agreement includes a provision outlining the circumstances under which the Bureau of Reclamation may reprogram funds. The agreement includes a provision regarding the San Luis Unit and Kesterson Reservoir in California. The agreement includes a provision regarding completion of certain feasibility studies. TITLE III--DEPARTMENT OF ENERGY The agreement provides $30,786,009,000 for the Department of Energy to fund programs in its primary mission areas of science, energy, environment, and national security. The agreement includes no specific funding for the cross-program partnership on seismic simulation. The Department is prohibited from funding fellowship and scholarship programs in fiscal year 2017 unless the programs were explicitly included in the budget justification or funded within this agreement. The Department shall follow the provisions of Public Law 114-328 in carrying out the laboratory directed research and development program. Five-Year Plan.--The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 100 days after the enactment of this Act a report on the plan to comply with 42 U.S.C. 7279a. Crosscutting Initiatives.--The Department is directed to prioritize funds that are provided within this agreement to support all the Department's crosscutting initiatives to the maximum extent possible. The Grid Modernization Laboratory Consortium is an example of a crosscutting initiative. Program offices are encouraged to collaborate when making investment decisions about foundational research. Reprogramming Requirements The agreement carries the Department's reprogramming authority in statute to ensure that the Department carries out its programs consistent with congressional direction. The Department should, when possible, submit consolidated, cumulative notifications to the Committees on Appropriations of both Houses of Congress. Definition.--A reprogramming includes the reallocation of funds from one program, project, or activity to another within an appropriation. For construction projects, a reprogramming constitutes the reallocation of funds from one construction project to another project or a change of $2,000,000 or 10 percent, whichever is less, in the scope of an approved project. ENERGY PROGRAMS Energy Efficiency and Renewable Energy The agreement provides $2,090,200,000 for Energy Efficiency and Renewable Energy (EERE). The Department is encouraged to facilitate training and workforce development programs that assist and support workers in trades and activities required for the U.S. energy efficiency and clean energy sectors. SUSTAINABLE TRANSPORTATION Vehicle Technologies.--Within available funds, the agreement provides $20,000,000 for the SuperTruck II program to further improve the efficiency of heavy-duty class 8 long- and regional-haul vehicles and continue support of the fiscal year 2016 SuperTruck II awards. The Department is directed to make five awards using the multi-year allocation process that was used successfully by the SuperTruck I program. The agreement provides no direction for the topline funding level of the Batteries and Electric Drive Technology subprogram. Within available funds, the agreement provides $42,000,000 for advanced battery development and up to $7,000,000 to continue national laboratory performance testing and life cycle diagnostic assessment activities that validate and verify advanced battery performance. The agreement provides $42,500,000 for Outreach, Deployment, and Analysis. Within this amount, $34,000,000 is provided for Deployment through the Clean Cities Program and $2,500,000 is for year three of EcoCAR3. Within available funds for Fuel and Lubricant Technologies, the agreement provides up to $5,000,000 to support improving the energy efficiency of fluid power systems for commercial off-road vehicles. Bioenergy Technologies.--Within available funds, the agreement provides $20,000,000 to support the development of the Synthetic Biology Foundry and $30,000,000 for algal biofuels. The Department is directed to sustain the investment in development of algal biofuels. Hydrogen and Fuel Cell Technologies.--Within available funds, the agreement provides $18,000,000 for Technology Validation, of which $2,000,000 is for the EERE share of the integrated energy systems work with the Office of Nuclear Energy. Within available funds, the agreement also provides $7,000,000 to enable integrated energy systems using high and low temperature electrolyzers with the intent of advancing the H2@Scale concept. RENEWABLE ENERGY Solar Energy.--Within available funds, $55,000,000 is provided for concentrating solar power research, development, and demonstration of technologies that reduce overall system costs, better integrate subsystem components, develop higher- temperature receivers, and improve the design of solar collection and thermal energy storage. Wind Energy.--The agreement provides $40,000,000 and no further direction for the Offshore Wind Advanced Technology Demonstration Projects. Within available funds, the agreement provides not less than $30,000,000 for the National Wind Technology Center. Water Power.--The Department is directed to continue competitive solicitations for a [[Page H3751]] balanced portfolio of industry-led research, development, and deployment of ocean, river, and tidal energy conversion components and systems. Within available funds, $25,000,000 is provided for conventional hydropower and pumped storage activities, including $6,600,000 for the purposes of section 242 of the Energy Policy Act of 2005 (Public Law 109-58). The agreement provides up to $3,000,000 within available funds for a techno-economic analysis of the value of pumped storage hydropower at two sites with high levels of intermittent renewable energy generation in the U.S. The agreement provides $59,000,000 for marine and hydrokinetic technology research, development, and deployment. Within available funds $30,000,000 is provided for design, procurement, and construction for the recently awarded open-water wave energy test facility. The agreement provides not less than $4,000,000 to support collaborations between universities, the previously designated Marine Renewable Energy Centers, and the National Laboratories. In addition, the Department is directed to continue its coordination with the U.S. Navy on marine energy technology demonstration. Geothermal Technologies.--The agreement provides $35,000,000 for ongoing activities for the Frontier Observatory for Research in Geothermal Energy project. ENERGY EFFICIENCY Advanced Manufacturing.--The agreement provides $150,500,000 for Advanced Manufacturing Research and Development Facilities, of which $84,000,000 is for six Clean Energy Manufacturing Innovation (CEMI) Institutes to include the establishment of one new CEMI Institute, $25,000,000 is for the Critical Materials Hub, $20,000,000 is for the Manufacturing Demonstration Facility, $1,500,000 is for the joint additive manufacturing pilot institute with the Department of Defense, and $20,000,000 is to establish the Energy-Water Desalination Hub. Building Technologies.--The agreement provides $98,400,000 for Emerging Technologies and $54,000,000 for Equipment and Buildings Standards. Within available funds, $25,000,000 is for solid-state lighting technology development and, if the Secretary finds solid-state lighting technology eligible for the Bright Tomorrow Lighting Prize, $5,000,000 is included in addition to funds for solid-state lighting research and development. The agreement also provides $10,000,000, within available funds, for research and development for energy efficiency efforts related to the direct use of natural gas in residential applications, including gas heat pump heating and water heating, on-site combined heat and power, and natural gas appliance venting. Electricity Delivery and Energy Reliability The agreement provides $230,000,000 for Electricity Delivery and Energy Reliability. Within Smart Grid Research and Development, the agreement provides $15,000,000 for regional demonstrations of on-site generation and micro grids and $5,000,000 for development of advanced, secure, low-cost sensors that measure, analyze, predict, and control the future grid during steady state and under extreme conditions. The Department is urged to continue research in transactive controls given the increasing prevalence of distributed energy on the grid and the shift away from a utility-centric model, wherein the customer is a passive participant. Within Cyber Security for Energy Delivery Systems, the agreement provides $9,000,000 to continue development of the industry-scale electric grid test bed and not less than $5,000,000 to develop cyber and cyber-physical solutions for advanced control concepts for distribution and municipal utility companies. The Department is urged to prioritize the Cybersecurity Risk Information Sharing Program, which will build on the existing public-private partnership to share threat information and enable utilities to identify and respond to suspicious activity on the electric grid. Within Transformer Resilience and Advanced Components, the Department is directed to support research and development on low-cost power flow control devices, including both solid state and hybrid concepts that use power electronics to control electromagnetic devices and enable improved controllability, flexibility, and resiliency. Within available funds, the Department is directed to continue efforts to establish one or more grid integration demonstration modules. Nuclear Energy The agreement provides $1,016,616,000 for Nuclear Energy activities. Nuclear Energy Enabling Technologies.--The agreement provides $115,100,000 for Nuclear Energy Enabling Technologies, of which not less than $4,500,000 shall be to support implementation of the GAIN initiative. Within available funds, $27,000,000 is for Crosscutting Technology Development and $31,100,000 is for the National Science User Facilities. Within available funds for the National Science User Facilities, the Department shall continue the focus on irradiation testing and examinations of irradiated materials. SMR Licensing Technical Support Program.--The agreement provides $95,000,000 for the SMR Licensing Technical Support Program. Within this amount, $60,000,000 is for the second award for design certification and first-of-a-kind engineering activities, $9,500,000 is for the second award for site characterization and combined construction and operating license application activities, and $25,100,000 is for the first award for siting permitting and combined construction and operating license application activities. The agreement funds the three existing cooperative agreements up to the current cost caps. Reactor Concepts Research and Development.--The agreement provides $40,000,000 for the Light Water Reactor Sustainability program to continue research and development work on the technical basis for subsequent license renewal. Within available funds, $92,000,000 is for Advanced Reactor Concepts, of which $3,000,000 is for testing and development of dynamic convection technology. Fuel Cycle Research and Development.--The agreement provides $68,000,000 for the Advanced Fuels program, of which not less than $21,800,000 is to initiate Phase 2 of the industry-led, appropriately cost-shared basic research program on Accident Tolerant Fuels; $3,000,000 is for continuation of the previously competitively awarded Small Business projects to develop ceramic cladding for Accident Tolerant Fuels; and $15,000,000 is for additional support of capability development of transient testing, including test design, modeling, and simulation. Within available funds, $12,000,000 is for Systems Analysis and Integration, of which funding above the request is to assess advanced nuclear energy deployment scenarios. The agreement provides $85,000,000 for Used Nuclear Fuel Disposition, of which $62,500,000 is to continue generic research and development activities. Within available funds, not less than $14,250,000 shall be to continue research and development activities on behavior of spent fuel during storage, transportation, and disposal, with priority on preparation activities for testing high-burnup fuel and post- irradiation examination of spent fuel rods and on the direct disposal of dry storage canister technologies. The agreement includes $22,500,000 for Integrated Waste Management System activities. Within the amounts for Used Nuclear Fuel Disposition, the agreement does not include defense funds. Radiological Facilities Management.--In lieu of direction included in the Senate report, the agreement includes $10,000,000 for continued safe operation of Oak Ridge National Laboratory hot cells. INL Operations and Infrastructure.--In lieu of House report direction, the agreement provides $10,000,000 for design and construction of the Advanced Test Reactor technical support building to support reactor core internal change-out, reliability improvement, and provide mock-up space for the nuclear demonstration platform and includes defense funds at the budget request level. Use of Prior-Year Balances.--The agreement includes the use of $10,000,000 in prior-year balances. Fossil Energy Research and Development The agreement provides $668,000,000 for Fossil Energy Research and Development. The agreement includes $50,000,000 to support a new solicitation for two large-scale pilots which focus on transformational coal technologies that represent a new way to convert energy to enable a step change in performance, efficiency, and the cost of electricity compared to today's technologies. Such technologies include thermodynamic improvements in energy conversion and heat transfer, such as pressurized oxygen combustion and chemical looping, and improvements in carbon capture systems technology. In making the awards for large-scale pilots, the Department should prioritize entities that have previously received funding for these technologies at the lab and bench scale. Coal Carbon Capture and Storage (CCS) and Power Systems.-- The Department is directed to use funds from Coal CCS and Power Systems for both coal and natural gas research and development as it determines to be merited, as long as such research does not occur at the expense of coal research and development. The agreement provides $6,000,000 to support a new solicitation for initial engineering, testing, and design-related work for a commercial-scale, post-combustion carbon dioxide capture project on an existing coal-fueled generating unit. Within available funds, the Department shall provide to the Committees on Appropriations of both Houses of Congress an estimate of the costs required to fully retrofit such a unit. The agreement also includes funding for the Department's National Carbon Capture Center consistent with the budget request. The agreement provides $101,000,000 for Carbon Capture and provides no further direction. The agreement provides $95,300,000 for Carbon Storage, of which $28,000,000 is for Advanced Storage Research and Development, $10,000,000 is for Carbon Use and Reuse, $12,000,000 is for Carbon Sequestration Science, and $45,300,000 is for Storage Infrastructure. The agreement includes no further direction for the Storage Infrastructure subprogram. Within Advanced Energy Systems, the agreement provides $25,000,000 for Gasification Systems, of which $8,000,000 is for the Advanced Air Separation Program to continue activities improving advanced air separation technologies. Within Cross Cutting Research, the agreement provides $20,000,000 for Coal Utilization Science, $21,450,000 for Plant Optimization Technologies, $9,800,000 for Water Management Research and Development, and $1,000,000 to award research grants to qualifying universities and institutions in the Department's Historically Black Colleges and Universities and Hispanic-Serving Institutions education and training program. Within National Energy Technology [[Page H3752]] Laboratory Coal Research and Development, the agreement provides $15,000,000 for the Department to expand its external agency activities to develop and test commercially viable advanced separation technologies at proof-of-concept or pilot scale that can be deployed near term for the extraction and recovery of rare earth elements and minerals from U.S. coal and coal byproduct sources having the highest potential for success. Natural Gas Technologies.--The agreement rejects the Department's approach to limit methane hydrates funding on only a fuel supply impact mitigation subprogram that would conduct research on the nature and regional context of gas hydrate deposits in the Gulf of Mexico, and provides, within available funds, $19,800,000 for methane hydrates. The agreement provides $5,200,000 to continue the Risk Based Data Management System (RBDMS) and supports including water tracking in pre- and post-drilling applications where required by States. The Department is directed to provide these funds to integrate FracFocus and RBDMS for improved public access to State oil and gas related data, as well as for State regulatory agencies to support electronic permitting for operators, eForms for improved processing time for new permits, operator training from the improved FracFocus 3.0, and additional reports. The agreement provides $7,000,000 for Environmentally Prudent Development, $7,000,000 for Emissions Mitigation from Midstream Infrastructure, and $4,000,000 for Emissions Quantification from Natural Gas Infrastructure. Unconventional Technologies.--The agreement provides $21,000,000, for Unconventional Technologies. The Department is encouraged to consider the ``Domestic Unconventional Fossil Energy Resource Opportunities and Technology Applications Report to Congress'', which the Department submitted in September 2011, in allocating these funds. Within available funds, $10,000,000 is for two or more research awards to address issues associated with emerging shale plays in the U.S. The funding shall be awarded to either a not-for-profit or university based consortium. The consortium must be comprised of industry, academia, and stakeholder groups which may include NGOs. The projects shall include research studies to improve environmental, water quality, infrastructure, and societal impacts of oil and gas development in these emerging plays. These plays shall include unconventional or shale formations where there is currently less than 50,000 barrels per day (equivalent) production. The objective of the awards is to improve existing technologies, encourage prudent development, provide cost effective solutions, investigate utilization of captured carbon dioxide for hydraulic fracturing, and develop best practices and tools. While the final completion date for the crude oil characterization study has been delayed, it is expected that Tasks 2 and 3 will be completed by the end of the calendar year 2017. Task 4 is the final phase of the study, and the Department is directed to continue this research in partnership with the Department of Transportation to improve the safety of crude oil transported by rail in this country. NETL Infrastructure.--The agreement provides $5,500,000 for financing NETL's Supercomputer, Joule, through a 3-year lease and directs the Department to prioritize funds to provide site-wide upgrades for safety and avoid an increase in deferred maintenance. Use of Prior-Year Balances.--The agreement includes the use of $14,000,000 in prior-year balances from the Power Plant Improvement Initiative program. Naval Petroleum and Oil Shale Reserves The agreement provides $14,950,000 for the operation of the Naval Petroleum and Oil Shale Reserves. Strategic Petroleum Reserve The agreement provides $223,000,000 for the Strategic Petroleum Reserve. The agreement includes legislative language authorizing the Department to use all receipts from the discretionary sale of crude oil directed in Public Law 114-254. Northeast Home Heating Oil Reserve The agreement provides $6,500,000 for the Northeast Home Heating Oil Reserve. The agreement includes the use of $4,000,000 in prior-year balances. Energy Information Administration The agreement provides $122,000,000 for the Energy Information Administration. Within available funds, $1,500,000 is for the creation of a National Oil and Gas Gateway that works in concert with State-run databases. Non-Defense Environmental Cleanup The agreement provides $247,000,000 for Non-Defense Environmental Cleanup. Small Sites.--The agreement provides $77,043,000 for Small Sites. Within this amount, $5,500,000 shall be for the Southwest Experimental Fast Oxide Reactor, $9,200,000 shall be for Lawrence Berkeley National Laboratory, $6,000,000 shall be for Oak Ridge activities, and $37,884,000 shall be for Moab. If the total project costs of any construction activities at any of the sites funded within Small Sites exceeds the minor construction threshold, the Department shall submit a project data sheet to the Committees on Appropriations of both Houses of Congress. Uranium Enrichment Decontamination and Decommissioning Fund The agreement provides $768,000,000 for activities funded from the Uranium Enrichment Decontamination and Decommissioning Fund. Science The agreement provides $5,392,000,000 for the Office of Science. The agreement includes legislative language and reprogramming authority for the Secretary regarding U.S. participation in the ITER project. The agreement provides up to $2,000,000, to be funded from across all Office of Science programs, to support the Distinguished Scientist Program, as authorized in section 5011 of Public Law 110-69. Advanced Scientific Computing Research.--Within available funds, the agreement provides $164,000,000 for the exascale initiative, $80,000,000 for the Argonne Leadership Computing Facility, $110,000,000 for the Oak Ridge Leadership Computing Facility, $92,145,000 for the National Energy Research Scientific Computing Center at Lawrence Berkeley National Laboratory, $10,000,000 for the Computational Sciences Graduate Fellowship program, and $45,000,000 for ESnet. Within available funds, the agreement provides up to $20,000,000 for meeting the challenges surrounding memory and storage architecture. Basic Energy Sciences (BES).--The following is the only direction provided for BES. The agreement provides $15,000,000 for the Experimental Program to Stimulate Competitive Research; $26,000,000 for exascale systems; $24,088,000 for the Batteries and Energy Storage Hub; $15,000,000 for the Fuels from Sunlight Hub; $42,500,000 for the Advanced Photon Source Upgrade; $494,059,000 for optimal operations of the five BES light sources, of which $5,000,000 is for the Advanced Light Source Upgrade; and $266,000,000 for the High-Flux Neutron Sources, of which $200,000,000 is for the Spallation Neutron Source, $65,000,000 is for the High-Flux Isotope Reactor, and $1,000,000 is for the Lujan Neutron Scattering Center. The agreement provides the requested level of funding for the Nanoscale Science Research Centers. Biological and Environmental Research (BER).--Within available funds, the agreement provides $75,000,000 for the three BioEnergy Research Centers and $10,000,000 for exascale computing. The Department is urged to give priority to optimizing the operation of BER user facilities. Fusion Energy Sciences.--The agreement provides $212,027,000 for burning plasma science foundations, $41,569,000 for burning plasma science long pulse, and $76,404,000 for discovery plasma science. Within available funds, the agreement provides not less than $74,090,000 for the National Spherical Torus Experiment and not less than $87,100,000 for DIII-D. The Department is directed to hold additional workshops and submit not later than 180 days after enactment of this Act to the Committees on Appropriations of both Houses of Congress a report summarizing the fusion energy science community's continued efforts hosting workshops to advance and plan for the long term vision of the fusion energy sciences field. High Energy Physics.--The following is the only direction provided for High Energy Physics. Within available funds, the agreement provides $15,220,000 for PIP-II, $45,000,000 for the Large Synoptic Survey Telescope Camera, $12,000,000 for DESI, and $12,500,000 for LUX ZEPLIN. Nuclear Physics.--Within available funds, the Department is encouraged to fund optimal operations for the Relativistic Heavy Ion Collider at Brookhaven National Laboratory. Science Laboratories Infrastructure.--The Office of Science is directed to work with the Office of Nuclear Energy in future budget requests to demonstrate a commitment to operations and maintenance of nuclear facilities at Oak Ridge National Laboratory that support multiple critical missions. Advanced Research Projects Agency--Energy The agreement provides $306,000,000 for the Advanced Research Projects Agency--Energy. Title 17--Innovative Technology Loan Guarantee Program The agreement provides $37,000,000 for administrative expenses for the Title 17 Innovative Technology Loan Guarantee Program. This amount is offset by estimated revenues of $30,000,000, resulting in a net appropriation of $7,000,000. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 45 days after enactment of this Act a report that includes a list of each conditional commitment the Department has offered as of the date of enactment of this Act and a status of each project listed. Advanced Technology Vehicles Manufacturing Loan Program The agreement provides $5,000,000 for the Advanced Technology Vehicles Manufacturing Loan Program. Tribal Energy Loan Guarantee Program (including rescission of funds) The agreement provides $9,000,000 for the Tribal Energy Loan Guarantee Program. Within the funds, $8,500,000 shall be for the credit subsidy cost and $500,000 for administrative expenses. The loan guarantees shall support the development or expansion of generation projects which employ commercially proven and available renewable energy technologies. [[Page H3753]] Departmental Administration The agreement provides $143,000,000 for Departmental Administration. Control Points.--In lieu of House and Senate direction on control points, the agreement includes six reprogramming control points in this account to provide flexibility in the management of support functions. The Other Departmental activity includes Management, Project Management Oversight and Assessments, Chief Human Capital Officer, Office of Technology Transitions, Office of Small and Disadvantaged Business Utilization, General Counsel, Energy Policy and Systems Analysis, International Affairs, and Public Affairs. The Department is directed to continue to submit a budget request that proposes a separate funding level for each of these activities. Office of Energy Jobs Development.--The agreement rejects the request to consolidate and expand the collection of energy jobs data. However, to the extent the Department was collecting data and coordinating with other entities related to energy job data, the Department may continue those activities to the extent and in the manner they were funded in fiscal year 2016. Cybersecurity.--Within the amounts provided for the Chief Information Officer, the agreement provides not less than $21,006,000 for Cybersecurity. In lieu of Senate direction, the Department is directed to provide a quarterly report to the Committees on Appropriations of both Houses of Congress on the status of projects approved under 42 U.S.C. 16421, with the first such report to be provided 30 days after the enactment of this Act. Office of the Inspector General The agreement provides $44,424,000 for the Office of the Inspector General. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION The agreement provides $12,938,252,000 for the National Nuclear Security Administration (NNSA). Weapons Activities (including rescissions of funds) The agreement provides $9,318,093,000 for Weapons Activities. The agreement rescinds $8,400,000 as proposed in an amendment to the fiscal year 2017 budget request to offset the costs to resolve New Mexico Environment Department claims against the Department of Energy, including associated activities at Los Alamos National Laboratory. In addition, the agreement rescinds $64,126,000 in prior-year balances that were not available to the NNSA because they were placed in a Category C apportionment by the Office of Management and Budget. Integrated Surety Solutions for Transportation.--The agreement fully funds the budget request for an Integrated Surety Solutions for Transportation program and does not include a requirement in the House report regarding future budget requests for this program. Enhanced Capabilities for Subcritical Experiments (ESCE).-- The agreement includes funding for new radiographic capabilities at U1A as part of the ESCE project within the Science program and Infrastructure and Operations as requested. If additional funding is sought for these activities in future budget requests, the NNSA is directed to consolidate its request within the Science program and submit a single project data sheet that combines the total cost of all equipment and infrastructure investments needed for this new experimental capability. Life Extension Program Reporting.--The NNSA is directed to provide to the Committees on Appropriations of both Houses of Congress a classified summary of each ongoing life extension and major refurbishment program that includes explanatory information on the progress and planning for each program beginning with the award of the phase 6.3 milestone and annually thereafter until completion of the program. Weapons Dismantlement and Disposition.--The agreement provides $56,000,000 for weapons dismantlement and disposition activities. The dismantlement of nuclear warheads is an important work-leveling activity in the management of the nuclear weapons stockpile and plays a critical role in preparing workers for future warhead life extension program production efforts scheduled to begin in 2020. It is also essential to extending the life of the nuclear weapons stockpile by enabling the reuse of components and recycling of strategic materials. Science.--The agreement provides $436,500,000 for the Science program. Within Advanced Certification, the agreement includes additional funding above the budget request to support establishment of a stockpile responsiveness program. The agreement provides $49,800,000 for Academic Alliances and Partnerships, of which $18,959,000 is for the Minority Serving Institution Partnerships Program (MSIPP), including the Tribal College Initiative. The NNSA is directed to account for MSIPP funds within Academic Alliances and Partnerships in its budget request and to clearly specify the source of funding for any other academic programs within the NNSA's budget request, including those that contribute to the Integrated University Program. Inertial Confinement Fusion and High Yield.--The agreement provides $522,959,000 for the Inertial Confinement Fusion and High Yield program. Within this amount, $330,000,000 shall be for the National Ignition Facility, $68,000,000 shall be for OMEGA, and $8,500,000 shall be for the Naval Research Laboratory. Advanced Simulation and Computing.--The agreement provides $663,184,000 for the Advanced Simulation and Computing program. Within this amount, $95,000,000 is for the exascale initiative. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report that differentiates the roles and responsibilities of the NNSA and the Office of Science for carrying out the exascale computing initiative and describes how those respective roles and responsibilities are complementary and not duplicative. Infrastructure and Operations.--The agreement provides $324,000,000 for Maintenance and Repair of Facilities and $743,148,000 for Recapitalization projects. The agreement provides funds above the budget request to address the NNSA's high-risk excess facilities and its significant backlog of deferred facility maintenance. The agreement does not include direction in the House report regarding a new funding line for facility disposition and provides $200,000,000 for the disposition of the Kansas City Plant's Bannister Road Federal Complex within the Recapitalization program. Uranium Processing Facility.--The agreement includes $575,000,000 for the Uranium Processing Facility project. The NNSA is directed to provide the plan for reviewing critical decision-2 to the Committees on Appropriations of both Houses of Congress not later than June 15, 2017. In lieu of language in the House report, the Project Management Risk Committee is directed to provide to the Committees on Appropriations of both Houses of Congress not later than September 30, 2017, a briefing that describes the readiness of the UPF project to commence major construction activities, including an evaluation of the maturity of the safety basis for the project. Defense Nuclear Nonproliferation (including rescission of funds) The agreement provides $1,902,000,000 for Defense Nuclear Nonproliferation. The agreement rescinds $19,128,000 in prior-year balances that were not available to the NNSA because they were placed in a Category C apportionment by the Office of Management and Budget. Conversion.--The agreement includes $75,615,000 for the Conversion program, including the full amount requested for research and development activities for domestic Mo-99 production. The NNSA is encouraged to competitively award new cooperative agreements that are funded up to the full amount of the 50/50 government/industry cost share authorized by the American Medical Isotopes Production Act and to consider the needs of green field projects that do not rely on highly enriched uranium. Material Disposition.--The agreement provides $143,833,000 for Material Disposition, of which $1,000,000 is for the Uranium Lease and Takeback Program. The NNSA may use up to $15,000,000 to advance planning, to resolve regulatory and other issues, and to complete conceptual design activities for the dilute and dispose alternative to the Mixed Oxide (MOX) Fuel Fabrication Facility. Defense Nuclear Nonproliferation Research and Development (DNN R&D).--The agreement provides $469,750,000 for DNN R&D, of which $52,744,000 is to develop new fuels for U.S. high performance research reactors. The NNSA is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a long-term roadmap that describes the timeline, milestones, costs, and technology off-ramps to develop low- enriched uranium fuels for high performance research reactors. The roadmap shall incorporate regular independent technical and programmatic evaluations, as recommended by the National Academies. Mixed Oxide Fuel Fabrication Facility project, Savannah River.--The agreement provides $335,000,000 for the MOX Fuel Fabrication Facility project. Funds shall be available only for construction and for project support activities. Nuclear Counterterrorism Incident Response.--The agreement does not include a restriction in the Senate report regarding the award of blanket purchase agreements. Naval Reactors (including transfer and rescission of funds) The agreement provides $1,420,120,000 for Naval Reactors. The agreement includes a provision to transfer $75,100,000 to Nuclear Energy for operation and maintenance of the Advanced Test Reactor. In addition, the agreement rescinds $307,000 in prior-year balances that were not available to the NNSA because they were placed in a Category C apportionment by the Office of Management and Budget. Federal Salaries and Expenses The agreement provides $390,000,000 for the federal salaries and expenses of the Office of the NNSA Administrator. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup The agreement provides $5,405,000,000 for Defense Environmental Cleanup. Within these funds, the Department is directed to fund hazardous waste worker training at $10,000,000. [[Page H3754]] Budget Structure Changes.--The agreement rejects the request for a separate Infrastructure Recapitalization budget line. The Department is directed to include funding for these activities in the appropriate site budget requests. The Department is specifically prohibited from requesting any changes to the budget structure provided in this Act unless the Department has obtained agreement in advance from the Committees on Appropriations of both Houses of Congress. Project Planning.--In lieu of House language restricting funding for the Low Activity Waste Pretreatment System, the Department shall update the project data sheets of all Environmental Management projects in its fiscal year 2018 budget request to include all scheduled milestones and full multi-year funding plans to ensure that the five-year budget plans that are required to be submitted by statute are clearly presented for all projects, not just for the projects for which the Department has established a performance baseline. Richland.--The agreement provides $24,701,000 for Richland Community and Regulatory Support, $5,000,000 above fiscal year 2016. The amount provided for Richland Community and Regulatory Support includes the full amount permitted for Payments in Lieu of Taxes in fiscal year 2017. Savannah River Site.--The agreement provides $1,233,429,000 for the Savannah River Site. Within funds for Site Risk Management, the agreement includes $3,000,000 to support the disposition of spent fuel from the High Flux Isotope Reactor. The unique facilities at the Savannah River Site provide vital capabilities to our national security programs. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than June 30, 2017, a briefing on its long-term vision for sustainment of the site. Technology Development and Deployment.--The agreement provides $25,025,000 for Technology Development and Deployment. Within this amount, $4,000,000 is for the National Spent Fuel Program at Idaho National Laboratory and $3,500,000 is to work on qualification, testing and research to advance the state of the art of containment ventilation systems through cooperative university affiliated research activities. The Department is directed to submit to the Committees on Appropriations of both Houses of Congress a report outlining its plans for cleanup technology development and demonstration, as directed in the Senate report. Defense Uranium Enrichment Decontamination and Decommissioning (including transfer of funds) The agreement provides $563,000,000 for Defense Uranium Enrichment Decontamination and Decommissioning. Funds provide for a federal contribution into the Uranium Decontamination and Decommissioning Fund. Other Defense Activities The agreement provides $784,000,000 for Other Defense Activities. Within funds for Environment, Health, Safety and Security, not less than $500,000 is for the Epidemiologic Study of One Million U.S. Radiation Workers and Veterans and not less than $39,071,000 is for headquarters security operations. Beginning in fiscal year 2018, the Department is directed to ensure that funding for security clearances of headquarters personnel is requested within funding of the responsible program office. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund The agreement provides no appropriation for the Bonneville Power Administration, which derives its funding from revenues deposited into the Bonneville Power Administration Fund. Operation And Maintenance, Southeastern Power Administration The agreement provides a net appropriation of $0 for the Southeastern Power Administration. The agreement includes the use of $5,000,000 in prior-year balances. Operation And Maintenance, Southwestern Power Administration The agreement provides a net appropriation of $11,057,000 for the Southwestern Power Administration. Construction, Rehabilitation, Operation And Maintenance, Western Area Power Administration The agreement provides a net appropriation of $95,581,000 for the Western Area Power Administration. The agreement includes the use of $34,000,000 in prior-year balances. The Western Area Power Administration is directed to provide to the Committees on Appropriations of both Houses of Congress, not later than 60 days after the enactment of this Act, a report examining the use of a termination clause, described in section 11 of the general power contract provisions of the Western Area Power Administration effective September 1, 2007, in any power contracts that were executed before or on the date of enactment of this Act. The report shall also explain the circumstances for not including the termination clause provision in power contracts executed before or on the date of enactment of this Act. Falcon And Amistad Operating And Maintenance Fund The agreement provides a net appropriation of $232,000 for the Falcon and Amistad Operating and Maintenance Fund. The agreement includes legislative language authorizing the acceptance and use of contributed funds in fiscal year 2017 for operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at the Falcon and Amistad Dams. Concerns persist that additional infrastructure investments are necessary at the Falcon and Amistad dams, yet nothing is included in the budget request. Western is directed to coordinate with the International Boundary and Water Commission to determine a plan for addressing any needed improvements. Federal Energy Regulatory Commission salaries and expenses The agreement provides $346,800,000 for the Federal Energy Regulatory Commission (FERC). Revenues for FERC are set to an amount equal to the budget authority, resulting in a net appropriation of $0. FERC is directed to provide to the Committees on Appropriations of both Houses of Congress monthly notification of approvals of licensing applications for interstate natural gas pipelines; nonfederal hydropower projects; and pipeline, storage, and facility construction for the export of liquefied natural gas. GENERAL PROVISIONS--DEPARTMENT OF ENERGY (including transfer and rescissions of funds) The agreement includes a provision prohibiting the use of funds provided in this title to initiate requests for proposals, other solicitations, or arrangements for new programs or activities that have not yet been approved and funded by the Congress; requires notification or a report for certain funding actions; prohibits funds to be used for certain multi-year ``Energy Programs'' activities without notification; and prohibits the obligation or expenditure of funds provided in this title through a reprogramming of funds except in certain circumstances. The agreement includes a provision authorizing intelligence activities of the Department of Energy for purposes of section 504 of the National Security Act of 1947. The agreement includes a provision prohibiting the use of funds in this title for capital construction of high hazard nuclear facilities, unless certain independent oversight is conducted. The agreement includes a provision prohibiting the use of funds provided in this title to approve critical decision-2 or critical decision-3 for certain construction projects, unless a separate independent cost estimate has been developed for that critical decision. The agreement includes a provision prohibiting funds in the Defense Nuclear Nonproliferation account for certain activities and assistance in the Russian Federation. The agreement includes a provision regarding management of the Strategic Petroleum Reserve. The agreement includes a provision rescinding prior-year unobligated funds that are in excess of five years old and additional unobligated funds from fiscal year 2016 and prior, as described in the following table: [[Page H3755]] [GRAPHIC] [TIFF OMITTED] TH01MY17.331 [[Page H3756]] The agreement includes a provision rescinding prior-year unobligated funds from clean coal power initiative projects. The agreement includes a provision that allows funding to be allocated to certain project and engineering and design activities. [[Page H3757]] [GRAPHIC] [TIFF OMITTED] TH01MY17.332 [[Page H3758]] [GRAPHIC] [TIFF OMITTED] TH01MY17.333 [[Page H3759]] [GRAPHIC] [TIFF OMITTED] TH01MY17.334 [[Page H3760]] [GRAPHIC] [TIFF OMITTED] TH01MY17.335 [[Page H3761]] [GRAPHIC] [TIFF OMITTED] TH01MY17.336 [[Page H3762]] [GRAPHIC] [TIFF OMITTED] TH01MY17.337 [[Page H3763]] [GRAPHIC] [TIFF OMITTED] TH01MY17.338 [[Page H3764]] [GRAPHIC] [TIFF OMITTED] TH01MY17.339 [[Page H3765]] [GRAPHIC] [TIFF OMITTED] TH01MY17.340 [[Page H3766]] [GRAPHIC] [TIFF OMITTED] TH01MY17.341 [[Page H3767]] [GRAPHIC] [TIFF OMITTED] TH01MY17.342 [[Page H3768]] [GRAPHIC] [TIFF OMITTED] TH01MY17.343 [[Page H3769]] [GRAPHIC] [TIFF OMITTED] TH01MY17.344 [[Page H3770]] [GRAPHIC] [TIFF OMITTED] TH01MY17.345 [[Page H3771]] [GRAPHIC] [TIFF OMITTED] TH01MY17.346 [[Page H3772]] TITLE IV--INDEPENDENT AGENCIES Appalachian Regional Commission The agreement provides $152,000,000 for the Appalachian Regional Commission (ARC). To diversify and enhance regional business development, $10,000,000 is provided to continue the program of high-speed broadband deployment in distressed counties within the Central Appalachian region that have been most negatively impacted by the downturn in the coal industry. This funding shall be in addition to the 30 percent directed to distressed counties. Within available funds, $70,000,000 is provided for base funds and $50,000,000 is for the POWER Plus Plan. Within available funds, $16,000,000 is provided for a program of industrial site and workforce development in Southern and South Central Appalachia, focused primarily on the automotive supplier sector and the aviation sector. Up to $13,500,000 of that amount is provided for activities in Southern Appalachia. The funds shall be distributed according to ARC's Distressed Counties Formula, which comprises land area, population estimates, and a proportion of the number of distressed counties. In addition, the agreement provides $6,000,000 for a program of basic infrastructure improvements in distressed counties in Central Appalachia. Funds shall be distributed according to ARC's Distressed Counties Formula and shall be in addition to the regular allocation to distressed counties. Defense Nuclear Facilities Safety Board salaries and expenses The agreement provides $30,872,000 for the Defense Nuclear Facilities Safety Board. Delta Regional Authority salaries and expenses The agreement provides $25,000,000 for the Delta Regional Authority (DRA). The agreement includes a waiver of DRA's 5 percent administration cap. However, DRA is encouraged to prioritize and allocate funding consistent with its authorized purposes and prevent administrative expenses from exceeding 5 percent of the appropriated amount. Denali Commission The agreement provides $15,000,000 for the Denali Commission. The agreement includes a provision regarding cost share payments. Northern Border Regional Commission The agreement provides $10,000,000 for the Northern Border Regional Commission. Southeast Crescent Regional Commission The agreement provides $250,000 for the Southeast Crescent Regional Commission. Nuclear Regulatory Commission salaries and expenses The Commission's mission is to ensure the safety and security of the nation's use of nuclear power and nuclear materials and protect the workers and public who use and benefit from these materials and facilities. The agreement provides $905,000,000 for Nuclear Regulatory Commission (Commission) salaries and expenses. This amount is offset by estimated revenues of $794,580,000, resulting in a net appropriation of $110,420,000. The agreement reflects additional savings identified by the Commission as part of its rebaselining efforts. The agreement does not include the savings from the rebaselining proposal to reduce resources devoted to maintaining expertise in deep geological repository analysis. The Commission shall apply these rebaselining savings in a manner that continues to ensure the protection of public health and safety and maintain the effectiveness of the current inspection program. The agreement includes $5,000,000 for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, which are not subject to the Commission's general fee recovery collection requirements. The agreement also directs the use of $23,000,000 in prior- year unobligated balances. The agreement includes the following direction in lieu of all direction included in the House and Senate reports: Nuclear Reactor Safety.--The agreement includes $462,300,000 for Nuclear Reactor Safety. This control point includes the Commission's Operating Reactors and New Reactors business lines. Integrated University Program.--The agreement includes $15,000,000 for the Integrated University Program. Of this amount, $5,000,000 is to be used for grants to support projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering. Nuclear Materials and Waste Safety.--The agreement includes $113,700,000 for Nuclear Materials and Waste Safety. Included within this control point are the Fuel Facilities, Nuclear Material Users, and Spent Fuel Storage and Transportation business lines. Decommissioning and Low-Level Waste.--The agreement includes $27,200,000 for Decommissioning and Low-Level Waste. Corporate Support.--The agreement includes $309,800,000 for Corporate Support. The agreement provides, within available funds, not more than $7,500,000 for the salaries, travel, and other support costs for the Office of the Commission. These salaries and expenses shall include only salaries and benefit and travel costs, and are not to include general, administrative, or infrastructure costs. The use and expenditure of these funds shall be jointly managed through majority vote of the Commission. The Commission shall continue to include a breakout and explanation of the Commission salaries and expenses in its annual budget requests. If the Commission wishes to change the composition of the funds in future years, it must do so in an annual budget request or through a reprogramming. Budget Execution Plan.--The Commission shall provide a specific budget execution plan to the Committees on Appropriations of both Houses of Congress no later than 30 days after the enactment of this Act. The plan shall include details at the product line level within each of the control points. Budget Realignment.--The Commission shall execute appropriations consistent with the realignment of overhead activities as proposed in the budget request, without deviation, except as authorized under section 402 of the bill. Any additional realignments shall be proposed in future budget requests after consultation with the Committees on Appropriations of both Houses of Congress. Rulemaking.--The Commission shall submit to the Committees on Appropriations of both Houses of Congress a report by August 1, 2017, on how the rulemaking process will adhere to the backfit rule and on the roles of the Advisory Committee on Reactor Safety and the Committee to Review Generic Requirements. The Commission is further directed to list all rulemaking activities planned, to include their priority and schedule, in the annual budget request and the semi-annual report to Congress on licensing and regulatory activities. Reporting.--The agreement directs the Commission to submit the following reports: by June 1, 2017, a report on the Commission's progress to be fully prepared to effectively and efficiently review any subsequent license renewal applications by mid- 2017; and a quarterly report on licensing goals and right- sizing commitments as described in the explanatory statement for P.L. 114-113. Digital Accountability and Transparency Act.--The agreement provides $543,000 to meet the requirements of the Digital Accountability and Transparency Act of 2014. office of inspector general The agreement includes $12,129,000 for the Office of Inspector General in the Nuclear Regulatory Commission. This amount is offset by revenues of $10,044,000, for a net appropriation of $2,085,000. The agreement includes $969,000 to provide Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board salaries and expenses The agreement provides $3,600,000 for the Nuclear Waste Technical Review Board. GENERAL PROVISIONS--INDEPENDENT AGENCIES The agreement includes a provision instructing the Nuclear Regulatory Commission on responding to congressional requests for information. The agreement includes a provision relating to reprogramming. TITLE V--GENERAL PROVISIONS The agreement includes a provision relating to lobbying restrictions. The agreement includes a provision relating to transfer authority. No additional transfer authority is implied or conveyed by this provision. For the purposes of this provision, the term ``transfer'' shall mean the shifting of all or part of the budget authority in one account to another. In addition to transfers provided in this Act or other appropriations Acts, and existing authorities, such as the Economy Act (31 U.S.C. 1535), by which one part of the United States Government may provide goods or services to another part, the Act allows transfers using Section 4705 of the Atomic Energy Defense Act (50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR. The agreement includes a provision prohibiting funds to be used in contravention of the executive order entitled ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.'' The agreement includes a provision prohibiting the use of funds to establish or maintain a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, except for law enforcement investigation, prosecution, or adjudication activities. [[Page H3773]] [GRAPHIC] [TIFF OMITTED] TH01MY17.347 [[Page H3774]] [GRAPHIC] [TIFF OMITTED] TH01MY17.348 [[Page H3775]] [GRAPHIC] [TIFF OMITTED] TH01MY17.349 [[Page H3776]] [GRAPHIC] [TIFF OMITTED] TH01MY17.350 [[Page H3777]] [GRAPHIC] [TIFF OMITTED] TH01MY17.351 [[Page H3778]] [GRAPHIC] [TIFF OMITTED] TH01MY17.352 [[Page H3779]] [GRAPHIC] [TIFF OMITTED] TH01MY17.353 [[Page H3780]] [GRAPHIC] [TIFF OMITTED] TH01MY17.354 [[Page H3781]] [GRAPHIC] [TIFF OMITTED] TH01MY17.355 [[Page H3782]] DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2017 Language included in House Report 114-624 or Senate Report 114-280 that is not changed by this explanatory statement is approved. This explanatory statement, while repeating some report language for emphasis, is not intended to negate the language referenced in the House and Senate Committee reports unless expressly provided herein. Where the House or Senate has directed the submission of a report, that report is to be submitted to the Committees on Appropriations of both the House of Representatives and the Senate. TITLE I--DEPARTMENT OF THE TREASURY Departmental Offices SALARIES AND EXPENSES The bill provides $224,376,000 for departmental offices salaries and expenses. Within the amount provided under this heading, up to $24,000,000 is available until September 30, 2018, for the Treasury-wide Financial Statement Audit; information technology modernization; the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund; the development and implementation of programs within the Office of Critical Infrastructure Protection and Compliance Policy; and international operations. OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE SALARIES AND EXPENSES The bill provides $123,000,000 for the Office of Terrorism and Financial Intelligence, of which up to $28,000,000 is for administrative expenses and $5,000,000 is available until September 30, 2018. Economic Sanctions and Divestments.--The Department of the Treasury will fully implement sanctions and divestment measures applicable to the proliferation of weapons of mass destruction, terrorism, transnational organized crime, the Islamic State of Iraq and the Levant, Russia, Belarus, North Korea, Iran, Sudan, Syria, Venezuela, Zimbabwe, and designated rebel groups operating in and around the Democratic Republic of Congo. The Department will promptly notify the Committees on Appropriations of the House and Senate of any resource constraints that adversely impact the implementation of these sanctions programs. CYBERSECURITY ENHANCEMENT ACCOUNT The bill provides $47,743,000 for the Cybersecurity Enhancement Account. DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS (INCLUDING TRANSFER OF FUNDS) The bill provides $3,000,000 for the Department-Wide Systems and Capital Investments Programs. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES The bill provides $37,044,000 for the Office of Inspector General. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION SALARIES AND EXPENSES The bill provides $169,634,000 for salaries and expenses of the Treasury Inspector General for Tax Administration. SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM SALARIES AND EXPENSES The bill provides $41,160,000 for salaries and expenses of the Office of the Special Inspector General for the Troubled Asset Relief Program. Financial Crimes Enforcement Network SALARIES AND EXPENSES The bill includes $115,003,000 for salaries and expenses for the Financial Crimes Enforcement Network. Treasury Forfeiture Fund (RESCISSION) Of the unobligated balances available under this heading, $1,115,000,000 are rescinded, of which $314,000,000 are permanently rescinded. Bureau of the Fiscal Service SALARIES AND EXPENSES The bill provides $353,057,000 for salaries and expenses of the Bureau of the Fiscal Service, and provides $165,000 to be derived from the Oil Spill Liability Trust Fund to reimburse Fiscal Service personnel for financial management of the Fund. Within the amount provided in the bill, $4,210,000 is available until September 30, 2019, for information systems modernization. Alcohol and Tobacco Tax and Trade Bureau SALARIES AND EXPENSES The bill provides $111,439,000 for salaries and expenses of the Alcohol and Tobacco Tax and Trade Bureau. Within this amount, $5,000,000 is provided for costs associated with accelerating the processing of label and formula applications, and $5,000,000 is available until September 30, 2018 for the costs of enforcement of trade practice violations. United States Mint UNITED STATES MINT PUBLIC ENTERPRISE FUND The bill specifies that not more than $30,000,000 in new liabilities and obligations may be incurred during fiscal year 2017 for circulating coinage and protective service capital investments of the U.S. Mint. Community Development Financial Institutions Fund Program Account The bill provides $248,000,000 for the Community Development Financial Institutions (CDFI) Fund program. Within this amount, not less than $161,500,000 is for financial and technical assistance grants, of which up to $3,000,000 may be used to provide technical and financial assistance to CDFIs that fund projects to help individuals with disabilities; not less than $15,500,000 is for technical assistance and other purposes for Native American, Native Hawaiian, and Alaska Native communities; not less than $23,000,000 is for the Bank Enterprise Award program; not less than $22,000,000 is for the Healthy Food Financing Initiative; and up to $26,000,000 is for administrative expenses, of which $1,000,000 is for the development of information technology tools to better measure and assess CDFI investment performance, improve data quality, and enable more efficient allocation of CDFI Fund resources. The bill limits the total loan principal for the Bond Guarantee program to $500,000,000. CDFI Program Integration for Individuals with Disabilities.--In lieu of the House report language on CDFI program integration for individuals with disabilities, the agreement provides funds for financial and technical assistance grants that may be used to position more CDFIs to incorporate the needs of the disabled into their business plans and practices. If the Fund elects to issue grants in this manner, the Fund is directed to submit a report not later than the end of calendar year 2017 to the Committees on Appropriations of the House and Senate, the Committee on Financial Services of the House, and the Committee on Banking, Housing, and Urban Affairs of the Senate to include parameters for award issuance, a profile of CDFI participants competing for these funds, and metrics to be used by the Fund to track how funds are spent to support projects for individuals with disabilities. Not later than the end of fiscal year 2019, the CDFI Fund must submit a second report that includes the number of awards, amount of each award, and anticipated projects funded, if funds are dispersed for this purpose, as well as findings and recommendations related to the efficacy of award efforts and impacts on the disability community. Persistent Poverty.--As was previously enacted in fiscal year 2012, the bill requires that no less than 10 percent of funds are awarded to persistent poverty counties, using decennial census data from 1990, 2000, and 2010. The CDFI Fund previously used the American Community Survey (ACS) data, which was a subset of the decennial census, to fulfill this requirement, but the ACS has since been published separately from the decennial census. Therefore, the CDFI Fund may use the 2015 ACS data to fulfill this requirement. Internal Revenue Service TAXPAYER SERVICES The bill provides $2,156,554,000 for Internal Revenue Service (IRS) Taxpayer Services. Within the overall amount, not less than $8,890,000 is for the Tax Counseling for the Elderly program, not less than $12,000,000 is for low-income taxpayer clinic grants, and not less than $206,000,000 is provided for operating expenses of the IRS Taxpayer Advocate Service, of which not less than $5,000,000 is for identity theft casework. In addition, within the overall amount provided, not less than $15,000,000, available until September 30, 2018, is included for the Community Volunteer Income Tax Assistance matching grants program. ENFORCEMENT The bill provides $4,860,000,000 for Enforcement. OPERATIONS SUPPORT The bill provides $3,638,446,000 for Operations Support. BUSINESS SYSTEMS MODERNIZATION The bill provides $290,000,000 for Business Systems Modernization. ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE (INCLUDING TRANSFERS OF FUNDS) The bill includes the following provisions: Section 101 provides transfer authority. Section 102 requires the IRS to maintain an employee training program on topics such as taxpayers' rights. Section 103 requires the IRS to safeguard taxpayer information and to protect taxpayers against identity theft. Section 104 permits funding for 1-800 help line services for taxpayers and directs the Commissioner to make improving phone service a priority and to enhance response times. Section 105 prohibits funds for videos unless reviewed in advance by the IRS' Video Editorial Board for cost, topic, tone, and purpose. Section 106 requires the IRS to issue notices to employers of any address change request and to give special consideration to offers in compromise for taxpayers who have been victims of payroll tax preparer fraud. Section 107 prohibits the use of funds by the IRS to target United States citizens for exercising any right guaranteed under the First Amendment to the Constitution. Section 108 prohibits the use of funds by the IRS to target groups for regulatory scrutiny based on their ideological beliefs. Section 109 requires the IRS to comply with procedures and policies on conference spending in accordance with IRS policies [[Page H3783]] issued as a result of Treasury Inspector General for Tax Administration recommendations. Section 110 prohibits funds for giving bonuses to employees or hiring former employees without considering conduct and compliance with Federal tax law. Section 111 prohibits the IRS from using funds made available by this Act to contravene a provision of the Internal Revenue Code of 1986 related to the confidentiality and disclosure of returns and return information. Section 112 prohibits funds for pre-populated returns. Section 113 provides $290,000,000 to be used solely for measurable improvements in the customer service representative level of service rate, to improve the identification and prevention of refund fraud and identity theft, and to enhance cybersecurity to safeguard taxpayer data. None of the funds are to implement the Affordable Care Act and the Commissioner is required to submit a spend plan. ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY (INCLUDING TRANSFERS OF FUNDS) The bill includes the following provisions: Section 114 allows Treasury to use funds for certain specified expenses. Section 115 allows for the transfer of up to 2 percent of funds among various Treasury bureaus and offices. Section 116 allows for the transfer of up to 2 percent from the IRS accounts to the Treasury Inspector General for Tax Administration. Section 117 prohibits funding to redesign the $1 note. Section 118 allows for the transfer of funds from the Bureau of Fiscal Service-Salaries and Expenses to the Debt Collection Fund conditional on future reimbursement. Section 119 prohibits funds to build a United States Mint museum without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction. Section 120 prohibits funding for consolidating the functions of the United States Mint and the Bureau of Engraving and Printing without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction. Section 121 specifies that funds for Treasury intelligence activities are deemed to be specifically authorized until enactment of the fiscal year 2017 Intelligence Authorization Act. Section 122 permits the Bureau of Engraving and Printing to use up to $5,000 from the Industrial Revolving Fund for reception and representation expenses. Section 123 requires the Secretary to submit a Capital Investment Plan. Section 124 requires a Franchise Fund report. Section 125 requires the Department to submit a report on economic warfare and financial terrorism. Section 126 prohibits the Department from finalizing any regulation related to the standards used to determine the tax-exempt status of a 501(c)(4) organization. Section 127 requires the Office of Financial Research and Office of Financial Stability to submit quarterly reports. TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT The White House SALARIES AND EXPENSES The bill provides $55,214,000 for the salaries and expenses of the White House. Executive Residence at the White House OPERATING EXPENSES The bill provides $12,723,000 for the Executive Residence at the White House. White House Repair and Restoration The bill provides $750,000 for repair, alteration and improvement of the Executive Residence at the White House. Council of Economic Advisers SALARIES AND EXPENSES The bill provides $4,201,000 for salaries and expenses of the Council of Economic Advisers. National Security Council and Homeland Security Council SALARIES AND EXPENSES The bill provides $12,000,000 for salaries and expenses of the National Security Council and Homeland Security Council. Office of Administration SALARIES AND EXPENSES The bill provides $96,116,000 for salaries and expenses of the Office of Administration, of which not to exceed $12,760,000, to remain available until expended, is for information technology modernization. Further, the bill provides an additional $4,925,000, available until September 30, 2018, for additional physical security improvements. The Office is directed to brief the House and Senate Committees on Appropriations within 180 days of enactment on the use of funds. Presidential Transition Administrative Support (INCLUDING TRANSFER OF FUNDS) The bill provides $7,582,000 for costs associated with the change in Presidential administrations. The bill allows for the funds to be transferred to other accounts within the Executive Office of the President. Office of Management and Budget SALARIES AND EXPENSES The bill provides $95,000,000 for the salaries and expenses of the Office of Management and Budget. Office Of National Drug Control Policy SALARIES AND EXPENSES The bill provides $19,274,000 for salaries and expenses of the Office of National Drug Control Policy. FEDERAL DRUG CONTROL PROGRAMS HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (INCLUDING TRANSFERS OF FUNDS) The bill provides $254,000,000 for the High Intensity Drug Trafficking Areas Program. OTHER FEDERAL DRUG CONTROL PROGRAMS (INCLUDING TRANSFERS OF FUNDS) The bill provides $114,871,000 for Other Federal Drug Control Programs. The agreement allocates funds among specific programs as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Drug-Free Communities Program........................ 97,000,000 (Training)....................................... (2,000,000) Drug court training and technical assistance......... 2,000,000 Anti-Doping activities............................... 9,500,000 World Anti-Doping Agency (U.S. membership dues)...... 2,121,000 Discretionary Grants as authorized by P.L. 109-469, 1,250,000 section 1105........................................ Activities authorized by Section 103 of P.L. 114-198, 3,000,000 section 103......................................... ------------------------------------------------------------------------ Unanticipated Needs The bill provides $800,000 for unanticipated needs of the Administration. Information Technology Oversight And Reform (INCLUDING TRANSFER OF FUNDS) The bill provides $27,000,000 for information technology oversight and reform activities. Special Assistance to the President SALARIES AND EXPENSES The bill provides $4,228,000 for salaries and expenses to enable the Vice President to provide special assistance to the President. Official Residence Of The Vice President OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $299,000 for operating expenses for the official residence of the Vice President. Administrative Provisions--Executive Office of the President and Funds Appropriated to the President (INCLUDING TRANSFER OF FUNDS) The bill includes the following administrative provisions under this title: Section 201 provides transfer authority among various Executive Office of the President accounts. Section 202 requires the Office of Management and Budget (OMB) to report on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203). Section 203 requires the Director of the OMB to include a statement of budgetary impact with any Executive Order issued or revoked during fiscal year 2017 and for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000. TITLE III--THE JUDICIARY Supreme Court of the United States SALARIES AND EXPENSES The bill provides $76,668,000 for salaries and expenses of the Supreme Court. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief justice and associate justices of the court. CARE OF THE BUILDING AND GROUNDS The bill provides $14,868,000 for the care of the Supreme Court building and grounds. United States Court of Appeals for the Federal Circuit SALARIES AND EXPENSES The bill provides $30,108,000 for salaries and expenses of the United States Court of Appeals for the Federal Circuit. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court. United States Court of International Trade SALARIES AND EXPENSES The bill provides $18,462,000 for salaries and expenses of the United States Court of International Trade. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court. Courts of Appeals, District Courts, and Other Judicial Services SALARIES AND EXPENSES The bill provides $4,996,445,000 for salaries and expenses of the Courts of Appeals, District Courts, and Other Judicial Services. In addition, the bill provides mandatory costs as authorized by current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. The bill provides for the consolidation of district and bankruptcy clerks of courts offices within the District of Montana and District of Vermont. The bill also provides $6,510,000 from the Vaccine Injury Compensation Trust Fund. DEFENDER SERVICES The bill provides $1,044,647,000 for Defender Services. The bill includes a $2 increase to [[Page H3784]] the hourly non-capital panel attorney rate above the COLA- adjusted level. FEES OF JURORS AND COMMISSIONERS The bill provides $39,929,000 for Fees of Jurors and Commissioners. COURT SECURITY (INCLUDING TRANSFERS OF FUNDS) The bill provides $565,388,000 for Court Security. Administrative Office of the United States Courts SALARIES AND EXPENSES The bill provides $87,500,000 for salaries and expenses of the Administrative Office of the United States Courts. Federal Judicial Center SALARIES AND EXPENSES The bill provides $28,335,000 for salaries and expenses of the Federal Judicial Center. United States Sentencing Commission SALARIES AND EXPENSES The bill provides $18,100,000 for salaries and expenses of the United States Sentencing Commission. Administrative Provisions--The Judiciary (INCLUDING TRANSFER OF FUNDS) The bill includes the following administrative provisions: Section 301 makes funds appropriated for salaries and expenses available for services authorized by 5 U.S.C. 3109. Section 302 provides transfer authority among Judiciary appropriations. Section 303 permits not more than $11,000 to be used for official reception and representation expenses of the Judicial Conference. Section 304 extends through fiscal year 2017 the delegation of authority to the Judiciary for contracts for repairs of less than $100,000. Section 305 continues a pilot program where the United States Marshals Service provides perimeter security services at selected courthouses. Section 306 extends temporary judgeships in the eastern district of Missouri, Kansas, Arizona, the central district of California, the northern district of Alabama, the southern district of Florida, New Mexico, the western district of North Carolina, and the eastern district of Texas. Section 307 extends temporary bankruptcy judgeships in Virginia, Michigan, Puerto Rico, Delaware, and Florida. TITLE IV--DISTRICT OF COLUMBIA Federal Funds FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT The bill provides $40,000,000 for District of Columbia resident tuition support. FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA The bill provides $34,895,000 for emergency planning and security costs in the District of Columbia, of which $19,995,000 is for costs associated with the Presidential Inauguration. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS The bill provides $274,611,000 for the District of Columbia courts. Within the amount provided, $14,359,000 is for the District of Columbia Court of Appeals; $125,380,000 is for the Superior Court of the District of Columbia; $75,184,000 is for the District of Columbia Court System; and $59,688,000 is available until September 30, 2018 for capital improvements for District of Columbia court facilities. FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS The bill provides $49,890,000 for defender services in District of Columbia Courts. FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA The bill provides $248,008,000 to the Court Services and Offender Supervision Agency for the District of Columbia. Within the amount provided, $182,721,000 is for the Community Supervision Program and sex offender registration; and $65,287,000 is for the Pretrial Services Agency for the District of Columbia, of which $1,800,000 is available until September 30, 2018, for costs associated with IT improvements for a comprehensive in-house synthetics testing program. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE The bill provides $41,829,000 for the District of Columbia Public Defender Service. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY The bill provides $14,000,000 for the District of Columbia Water and Sewer Authority. FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL The bill provides $2,000,000 for the Criminal Justice Coordinating Council. FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS The bill provides $585,000 for Judicial Commissions. Within the amount provided, $310,000 is for the Commission on Judicial Disabilities and Tenure, and $275,000 is for the Judicial Nomination Commission. FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT The bill provides $45,000,000 for school improvement in the District of Columbia in accordance with the provisions of the Scholarships for Opportunity and Results Act (SOAR Act). Of that amount, $3,200,000 is for administrative expenses and evaluation costs. FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD The bill provides $450,000 for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS The bill provides $5,000,000 for the purpose of HIV/AIDS testing and treatment. District of Columbia Funds The bill provides authority for the District of Columbia to spend its local funds in accordance with the Fiscal Year 2017 Budget Request Act of 2016. TITLE V--INDEPENDENT AGENCIES Administrative Conference of the United States SALARIES AND EXPENSES The bill provides $3,100,000, to remain available until September 30, 2018, for the Administrative Conference of the United States. Commodity Futures Trading Commission The bill provides $250,000,000 for the Commodity Futures Trading Commission. Within the amount provided, $50,000,000 is available--until September 30, 2018, for the purchase of information technology. The agreement directs the Commission to continue to look for savings in its leasing costs, including the subleasing of excess space. The Commission has taken administrative action to delay the de minimis threshold phase-in termination date--until December 31, 2018. The agency is encouraged to continue consideration of this issue. Consumer Product Safety Commission SALARIES AND EXPENSES The bill includes $126,000,000 for the Consumer Product Safety Commission. Within the amount provided, $1,300,000 is available until expended, for the pool and spa safety grants program established by the Virginia Graeme Baker Pool and Spa Safety Act. Voluntary Recalls and Public Disclosure.--The bill does not adopt House report language regarding voluntary recalls and public disclosures of information. Advisory Committees.--The bill does not adopt House report language establishing advisory committees. ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION Section 501 prohibits funds from being used in fiscal year 2017 to finalize or implement the proposed rule on recreational off-highway vehicles until a study is completed by the National Academy of Sciences. Election Assistance Commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $9,600,000 for salaries and expenses of the Election Assistance Commission, of which $1,400,000 is transferred to the National Institute of Standards and Technology. Federal Communications Commission SALARIES AND EXPENSES The bill provides $339,844,000 for salaries and expenses of the Federal Communications Commission (FCC). In addition, the bill provides $16,866,992 for moving expenses. The bill provides that $356,710,992 be derived from offsetting collections, resulting in no net appropriation. Fines.--The agreement adopts language in the House report regarding the collection of monetary penalties; however, in lieu of a quarterly report, the Commission is directed to provide this report no later than September 1, 2017. Broadband Connectivity on Tribal Lands.--In lieu of the Senate report language on tribal consultation, the agreement adopts the following language: Significant concerns remain about the lack of access to broadband services on tribal lands. The Commission is directed to set interim goals and performance measures for increasing access to broadband on tribal lands, and the agreement recommends $300,000 to support consultation with federally recognized Indian tribes, Alaska Native villages, and entities related to Hawaiian home lands. ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION The bill includes the following administrative provisions for the Federal Communications Commission: Section 510 extends an exemption for the Universal Service Fund. Section 511 prohibits the FCC from changing rules governing the Universal Service Fund regarding single connection or primary line restrictions. Federal Deposit Insurance Corporation OFFICE OF THE INSPECTOR GENERAL The bill provides a transfer of $35,958,000 to fund the Office of Inspector General (OIG) for the Federal Deposit Insurance Corporation. The OIG's appropriations are derived from the Deposit Insurance Fund and the Federal Savings and Loan Insurance Corporation Resolution Fund. Federal Election Commission SALARIES AND EXPENSES The bill provides $79,119,000 for salaries and expenses of the Federal Election Commission, of which $8,000,000 is available until September 30, 2018 for costs associated with expiring facility leases. Federal Labor Relations Authority SALARIES AND EXPENSES The bill provides $26,200,000 for the Federal Labor Relations Authority. [[Page H3785]] Federal Trade Commission SALARIES AND EXPENSES The bill provides $313,000,000 for salaries and expenses of the Federal Trade Commission. This appropriation is partially offset by premerger filing and Telemarketing Sales Rule fees estimated at $125,000,000 and $15,000,000, respectively. General Services Administration Land Border Partnerships.--The agreement adopts language in the Senate report directing the General Services Administration (GSA) to submit a report on improvements to donation and gift agreements for land border partnerships. GSA is directed to provide this report within 120 days of enactment of this Act. REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND LIMITATIONS ON AVAILABILITY OF REVENUE (INCLUDING TRANSFERS OF FUNDS) The bill provides resources from the General Services Administration (GSA) Federal Buildings Fund totaling $8,845,147,000. Construction and Acquisition.--The bill provides $5,749,000 for construction and acquisition for the United States Department of Agriculture Animal and Plant Health Inspection Service facility, Pembina, North Dakota. In addition, the bill provides $200,000,000 for the Federal Bureau of Investigation headquarters consolidation. It is the intent of Congress to provide funding in fiscal year 2018 necessary for the project to proceed expeditiously. Repairs and Alterations.--The bill provides $676,035,000 for repairs and alterations. Funds are provided in the amounts indicated: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Major Repairs and Alterations........................ $289,245,000 Basic Repairs and Alterations........................ $312,090,000 Judiciary Capital Security Program................... $26,700,000 Consolidation Activities............................. $48,000,000 ------------------------------------------------------------------------ For Major Repairs and Alterations, GSA is directed to submit a spending plan, by project, as specified in Section 526 of this Act to the Committees on Appropriations of the House and Senate (Committees) and to provide notification to the Committees, within 15 days prior to any changes in the use of these funds. The agreement provides no funding for the Fire and Life Safety Program and Energy and Water Retrofit and Conservation Measures. Rental of Space.--The bill provides $5,628,363,000 for rental of space. Building Operations.--The bill provides $2,335,000,000 for building operations. Within this amount, $1,184,240,000 is for building services and $1,150,760,000 is for salaries and expenses. Up to five percent of the funds may be transferred between these activities upon the advance notification to Committees. GENERAL ACTIVITIES GOVERNMENT-WIDE POLICY The bill provides $60,000,000 for General Services Administration government-wide policy activities. GSA is directed to spend not less than $2,000,000 on the Unified Shared Services Management Office. OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $58,541,000 for operating expenses. Within the amount provided under this heading, the bill provides $25,869,000 for Real and Personal Property Management and Disposal, $23,397,000 for the Office of the Administrator, and $9,275,000 for the Civilian Board of Contract Appeals. Up to five percent of the funds for the Office of the Administrator may be transferred to Real and Personal Property Management and Disposal upon the advance notification to the Committees on Appropriations of the House and Senate. OFFICE OF INSPECTOR GENERAL The bill provides $65,000,000 for the Office of Inspector General. ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS The bill provides $3,865,000 for allowances and office staff for former Presidents. EXPENSES, PRESIDENTIAL TRANSITION (INCLUDING TRANSFER OF FUNDS) The bill provides $9,500,000 for presidential transition expenses. FEDERAL CITIZEN SERVICES FUND (INCLUDING TRANSFERS OF FUNDS) The bill provides $55,894,000 for deposit into the Federal Citizen Services Fund (the Fund) and authorizes use of appropriations, revenues and collections in the Fund in an aggregate amount not to exceed $100,000,000. Any deviation from the spending plan required for Electronic Government projects shall require a notification within 30 days to the Committees on Appropriations of the House and Senate. ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION (INCLUDING RESCISSION AND TRANSFER OF FUNDS) The bill includes the following provisions: Section 520 specifies that funds are available for hire of motor vehicles. Section 521 authorizes transfers within the Federal Buildings Fund, with advance approval of the Committees on Appropriations of the House and Senate. Section 522 requires transmittal of a fiscal year 2018 request for courthouse construction that meets design guide standards, reflects the priorities in the Judicial Conference's 5-year construction plan, and includes a standardized courtroom utilization study. Section 523 specifies that funds in this Act may not be used to increase the amount of occupiable space or provide services such as cleaning or security for any agency that does not pay the rental charges assessed by GSA. Section 524 permits GSA to pay certain construction-related claims against the Federal Government from savings achieved in other projects. Section 525 requires that the delineated area of procurement for leased space match the approved prospectus, unless the Administrator provides an explanatory statement to the appropriate congressional committees. Section 526 requires a spending plan for certain accounts and programs. Section 527 rescinds prior year unobligated balances from the Civilian Cyber Campus project funded in Public Law 113- 235. Harry S Truman Scholarship Foundation SALARIES AND EXPENSES The bill provides $1,000,000 for payment to the Harry S Truman Scholarship Foundation Trust Fund. Merit Systems Protection Board SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $47,131,000, to remain available until September 30, 2018, for salaries and expenses of the Merit Systems Protection Board. Within the amount provided, $44,786,000 is a direct appropriation and $2,345,000 is a transfer from the Civil Service Retirement and Disability Fund to adjudicate retirement appeals. Morris K. Udall and Stewart L. Udall Foundation MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) The bill provides $1,895,000 for payment to the Morris K. Udall and Stewart L. Udall Trust Fund, of which $200,000 is transferred to the Office of Inspector General of the Department of the Interior to conduct audits and investigations. ENVIRONMENTAL DISPUTE RESOLUTION FUND The bill provides $3,249,000 for payment to the Environmental Dispute Resolution Fund. National Archives and Records Administration OPERATING EXPENSES The bill provides $380,634,000 for the operating expenses of the National Archives and Records Administration (NARA). OFFICE OF INSPECTOR GENERAL The bill provides $4,801,000 for the Office of Inspector General of the National Archives and Records Administration. REPAIRS AND RESTORATION The bill provides $7,500,000 for repairs and restoration. NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM The bill provides $6,000,000 for the National Historical Publications and Records Commission grants program. National Credit Union Administration COMMUNITY DEVELOPMENT REVOLVING LOAN FUND The bill provides $2,000,000 for the Community Development Revolving Loan Fund. Office of Government Ethics SALARIES AND EXPENSES The bill provides $16,090,000 for salaries and expenses of the Office of Government Ethics. Office of Personnel Management SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) The bill provides $259,000,000 for salaries and expenses of the Office of Personnel Management (OPM). Within the amount provided, $119,000,000 is a direct appropriation and $140,000,000 is a transfer from OPM trust funds. The bill provides $11,000,000 for OPM to improve information technology (IT) security and infrastructure. OPM is directed to provide quarterly briefings to the Committees on Appropriations of the House and Senate outlining progress on its infrastructure improvement project to increase network security and migrate legacy systems, including the Consolidated Business Information Systems. Prior to obligating the $11,000,000 for IT security improvements, OPM is directed to consult with the Office of Management and Budget, the U.S. Digital Service, and the Department of Homeland Security regarding the plan of expenditure of funds and the modernization project. The OPM IG is to review and comment upon this plan within 90 days. OPM shall report, within 180 days after enactment of this Act, on Retirement Services customer service staff increases, as a result of funding provided, including call and email handling rate as well as average processing time. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) The bill provides $30,184,000 for salaries and expenses of the Office of Inspector General. Within the amount provided, $5,072,000 is a direct appropriation and $25,112,000 is a transfer from OPM trust funds. Office of Special Counsel SALARIES AND EXPENSES The bill includes $24,750,000 for the salaries and expenses of the Office of Special Counsel. [[Page H3786]] Postal Regulatory Commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $16,200,000 for salaries and expenses of the Postal Regulatory Commission. Privacy and Civil Liberties Oversight Board SALARIES AND EXPENSES The bill provides $10,100,000 for salaries and expenses of the Privacy and Civil Liberties Oversight Board. Securities and Exchange Commission SALARIES AND EXPENSES The bill provides $1,605,000,000 for the Securities and Exchange Commission (SEC). The bill provides $72,049,000 for the Division of Economic and Risk Analysis, and stipulates that $1,605,000,000 be derived from offsetting collections resulting in no net appropriation. The bill provides that the SEC Office of Inspector General shall receive no less than $14,700,000. The agreement does not include a section pertaining to electronic delivery of shareholder reports. The SEC did not adopt proposed rule 30e-3 when the Commission adopted the new rules and forms to modernize reporting and the disclosure of information by registered investment companies. Selective Service System SALARIES AND EXPENSES The bill provides $22,900,000 for salaries and expenses of the Selective Service System. Small Business Administration SALARIES AND EXPENSES The bill provides $269,500,000 for salaries and expenses of the Small Business Administration (SBA). Credit Elsewhere.--The agreement adopts language in the House report regarding credit elsewhere; however, in lieu of a report due 120 days after enactment, GAO is directed to provide this report no later than one year after the date of enactment. ENTREPRENEURIAL DEVELOPMENT PROGRAMS The bill provides $245,100,000 for SBA Entrepreneurial Development Programs. The SBA shall not reduce these amounts and shall not merge any of the entrepreneurial development programs without the advance written approval from the Committees on Appropriations of the House and Senate. ------------------------------------------------------------------------ Project ($000) ------------------------------------------------------------------------ 7(j) Technical Assistance Program (Contracting 2,800 Assistance)............................................ Entrepreneurship Education.............................. 10,000 Growth Accelerators..................................... 1,000 HUBZone Program......................................... 3,000 Microloan Technical Assistance.......................... 31,000 National Women's Business Council....................... 1,500 Native American Outreach................................ 2,000 PRIME Technical Assistance.............................. 5,000 Regional Innovation Clusters............................ 5,000 SCORE................................................... 10,500 Small Business Development Centers (SBDC)............... 125,000 State Trade Expansion Program (STEP).................... 18,000 Veterans Outreach....................................... 12,300 Women's Business Centers (WBC).......................... 18,000 ------------------------------------------------------------------------ Total, Entrepreneurial Development Programs......... 245,100 ------------------------------------------------------------------------ OFFICE OF INSPECTOR GENERAL The bill provides $19,900,000 for the Office of Inspector General of the Small Business Administration. OFFICE OF ADVOCACY The bill provides $9,220,000 for the Office of Advocacy. BUSINESS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The bill provides $157,064,000 for the Business Loans Program Account. Of the amount provided, $4,338,000 is for the cost of direct loans in the microloan program, and $152,726,000 is for administrative expenses to carry out the direct and guaranteed loan programs which may be transferred to and merged with Salaries and Expenses. The bill provides a $27,500,000,000 cap for SBA 7(a) loans. DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The bill includes $185,977,000 for the administrative costs of the Disaster Loans Program Account. ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION (INCLUDING RESCISSION AND TRANSFER OF FUNDS) The bill includes the following administrative provisions for the Small Business Administration: Section 530 concerns transfer authority and availability of funds. Section 531 rescinds prior year unobligated balances related to business loan subsidy programs that are now zero subsidy. United States Postal Service PAYMENT TO THE POSTAL SERVICE FUND The bill provides $34,658,000 for payment to the Postal Service Fund. Office of Inspector General SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $253,600,000 for the Office of Inspector General. UNITED STATES TAX COURT SALARIES AND EXPENSES The bill provides $51,226,000 for salaries and expenses of the United States Tax Court. TITLE VI--GENERAL PROVISIONS--THIS ACT (INCLUDING RESCISSION) The bill includes the following provisions: Section 601 prohibits paying expenses or otherwise compensating non-Federal parties in regulatory or adjudicatory proceedings funded in this Act. Section 602 prohibits obligations beyond the current fiscal year and transfers of funds unless expressly so provided herein. Section 603 limits consulting service expenditures to contracts where such expenditures are a matter of public record, with exceptions. Section 604 prohibits funds from being transferred to any department, agency, or instrumentality of the United States without express authority provided in this or any other appropriations Act. Section 605 prohibits the use of funds to engage in activities that would prohibit the enforcement of section 307 of the 1930 Tariff Act. Section 606 prohibits funds from being expended unless the recipient agrees to comply with the Buy American Act. Section 607 prohibits funding to a person or entity convicted of violating the Buy American Act. Section 608 provides reprogramming authority and requires agencies to submit operating plans to the Committees on Appropriations of the House and Senate. Section 609 provides that not to exceed 50 percent of unobligated balances from salaries and expenses may remain available for certain purposes. Section 610 prohibits funds for the Executive Office of the President to request either a Federal Bureau of Investigation background investigation, except with the express consent of the individual involved in an investigation or in extraordinary circumstances involving national security, or an Internal Revenue Service determination with respect to section 501(a) of the Internal Revenue Code of 1986. Section 611 provides that cost accounting standards not apply to a contract under the Federal Employees Health Benefits Program. Section 612 permits the Office of Personnel Management to accept funds related to nonforeign area cost-of-living allowances. Section 613 prohibits the expenditure of funds for abortions under the Federal Employees Health Benefits Program. Section 614 provides an exemption from section 613 if the life of the mother is in danger or the pregnancy is a result of an act of rape or incest. Section 615 waives certain restrictions on the purchase of non-domestic articles, materials, and supplies for information technology acquired by the Federal Government. Section 616 prohibits the acceptance by any regulatory agency or commission funded by this Act, or by their officers or employees, of payment or reimbursement for travel, subsistence, or related expenses from any person or entity, or their representative, that engages in activities regulated by such agency or commission. Section 617 permits the Securities and Exchange Commission and Commodity Futures Trading Commission to fund a joint advisory committee to advise on emerging regulatory issues, notwithstanding section 708 of this Act. Section 618 requires agencies covered by this Act with independent leasing authority to consult with the General Services Administration before seeking new office space or making alterations to existing office space. Section 619 provides funding for several appropriated mandatory accounts. These are accounts where authorizing language requires the payment of funds. The budget request assumes the following estimated cost for the programs addressed in this provision: $450,000 for Compensation of the President including $50,000 for expenses, $161,000,000 for the Judicial Retirement Funds (Judicial Officers' Retirement Fund, Judicial Survivors' Annuities Fund, and the United States Court of Federal Claims Judges' Retirement Fund), $12,699,000,000 for the Government Payment for Annuitants, Employee Health Benefits, $47,000,000 for the Government Payment for Annuitants, Employee Life Insurance, and $8,469,000,000 for the Payment to the Civil Service Retirement and Disability Fund. Section 620 provides authority for the Public Company Accounting Oversight Board to obligate funds for a scholarship program. Section 621 prohibits funds for the Federal Trade Commission to complete the draft report on food marketed to children unless certain requirements are met. Section 622 prohibits funds for certain positions. Section 623 prevents conflicts of interest by prohibiting contractor security clearance-related background investigators from undertaking final Federal reviews of their own work. Section 624 provides authority for Chief Information Officers over information technology spending. Section 625 prohibits funds from being used in contravention of the Federal Records Act. Section 626 prohibits agencies from requiring Internet Service Providers (ISPs) to disclose electronic communications information in a manner that violates the Fourth Amendment. Section 627 prohibits any modification of Universal Service Fund rules related to Mobility Fund Phase II. Section 628 prohibits funds to be used to deny Inspectors General access to records, documents, or other materials. Section 629 prohibits the termination or modification of a Joint Sales Agreement as a condition for sale of a license or transfer of ownership. [[Page H3787]] Section 630 requires the Office of Management and Budget (OMB) to submit a cybersecurity report. Section 631 dissolves the Christopher Columbus Fellowship Foundation (CCFF) as a Federal agency within one year of enactment of this Act. Section 632 prohibits any funds made available in this Act from being used to establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Section 633 requires the Office of Personnel Management (OPM) to offer 10 years of credit monitoring and identity protection to individuals affected by the data breaches. OPM shall report annually to the Committees on Appropriations of both the House of Representatives and the Senate on the cost of implementation of this provision. Section 634 rescinds $25,000,000 from the Securities and Exchange Commission Reserve Fund established by the Dodd- Frank Wall Street Reform and Consumer Protection Act. Section 635 prohibits the Securities and Exchange Commission to require the disclosure of political contributions to tax exempt organizations, or dues paid to trade associations. TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE Departments, Agencies, and Corporations (INCLUDING TRANSFER OF FUNDS) The bill includes the following provisions: Section 701 requires all agencies to have a written policy for ensuring a drug-free workplace. Section 702 sets specific limits on the cost of passenger vehicles with exceptions for police, protective, heavy duty, electric hybrid and clean fuels vehicles. Section 703 makes appropriations available for quarters and cost-of-living allowances. Section 704 prohibits the use of appropriated funds to compensate officers or employees of the Federal Government in the continental United States unless they are citizens of the United States or qualify under other specified exceptions. Section 705 ensures that appropriations made available to any department or agency for space, services and rental charges shall also be available for payment to the General Services Administration. Section 706 allows the use of receipts from the sale of materials for acquisition, waste reduction and prevention, environmental management programs and other Federal employee programs as appropriate. Section 707 allows funds for administrative expenses of government corporations and certain agencies to also be available for rent in the District of Columbia, services under 5 U.S.C. 3109, and the objects specified under this head. Section 708 prohibits funds for interagency financing of boards (with exception), commissions, councils, committees or similar groups to receive multi-agency funding without prior statutory approval. Section 709 precludes funds for regulations which have been disapproved by joint resolution. Section 710 limits the amount of funds that can be used for redecoration of offices under certain circumstances to $5,000, unless advance notice is transmitted to the Committees on Appropriations of the House and Senate. Section 711 allows for interagency funding of national security and emergency preparedness telecommunications initiatives. Section 712 requires agencies to certify that a Schedule C appointment was not created solely or primarily to detail the employee to the White House. Section 713 prohibits the salary payment of any employee who prohibits, threatens, prevents or otherwise penalizes another employee from communicating with Congress. Section 714 prohibits Federal employee training not directly related to the performance of official duties. Section 715 prohibits executive branch agencies from using funds for propaganda or publicity purposes in support or defeat of legislative initiatives. Section 716 prohibits any Federal agency from disclosing an employee's home address to any labor organization, absent employee authorization or court order. Section 717 prohibits funds to be used to provide non- public information such as mailing, electronic mailing, or telephone lists to any person or organization outside the government without the approval of the Committees on Appropriations of the House and Senate. Section 718 prohibits the use of funds for propaganda and publicity purposes not authorized by Congress. Section 719 directs agency employees to use official time in an honest effort to perform official duties. Section 720 authorizes the use of funds to finance an appropriate share of the Federal Accounting Standards Advisory Board administrative costs. Section 721 authorizes the transfer of funds to the General Services Administration to finance an appropriate share of various government-wide boards and councils and for Federal Government Priority Goals under certain conditions. Section 722 permits breastfeeding in a Federal building or on Federal property if the woman and child are authorized to be there. Section 723 permits interagency funding of the National Science and Technology Council and requires the Office of Management and Budget to provide a report to the House and Senate on the budget and resources of the National Science and Technology Council. Section 724 requires that the Federal forms that are used in distributing Federal funds to a State must indicate the agency providing the funds, the Federal Domestic Assistance Number, and the amount provided. Section 725 prohibits Federal agencies from monitoring individuals' internet use. Section 726 requires health plans participating in the Federal Employees Health Benefits Program to provide contraceptive coverage and provides exemptions to certain religious plans. Section 727 recognizes the United States is committed to ensuring the health of the Olympic, Pan American and Paralympic athletes, and supports the strict adherence to antidoping in sport activities. Section 728 allows funds for official travel to be used by departments and agencies, if consistent with OMB and Budget Circular A-126, to participate in the fractional aircraft ownership pilot program. Section 729 prohibits funds for implementation of the Office of Personnel Management regulations limiting detailees to the Legislative Branch or implementing limitations on the Coast Guard Congressional Fellowship Program. Section 730 restricts the use of funds for Federal law enforcement training facilities with an exception for the Federal Law Enforcement Training Center. Section 731 prohibits executive branch agencies from creating prepackaged news stories that are broadcast or distributed in the United States unless the story includes a clear notification within the text or audio of that news story that the prepackaged news story was prepared or funded by that executive branch agency. Section 732 prohibits funds from being used in contravention of the Privacy Act or associated regulations. Section 733 prohibits funds in this or any other Act to be used for Federal contracts with inverted domestic corporations, unless the contract preceded this Act or the Secretary grants a waiver in the interest of national security. Section 734 requires agencies to pay a fee to the Office of Personnel Management for processing retirements of employees who separate under Voluntary Early Retirement Authority or who receive Voluntary Separation Incentive Payments. Section 735 prohibits funds to require any entity submitting an offer for a Federal contract to disclose political contributions. Section 736 prohibits funds for the painting of a portrait of an employee of the Federal government including the President, the Vice President, a Member of Congress, the head of an executive branch agency, or the head of an office of the legislative branch. Section 737 limits the pay increases of certain prevailing rate employees. Section 738 eliminates automatic statutory pay increases for the Vice President, political appointees paid under the executive schedule, ambassadors who are not career members of the Foreign Service, politically appointed (noncareer) Senior Executive Service employees, and any other senior political appointee paid at or above level IV of the executive schedule. Section 739 requires reports to Inspectors General concerning expenditures for agency conferences. Section 740 prohibits the use of funds to increase, eliminate, or reduce a program or project unless such change is made pursuant to reprogramming or transfer provisions. Section 741 prohibits agencies from using funds to implement regulations changing the competitive areas under reductions-in-force for Federal employees. Section 742 prohibits funds to begin or announce a study or public-private competition regarding conversion to contractor performance pursuant to OMB Circular A-76. Section 743 ensures that contractors are not prevented from reporting waste, fraud, or abuse by signing confidentiality agreements that would prohibit such disclosure. Section 744 prohibits the expenditure of funds for the implementation of certain nondisclosure agreements unless certain provisions are included in the agreements. Section 745 prohibits funds to any corporation with certain unpaid Federal tax liabilities unless an agency has considered suspension or debarment of the corporation and made a determination that further action is not necessary to protect the interests of the Government. Section 746 prohibits funds to any corporation that was convicted of a felony criminal violation within the preceding 24 months unless an agency has considered suspension or debarment of the corporation and made a determination that further action is not necessary to protect the interests of the Government. Section 747 requires the Bureau of Consumer Financial Protection to notify the Committees on Appropriations of the House and Senate, the Committee on Financial Services of the House, and the Committee on Banking, Housing, and Urban Affairs of the Senate of requests for a transfer of funds from the Board of Governors of the Federal Reserve System as well as post any such notifications on the Bureau's website. Budget Briefing.--Given the need for transparency and accountability in the Federal budgeting process, and that the Bureau of Consumer Financial Protection's budget is funded independently of the annual appropriations spending bills, the Bureau is directed to provide an informal, nonpublic full briefing at least annually before the relevant [[Page H3788]] subcommittee of the Committees on Appropriations of the House and Senate on the Bureau's finances and expenditures. All other directive report language regarding the Bureau of Consumer Financial Protection is not adopted. Section 748 prohibits funds for implementing Executive Order 13690 with certain exceptions. Section 749 declares references to this Act contained in any title other than title IV or VIII shall not apply to such titles IV or VIII. TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA (INCLUDING TRANSFERS OF FUNDS) The bill includes the following general provisions for the District of Columbia: Section 801 allows the use of local funds for making refunds or paying judgments against the District of Columbia government. Section 802 prohibits the use of Federal funds for publicity or propaganda designed to support or defeat legislation before Congress or any State legislature. Section 803 establishes reprogramming procedures for Federal funds. Section 804 prohibits the use of Federal funds for the salaries and expenses of a shadow U.S. Senator or U.S. Representative. Section 805 places restrictions on the use of District of Columbia government vehicles. Section 806 prohibits the use of Federal funds for a petition or civil action which seeks to require voting rights for the District of Columbia in Congress. Section 807 prohibits the use of Federal funds in this Act to distribute, for the purpose of preventing the spread of blood borne pathogens, sterile needles or syringes in any location that has been determined by local public health officials or local law enforcement authorities to be inappropriate for such distribution. Section 808 concerns a conscience clause on legislation that pertains to contraceptive coverage by health insurance plans. Section 809 prohibits the use of Federal funds to enact or carry out any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative. In addition, section 809 prohibits the use of Federal and local funds to enact any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative for recreational purposes. Section 810 prohibits the use of funds for abortion except in the cases of rape or incest or if necessary to save the life of the mother. Section 811 requires the CFO to submit a revised operating budget no later than 30 calendar days after the enactment of this Act for agencies the CFO certifies as requiring a reallocation in order to address unanticipated program needs. Section 812 requires the CFO to submit a revised operating budget for the District of Columbia Public Schools, no later than 30 calendar days after the enactment of this Act, that aligns schools budgets to actual enrollment. Section 813 allows for transfers of local funds between operating funds and capital and enterprise funds. Section 814 prohibits the obligation of Federal funds beyond the current fiscal year and transfers of funds unless expressly provided herein. Section 815 provides that not to exceed 50 percent of unobligated balances from Federal appropriations for salaries and expenses may remain available for certain purposes. This provision will apply to the District of Columbia Courts, the Court Services and Offender Supervision Agency and the District of Columbia Public Defender Service. Section 816 appropriates local funds during fiscal year 2018 if there is an absence of a continuing resolution or regular appropriation for the District of Columbia. Funds are provided under the same authorities and conditions and in the same manner and extent as provided for fiscal year 2017. Section 817 specifies that references to this Act in this title or title IV are treated as referring only to the provisions of this title and title IV. TITLE IX--SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT The agreement includes the reauthorization of the Scholarships for Opportunity and Results Act. This division may be cited as ``Financial Services and General Government Appropriations Act, 2017.'' [[Page H3789]] [GRAPHIC] [TIFF OMITTED] TH01MY17.356 [[Page H3790]] [GRAPHIC] [TIFF OMITTED] TH01MY17.357 [[Page H3791]] [GRAPHIC] [TIFF OMITTED] TH01MY17.358 [[Page H3792]] [GRAPHIC] [TIFF OMITTED] TH01MY17.359 [[Page H3793]] [GRAPHIC] [TIFF OMITTED] TH01MY17.360 [[Page H3794]] [GRAPHIC] [TIFF OMITTED] TH01MY17.361 [[Page H3795]] [GRAPHIC] [TIFF OMITTED] TH01MY17.362 [[Page H3796]] [GRAPHIC] [TIFF OMITTED] TH01MY17.363 [[Page H3797]] [GRAPHIC] [TIFF OMITTED] TH01MY17.364 [[Page H3798]] [GRAPHIC] [TIFF OMITTED] TH01MY17.365 [[Page H3799]] [GRAPHIC] [TIFF OMITTED] TH01MY17.366 [[Page H3800]] [GRAPHIC] [TIFF OMITTED] TH01MY17.367 [[Page H3801]] [GRAPHIC] [TIFF OMITTED] TH01MY17.368 [[Page H3802]] [GRAPHIC] [TIFF OMITTED] TH01MY17.369 [[Page H3803]] [GRAPHIC] [TIFF OMITTED] TH01MY17.370 [[Page H3804]] [GRAPHIC] [TIFF OMITTED] TH01MY17.371 [[Page H3805]] [GRAPHIC] [TIFF OMITTED] TH01MY17.372 [[Page H3806]] [GRAPHIC] [TIFF OMITTED] TH01MY17.373 [[Page H3807]] DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2017 The following is an explanation of Division F, which makes appropriations for the Department of Homeland Security (DHS) for fiscal year 2017. Funding provided in this Act not only sustains existing programs that protect the nation from all manner of threats, it ensures DHS's ability to improve preparedness at the federal, state, and local levels, to prevent and respond to terrorist attacks, and to hire, train, and equip DHS frontline forces protecting the homeland. Unless otherwise noted, references to the House and Senate reports are to House Report 114-668 and Senate Report 114- 264, respectively. The language and allocations contained in the House and Senate reports carry the same weight as language included in this explanatory statement unless specifically addressed to the contrary in the bill or this explanatory statement. While this explanatory statement repeats some language from the House or Senate reports for emphasis, it does not negate the language contained in those reports unless expressly stated. When this explanatory statement refers to the Committees or the Committees on Appropriations, these references are to the House Appropriations Subcommittee on Homeland Security and the Senate Appropriations Subcommittee on Homeland Security. This explanatory statement refers to certain laws and organizations as follows: the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53, is referenced as the 9/11 Act; the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, is referenced as the Stafford Act; the Department of Homeland Security is referenced as DHS or the Department; the Government Accountability Office is referenced as GAO; and the Office of Inspector General of the Department of Homeland Security is referenced as OIG. In addition, ``full-time equivalents'' are referred to as FTE; ``full-time positions'' are referred to as FTP; ``Information Technology'' is referred to as IT; the DHS ``Working Capital Fund'' is referred to as WCF; ``program, project, and activity'' is referred to as PPA; and any reference to ``the Secretary'' should be interpreted to mean the Secretary of the Department of Homeland Security. On March 16, 2017, the President delivered a budget amendment to the Congress that requested an additional $3,000,000,000 for DHS to strengthen border security and enhance enforcement of immigration laws. Appropriations related to that request are included in title VI of this division. Changes to the Structure of the Bill and Report Since DHS was established in 2002, the 22 agencies that were consolidated into a single department have formulated and executed their respective budgets using their legacy appropriation account structures and budgeting practices. Within months of being confirmed, then-Secretary Jeh Johnson announced a Unity of Effort campaign with the goal of maturing DHS into an organization that functions in a more integrated and joint fashion. A strategic imperative of that campaign was to develop and institutionalize standard planning, budgeting, acquisition, and resourcing processes that every component would be required to follow. The Department's more than 70 disparate accounts were contributing to a lack of transparency and comparability among components and programs, and were adding unnecessary complexity to spending prioritization. To address these issues, the Department recommended that the existing account structure be simplified into four common account categories under which programs and activities could be funded consistently across departmental components based on common assumptions and definitions. The categories are: Operations and Support; Procurement, Construction, and Improvements; Research and Development; and Federal Assistance. In fiscal year 2016, Congress supported the concept of common appropriations accounts for every component and authorized DHS to propose the fiscal year 2017 DHS budget in a structure that incorporated these four account types. In accordance with this authority, DHS proposed the fiscal year 2017 budget request in a common format for every organization except the Coast Guard, which requires additional time to coordinate the change as it also transitions to a new financial management system. The appropriations account and PPA structure reflected in this Act is the culmination of that two year effort. In addition to incorporating the new standard structure, the fiscal year 2017 Department of Homeland Security Appropriations bill has been re-written, updated, and streamlined. The bill continues to be divided into titles, the first four of which contain appropriations. Each appropriations paragraph begins with a lump sum appropriation, followed by any necessary carve-outs of amounts for specific activities or for multi-year availability, and concludes with spending limitations, when needed. Administrative provisions specific to a single component are included at the end of its respective title, while general provisions that pertain to multiple components are located in title V. This explanatory statement is organized in the same manner. Every appropriating paragraph has been scrutinized and drafted to follow the Comptroller General's Federal Principles of Appropriations Law and adheres to a core principal that the purpose of a lump sum appropriation is determined in the context of the agency's enabling and authorizing legislation. As such, appropriations paragraphs do not enumerate every statute that authorizes DHS to act, in order for funding to be available for those purposes. Likewise, the appropriating paragraphs do not need, nor is it possible, to explicitly enumerate every item or activity for which the appropriation is available. Accordingly, previously enumerated activities that are considered to be part of a component's necessary expenses are no longer expressly included. Further, the format of the bill has been restructured to move those provisions not organic to the appropriation of funds into administrative or general provisions. Certain language from prior Acts that directed policies or practices was eliminated if its appearance in statute is no longer required, although directives related to such policies or practices are in some cases continued through language in this statement or in the House or Senate reports. DHS provided assistance in identifying instances where specificity in appropriations paragraphs was required for funds to be used for certain purposes. As presented, the bill reflects that careful consideration. With regard to expired authorizations, the bill provides explicit extensions where so intended. Chemical, Biological, Radiological, Nuclear, and Explosives Office The fiscal year 2017 budget request proposed the consolidation of the Office of Health Affairs, the Domestic Nuclear Detection Office, the Office of Bombing Prevention, and selected activities of the Science and Technology Directorate, into a new Chemical, Biological, Radiological, Nuclear, and Explosives (CBRNE) Office. As this proposed CBRNE consolidation was not authorized by Congress, the amounts appropriated for these activities for fiscal year 2017 are provided to the component for which the funds were appropriated in prior years. The amounts requested for CBRNE are displayed in the table at the end of this statement. Classified Programs Recommended adjustments to classified programs are addressed in a classified annex to this explanatory statement. TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT Office of the Secretary and Executive Management OPERATIONS AND SUPPORT A total of $137,034,000 is provided for Operations and Support, including not more than $40,000 for official reception and representation (ORR) expenses. A decrease of $5,000 is assessed to the Secretary's ORR funds due to the assumption of $880,000,000 in unauthorized fee revenue in the fiscal year 2017 budget request that artificially reduced the amount of net discretionary appropriations required to fully fund the Transportation Security Administration. DHS should be prepared for additional decrements to ORR funds and other headquarters activities in the future should future requests include similar proposals. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support........................................ Office of the Secretary................................... $22,287,000 $18,632,000 Office of Policy.......................................... 37,049,000 37,461,000 Office of Public Affairs.................................. 5,384,000 5,000,000 Office of Legislative Affairs............................. 5,287,000 5,080,000 Office of Partnership and Engagement...................... 11,692,000 15,206,000 Office of General Counsel................................. 19,298,000 19,298,000 Office for Civil Rights and Civil Liberties............... 21,403,000 22,571,000 Office of the Citizenship and Immigration Services Ombudsman..................................................... 6,200,000 5,935,000 Privacy Office............................................ 7,851,000 7,851,000 ------------------------------------------------- Subtotal, Operations and Support...................... $136,451,000 $137,034,000 ------------------------------------------------- Total, Office of the Secretary and Executive Management... $136,451,000 $137,034,000 ---------------------------------------------------------------------------------------------------------------- [[Page H3808]] Office of the Secretary A total of $18,632,000 is provided for the Office of the Secretary. Instead of including funds for the Office of Community Partnerships within this amount, as proposed by the Senate, funds for that program are included in the Office of Partnership and Engagement PPA, as proposed by the House. In lieu of direction provided in the House and Senate reports regarding activities of the Joint Requirements Council (JRC), the Department shall provide status updates on these activities to the Committees on a monthly basis. Specifically, the updates shall include a list of the requirements documents that have been validated as well as those that remain in the analysis phase at the DHS JRC level. Validated documents shall be made available to the Committees upon request. The Secretary is directed to convene a Public Complaint and Feedback System working group, as described in the House Report, and to provide briefings to the Committees within 90 days and 270 days of the date of enactment of this Act on the group's progress and findings. Office of Policy A total of $37,461,000 is provided for the Office of Policy. Section 107 of the Act withholds $2,000,000 from the Office of the Secretary until two long-standing required reports are provided to the Congress. First, as described in the Senate report, DHS is legally obliged to submit an annual report estimating the U.S. population of nonimmigrant aliens who have overstayed their visas. The Department submitted such a report for fiscal year 2015, but has not yet submitted a report for fiscal year 2016. DHS is expected to improve upon the scope of the data provided in the fiscal year 2015 report in its forthcoming report. Second, under the headings ``Border Security Metrics'' and ``Public Reporting of Operational Statistics,'' the Senate report outlines congressional and public interest in border security metrics and immigration operations data. Recently issued executive orders also require public reporting of such data, which the Department has begun to post. For years, Congress has directed DHS to develop border security metrics that quantify the operational impact of border security investments. Though progress has been made, DHS has still failed to produce these metrics. The Department shall brief the Committees within 90 days of the date of enactment of this Act on its plan to develop and publish the metrics described in the Senate report. As directed in the Senate report, $600,000 above the request shall support qualified data analysts in the Office of Immigration Statistics. In addition to the House directive to provide a comprehensive review of the number and locations of all DHS personnel deployed overseas, the Office of Policy shall identify where redundant staff are located and explain why they are required. As directed in the Senate report, the Department shall report on the deployment and usage of International Mobile Subscriber Identity (IMSI) catchers and related technologies within 180 days of the date of enactment of this Act. Office of Partnership and Engagement A total of $15,206,000 is provided for the Office of Partnership and Engagement, which includes $3,514,000 for the Office of Community Partnerships. A total of $819,000 is provided for the Blue Campaign, as requested. DHS is directed to fully account for and provide justification material for this program in future budget requests. Office for Civil Rights and Civil Liberties A total of $22,571,000 is provided for the Office for Civil Rights and Civil Liberties. As directed in the House Report, the increase of $1,168,000 above the President's request supports enhancements to programs in the Compliance Branch. Management Directorate OPERATIONS AND SUPPORT A total of $597,817,000 is provided for Operations and Support of the Management Directorate. Of this amount, not more than $2,000 is available for official reception and representation expenses. Within the total, $194,092,000 is available until September 30, 2018, to include $4,800,000 for St. Elizabeths, $186,361,000 for the Chief Information Officer (CIO), and $2,931,000 for headquarters operations at the Nebraska Avenue Complex. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support: Immediate Office of the Under Secretary for Management.... $3,758,000 $3,564,000 Office of the Chief Readiness Support Officer............. 128,177,000 54,275,000 Office of the Chief Human Capital Officer................. 36,446,000 39,026,000 Office of the Chief Security Officer...................... 61,723,000 63,102,000 Office of the Chief Procurement Officer................... 101,450,000 98,076,000 Office of the Chief Financial Officer..................... 100,041,000 53,700,000 Office of the Chief Information Officer................... 296,176,000 286,074,000 ------------------------------------------------- Subtotal, Operations and Support...................... $727,771,000 $597,817,000 ---------------------------------------------------------------------------------------------------------------- Immediate Office of the Under Secretary for Management A total of $3,564,000 is provided for the Immediate Office of the Under Secretary for Management, reflecting a reduction to the request of $194,000 based on updated hiring projections. The requirement from prior years to submit a Comprehensive Acquisition Status Report with future budget requests and quarterly updates is discontinued. Office of the Chief Readiness Support Officer A total of $54,275,000 is provided for the Office of the Chief Readiness Support Officer, to include $26,180,000 for St. Elizabeths headquarters operations and a reduction of $500,000 from the request based on updated hiring projections. In addition to the funding provided under this heading for St. Elizabeths, $13,253,000 is provided in title V of this Act for tenant designs for a new FEMA headquarters and remaining elements of the Center Building Complex. For several years, CBP's Air and Marine Operations has been refining a flight hour model similar to that of the Coast Guard to track costs and link them to mission requirements. The Department is directed to review the model to ensure consistency across both CBP and the Coast Guard, and to brief the Committees on a quarterly basis until flight hour costs are captured completely and accurately across the Department's air fleet. Office of the Chief Human Capital Officer A total of $39,026,000 is provided for the Office of the Chief Human Capital Officer. A reduction of $240,000 is assessed based on an updated hiring projection, and an increase of $2,820,000 is provided to transition the Cyber Student Volunteer Program into a DHS Cybersecurity Internship Program. As directed in the Senate and House reports, DHS is directed to continue working with every component to develop metrics on hiring, attrition, the processes used to bring staff on board, and a hiring corrective action plan. DHS shall brief the Committees not later than 90 days after the date of enactment of this Act on its strategy to decrease the number of days it takes to hire new employees. As part of this briefing, DHS shall provide quarterly hiring metrics by component and detail its progress toward monthly metrics reporting. Further, the briefing shall address progress made to establish reciprocity with other agencies on polygraph examinations and security clearances. CBP shall continue monthly reporting of hiring gains and attrition losses. Office of the Chief Security Officer A total of $63,102,000 is provided for the Office of the Chief Security Officer, to include an increase of $1,379,000 for recurring security needs at the Nebraska Avenue Complex. Office of the Chief Procurement Officer A total of $98,076,000 is made available for the Office of the Chief Procurement Officer, to include a reduction of $3,347,000 based on an updated hiring projection. Office of the Chief Financial Officer A total of $53,700,000 is provided for the Office of the Chief Financial Officer (OCFO). DHS is directed to retain its Appropriations Liaison Office as part of OCFO. The Department shall continue submitting obligation plans to the Committees on a quarterly basis, with the first plan due within 45 days of enactment of this Act. These plans shall be consistent with direction provided in the explanatory statement accompanying Public Law 114-113, which required comparisons of planned and actual obligations, by PPA, of all salaries and benefits funding. At congressional direction, DHS plans to improve the clarity and completeness of budget justification materials, particularly for procurement accounts. Clarity and completeness is equally important for Operations and Support accounts, given the size of many of these appropriations and the flexibility DHS currently has to move funds among PPAs. Therefore, in future budget justification materials, DHS is directed to include a breakout of each account by cost driver, including cost drivers for any proposed programmatic changes. Additionally, the materials must clearly justify any changes in cost driver assumptions from the prior fiscal year to the budget year. Funding provided in this Act shall be obligated in accordance with Section 2.0 of Chapter 2 of the Department of Homeland Security Financial Management Policy Manual, dated October 1, 2016, entitled ``DHS Appropriations Structure.'' The Department is directed to notify the Committees regarding any substantive revisions to this manual. [[Page H3809]] Office of the Chief Information Officer A total of $286,074,000 is provided for the Office of the Chief Information Officer, to include reductions of $8,002,000 based on an updated hiring projection and $2,100,000 to Legacy Information Technology Services. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $18,839,000 is provided for the Management Directorate for procurement, construction, and improvements. RESEARCH AND DEVELOPMENT A total of $2,500,000 is provided for the Management Directorate for research and development. Intelligence, Analysis, and Operations Coordination OPERATIONS AND SUPPORT A total of $263,551,000 is provided for Intelligence, Analysis, and Operations Coordination, of which $106,115,000 is available until September 30, 2018. Within the amount, the Office of Intelligence and Analysis (I&A) is directed to implement the Document and Media Exploitation program and to build an Analytic Innovation Cell. Both programs will provide actionable intelligence to DHS's front line, enabling capabilities ranging from the identification of fraudulent passports to the exploitation of information that disrupts transnational criminal organizations. I&A is commended for prioritizing its budget requirements to support DHS's operational components. As directed by the Senate, I&A is directed to assess the level of effort it provides to support the Department's critical border security mission. Office of Inspector General OPERATIONS AND SUPPORT A total of $175,000,000 is provided for the Office of Inspector General (OIG). The agreement does not include a proposed $24,000,000 transfer to the OIG from the Federal Emergency Management Agency (FEMA) Disaster Relief Fund (DRF). Instead, the OIG is directed to allocate not less than $20,856,000 to disaster-related investigations and audits. Additionally, the recommendation includes a decrease of $3,000,000 from the request based on updated hiring projections. TITLE I--ADMINISTRATIVE PROVISIONS--THIS ACT Section 101. A provision proposed by the House and Senate is continued requiring the Secretary to submit the Future Years Homeland Security Program at the time of the President's budget proposal for fiscal year 2018. Section 102. A provision proposed by the House and Senate is continued and modified requiring the Chief Financial Officer to submit monthly budget execution and staffing reports within 30 days after the last day of each month. Section 103. A provision proposed by the House and Senate is continued requiring the Inspector General to review grants and contracts awarded by means other than full and open competition and report the results to the Committees. Section 104. A provision proposed by the House and Senate is continued directing the Secretary to require contracts providing award fees to link such fees to successful acquisition outcomes. Section 105. A provision proposed by the House and Senate is continued requiring the Secretary, in conjunction with the Secretary of the Treasury, to notify the Committees of any proposed transfers from the Department of Treasury Forfeiture Fund to any agency at DHS. No funds may be obligated prior to such notification. Section 106. A provision proposed by the House and Senate is continued related to the official travel costs of the Department's Secretary and Deputy Secretary. Section 107. A provision proposed by the Senate is continued and modified requiring the Secretary to submit a report on visa overstay data and to post border security metrics on the Department's website. The House proposed no similar provision. Section 108. A new provision is included requiring the Secretary to certify whether U.S. Immigration and Customs Enforcement is administering and executing its Enforcement and Removal Operations activities consistent with available budgetary authority. TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection OPERATIONS AND SUPPORT A total of $10,900,636,000 is provided for Operations and Support, of which $681,441,500 is made available for two years to provide flexibility in the year of execution. The total includes increases of $3,000,000 for the Border Security Deployment Program; $4,000,000 for small unmanned aerial systems (UAS); and $15,000,000 for UAS fleet upgrades. Reductions to the request include: $236,430,000 due to the denial of the requested transfer of the Office of Biometric Identity Management (OBIM) into CBP; and to support a realistic number of FTE, $200,633,000 from pay and benefits and $10,000,000 for non-pay and benefit funding. The bill reduces funding for staffing by $200,633,000 based on technical assistance provided by CBP in March of 2017 indicating it would hire 3,000 fewer staff than originally projected. Analysis of this revised hiring projection, however, indicates a further problem with CBP's funding estimates for personnel, because a reduction of 3,000 personnel should translate into savings of at least $450,000,000. CBP is directed to provide greater details underlying its personnel costs and FTE model in the fiscal year 2018 request, and to revise its hiring projections at least quarterly to ensure the Committees have timely, accurate projections while formulating the funding levels for CBP's fiscal year 2018 appropriations. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support:....................................... Border Security Operations:............................... U.S. Border Patrol:................................... Operations........................................ $3,760,054,000 $3,681,084,000 Assets and Support................................ 492,508,000 486,508,000 Office of Training and Development.................... 56,819,000 54,221,000 ------------------------------------------------- Subtotal, Border Security Operations.......... $4,309,381,000 $4,221,813,000 Trade and Travel Operations:.............................. Office of Field Operations:........................... Domestic Operations............................... 2,886,008,000 2,734,840,000 International Operations.......................... 126,225,000 131,425,000 Targeting Operations.............................. 131,941,000 149,773,000 Assets and Support................................ 1,001,815,000 832,367,000 Office of Trade....................................... 196,997,000 192,330,000 Office of Training and Development.................... 49,929,000 50,354,000 ------------------------------------------------- Subtotal, Trade and Travel Operations......... $4,392,915,000 $4,091,089,000 Integrated Operations:.................................... Air and Marine Operations:............................ Operations........................................ 301,908,000 266,764,000 Assets and Support................................ 484,704,000 507,704,000 Air and Marine Operations Center.................. 37,133,000 45,138,000 Office of International Affairs....................... 35,018,000 36,513,000 Office of Intelligence................................ 66,566,000 58,492,000 Office of Training and Development.................... 5,807,000 5,807,000 Operations Support.................................... 93,080,000 93,259,000 ------------------------------------------------- Subtotal, Integrated Operations............... $1,024,216,000 $1,013,677,000 Mission Support:.......................................... Enterprise Services................................... 1,336,054,000 1,312,986,000 (Harbor Maintenance Trust Fund)................... (3,274,000) (3,274,000) Office of Professional Responsibility................. 180,583,000 167,163,000 Executive Leadership and Oversight................ 97,809,000 93,908,000 ------------------------------------------------- Subtotal, Mission Support..................... $1,614,446,000 $1,574,057,000 ------------------------------------------------- Total, Operations and Support..................... $11,340,958,000 $10,900,636,000 (by Discretionary Appropriation).................. (11,337,684,000) (10,897,362,000) (by Harbor Maintenance Trust Fund)................ (3,274,000) (3,274,000) ---------------------------------------------------------------------------------------------------------------- Border Security Operations Although the agreement does not include a provision from prior years mandating a workforce floor for Border Patrol Agents (BPA), CBP is directed to continue working to develop a fully justified workforce staffing model that will provide validated requirements for all U.S. borders and to brief the Committees on its progress in this regard not later than 30 days after the date of enactment of this Act. Prior to completion of a BPA workforce staffing model, CBP is directed to maintain a minimum staffing presence of 2,212 agents [[Page H3810]] along the northern border, and is expected to increase that number as warranted by ongoing assessments of risk. Within 120 days of the date of enactment of this Act, CBP shall brief the Committees on actions taken to track the costs and measure the effectiveness of consequence delivery systems. In addition, CBP and the Science and Technology Directorate shall jointly brief the Committees on requirements and a concept of operations for small UAS, as directed in the House report. Trade and Travel Operations As directed in the House report, CBP shall provide a detailed expenditure plan for biometric exit activities within 90 days of the date of enactment of this Act. To the extent practicable, the plan should outline how innovative technology and effective collaboration with airports and airlines will minimize the need for additional CBP staffing. Within 180 days of the date of enactment of this Act, CBP shall provide an updated resource allocation model for the Office of Field Operations detailing specific staffing, overtime, hours of operation, and funding for and implementation of planned enforcement initiatives, delineated by field office. As directed in the House and Senate reports, CBP shall provide a multi-year investment plan for Non-Intrusive Inspection equipment with the fiscal year 2019 budget. CBP recently implemented its Electronic Visa Update System (EVUS) before securing authority from Congress to impose fees that would cover its costs. As a result, U.S. taxpayers are left to foot a bill of $27,800,000 for activities that are more appropriately borne by visitors to the United States who use the system. The Committees caution that providing appropriated resources for a program benefitting a selected group of travelers is not sustainable. CBP shall provide monthly updates on its efforts to secure statutory authority for fee collections. Integrated Operations An increase of $15,000,000 above the request is provided to upgrade the UAS fleet to a single configuration. CBP is directed to use any contract savings associated with the UAS reconfiguration to implement high-priority improvements to UAS operations. CBP is also directed to utilize any contract savings from other programs for the deployment, operation, and maintenance of modern DoD-Reuse aerostats to help modernize and enhance surveillance capability, including increased maritime domain awareness of the littoral borders and the integration of data from deployed aerostats into the Air and Marine Operations Center network for analysis and information sharing. An increase of $8,000,000 above the request is provided for facilities improvements, buildout, and other enhancements necessary to ensure continuity of UAS training programs. Mission Support In the fiscal year 2018 request, CBP is directed to detail all of the costs associated with operating Enterprise Services, including all staffing and administrative support, planned contract awards, and efficiencies realized by establishing this new organizational unit. CBP is directed to provide quarterly briefings on progress in implementing each of the 39 recommendations made by the CBP Integrity Advisory Panel, as detailed in the Senate report, and on the status of implementing other recommendations on the use of force and employee misconduct, as described in the House report. CBP continues to struggle in hiring and retaining funded levels of Border Patrol agents and CBP officers, particularly at remote locations along the northern and southern borders. CBP is directed to work with the Office of Personnel Management as necessary to identify and utilize incentives to improve retention in hard to fill locations and to evaluate the potential impact of offering additional career path enhancements to personnel who choose those locations. CBP is encouraged to work with community, local, and tribal colleges to assist with recruitment efforts. In addition, CBP should continue collaborating with DOD, as required by the Border Jobs for Veterans Act (Public Law 114-68), to facilitate the recruitment of personnel exiting the military. Within 120 days of the date of enactment of this Act, CBP shall brief the Committees on a comprehensive recruitment and retention strategy, including an assessment of options to address agency human capital requirements. In addition, CBP is directed to include the most critical components of this strategy in the fiscal year 2018 budget request, and to continue providing monthly data to the Committees on frontline staffing levels. CBP continues performing capabilities gap (C-GAP) analyses, and more than one year after inquiries on how the analyses fit together, has not articulated how CBP leadership will use the reviews to improve CBP and DHS-wide collaboration and coordination. Within 90 days of the date of enactment of this Act, CBP shall brief the Committees on coordination and results of the requirements analysis process, as detailed in the Senate report. CBP's finalization of the Single Window streamlined certain manual and automated processes, but more work remains to ensure that industry and Partner Government Agencies communicate efficiently and effectively. Within 90 days of the date of enactment of this Act, CBP shall brief the Committees on the prioritization of development efforts, as well as estimated timelines and costs for refining the Automated Commercial Environment (ACE). CBP is directed to ensure that the rescission of prior year funding included in this Act does not impact the development or operation and maintenance of ACE. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $273,617,000 is provided for Procurement, Construction, and Improvements. The bill includes increases of $15,941,000 for an additional multi-role enforcement aircraft, $31,500,000 for additional light enforcement helicopters, and $43,459,000, as requested, for continued deployment of Integrated Fixed Towers, including replacement of SBInet Block 1. The bill also includes the following reductions to the request: $11,000,000 from Non-Intrusive Inspection equipment due to planned carryover of funds into fiscal year 2018; $19,000,000 associated with a proposed construction project for which insufficient funds were requested; and $56,507,000 due to the denial of the request to transfer OBIM from NPPD to CBP. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Procurement, Construction, and Improvements: Border Security Assets and Infrastructure................. $45,942,000 $45,942,000 Trade and Travel Assets and Infrastructure................ 130,349,000 60,842,000 Integrated Operations Assets and Infrastructure: Airframes and Sensors................................. 68,617,000 116,058,000 Construction and Facility Improvements.................... 39,775,000 20,775,000 Mission Support Assets and Infrastructure................. 38,707,000 30,000,000 ------------------------------------------------- Subtotal, Procurement, Construction, and $323,390,000 $273,617,000 Improvements..................................... ---------------------------------------------------------------------------------------------------------------- U.S. Immigration and Customs Enforcement OPERATIONS AND SUPPORT A total of $6,168,532,000 is provided for Operations and Support. ICE is directed to brief the Committees on its obligation plan for the use of these funds, as specified under title I of this statement. ICE continues to struggle with financial management across the agency. The underlying problems stem, in large part, from the limited authority and organizational placement of the ICE Chief Financial Officer (CFO) position, which is subordinated to the Executive Associate Directors of the operational units--Homeland Security Investigations and ERO. The Director of ICE has an inherent fiduciary responsibility to ensure that funding provided by taxpayers to the agency is executed in the most efficient and effective manner possible. As the senior resource manager, the CFO has a vital role as a neutral advisor to the Director on financial management issues. Unless the CFO reports directly to the Director, that individual is not positioned to provide the Director with unfiltered financial information, provide advance warning of concerns, or recommend resource-conscious alternatives. In essence, this lack of information denies the Director full knowledge of resource issues and the ability to make sound decisions based on all relevant information. The Director of ICE is strongly urged to elevate the position of CFO within the organization and to expand the CFO's responsibilities to include agency-wide resource management activities and funds control. Financial management weaknesses have been a particular problem within ERO, as discussed below under the Custody Operations heading. The lack of fiscal discipline and cavalier management of funding for detention operations, evidenced by inaccurate budget formulation and uneven execution, seems to be the result of a perception that ERO is funded by an indefinite appropriation. This belief is incorrect. ICE has a duty and responsibility to the Department, the Congress, and to taxpayers to be forthright in the identification of its requirements and the proper execution of its funding. It must manage-to-budget and cannot operate under the false perception that Congress will provide a bailout if financial controls fail or are simply ignored. To begin to address these concerns, a provision in this Act requires the Secretary or the DHS CFO to certify to the Committees on a monthly basis whether ERO is operating consistently with the annual funding levels provided in this Act. The first certification will occur not later than 30 days after the date of enactment of this Act. Another obstacle to sound financial management at ICE has been its approach to paying for service-wide costs (SWC), such as [[Page H3811]] rent, overtime, utilities, and security. Instead of budgeting transparently for these costs, ICE has historically relied on post-enactment assessments against the appropriations of agency components and programs to support them. Burying SWC in mission budgets makes oversight by ICE leadership and Congress significantly more difficult, leading to unchecked cost growth. In Custody Operations, for instance, SWC funding within the bed rate grew by 40 percent between fiscal year 2015 and fiscal year 2016; it is estimated to increase by another 33 percent in fiscal year 2017. OMB Circular A-76 sets a standard of 12 percent as the estimated federal agency overhead factor. Given that ICE also budgets for these types of costs in its Mission Support PPA, it is likely that the agency's overhead total significantly exceeds the OMB standard. For the fiscal year 2018 budget, ICE is directed to provide separate budget estimates and detailed justifications for SWC in appropriate Mission Support sub-PPAs or through one or more new SWC PPAs. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support: Homeland Security Investigations: Domestic Investigations............................... $1,892,183,000 $1,834,017,000 International Investigations.......................... 146,751,000 159,035,000 Intelligence.......................................... 81,996,000 80,141,000 ------------------------------------------------- Subtotal, Homeland Security Investigations........ $2,120,930,000 $2,073,193,000 Enforcement and Removal Operations: Custody Operations.................................... 2,178,963,000 2,557,542,000 Fugitive Operations................................... 133,133,000 151,795,000 Criminal Alien Program................................ 347,455,000 312,350,000 Alternatives to Detention............................. 125,966,000 125,883,000 Transportation and Removal Program.................... 322,694,000 324,236,000 ------------------------------------------------- Subtotal, Enforcement and Removal Operations.. $3,108,211,000 $3,471,806,000 Mission Support........................................... 364,489,000 364,533,000 Office of Principal Legal Advisor......................... 268,393,000 259,000,000 ------------------------------------------------- Subtotal, Operations and Support.............. $5,862,023,000 $6,168,532,000 ---------------------------------------------------------------------------------------------------------------- Homeland Security Investigations Domestic Investigations. A total of $1,834,017,000 is provided for Domestic Investigations to support activities outlined in the House and Senate reports. ICE is directed to maintain increased levels of effort for all high-priority mission areas, including overstay enforcement and efforts to combat human trafficking and child exploitation, as detailed in the statement accompanying Public Law 114-113. Not less than $305,000 is to promote public awareness of the child pornography tip line and for activities to counter child exploitation, and not less than $15,770,000 is for investigations of forced labor law violations, to include forced child labor. ICE is directed to submit an annual report on expenditures and performance metrics associated with forced labor law enforcement activities. Of the total amount provided, $10,000,000 is for continuing expanded overstay enforcement investigations and investigative support. ICE is expected to target such investigations on individuals who pose a risk to the public, and shall brief the Committees on the proposed use of these funds and on its overall overstay enforcement efforts, including its support of Department-wide activities as described in Senate Report 114-264, within 60 days of the date of enactment of this Act. In addition, not less than $10,000,000 is for expanding investigations into severe forms of human trafficking and against suspected human traffickers. Within the total for Domestic Investigations, $5,000,000 is provided above the request to fully fund ICE's implementation of International Megan's Law, including the Angel Watch Center. In addition, $3,000,000 above the request is provided for enhancements at the Child Exploitation Investigations Unit (CEIU) at the Cyber Crimes Center, including $2,000,000 for the Child Victim Identification Section and $1,000,000 for CEIU operations. The Student and Exchange Visitor Information System (SEVIS) was launched in 2002 to mitigate critical vulnerabilities exploited by the 9/11 hijackers. ICE is urged to make use of the full $171,000,000 in anticipated fee revenue for SEVIS, $26,000,000 more than the estimate included in the budget request, to expedite system development and dedicate additional investigative hours to ensuring that students who fail to comply with the terms of their visas face appropriate consequences. International Investigations. A total of $159,035,000 is provided for International Investigations, including $18,000,000 above the request for the Visa Security Program to annualize the costs of the previously funded program expansion and for expansion to additional high priority locations. ICE is directed to use the risk-based methodologies and enforcement metrics outlined in the Senate report to continue to plan and budget for Visa Security Program expansion to at least two high-threat locations per year in future budget requests. Efforts to combat the smuggling and trafficking of children from Central America shall be continued in fiscal year 2017 at not less than the fiscal year 2016 level. ICE shall allocate not less than $5,300,000 for war crime investigations, including but not limited to training, transportation, and hiring additional personnel at the OPLA Human Rights Law Section and the HSI Human Rights Violators and War Crimes Unit. Enforcement and Removal Operations A total of $3,471,806,000 is provided for Enforcement and Removal Operations. ICE's sex offender notifications are not consistently reaching the appropriate law enforcement agencies, despite prior direction from the Senate to remediate this problem. The agreement includes an additional $2,000,000 to enhance and augment current efforts to apprise local law enforcement agencies of offender releases. This funding shall be used for contracts with entities to notify the appropriate local law enforcement agencies in real time based on an address given by offenders upon their release from ICE. Notifications should include specific crime code information so that they can be properly handled and received by the assigned personnel within the local law enforcement agencies. Custody Operations. A total of $2,557,542,000 is provided for Custody Operations, an increase of $378,579,000 over the requested amount. This additional funding reflects the surge in the number of aliens placed into removal proceedings and detention after crossing our southern border during the first quarter of fiscal year 2017. Even without the increased flow of aliens into the country, ICE's fiscal year 2017 budget request negligently and knowingly used a flawed projection of the Average Daily Population (ADP) based on a seasonally low data point, despite knowing full well that historical trends supported a higher annual detention bed requirement. Further, the daily bed rate used to calculate the funding requirement for family detention was almost half of the actual rate because ICE assumed substantial but unrealistic savings that were not based on a validated cost estimation methodology. For the past several years, the agency's forecast for the required number of detention beds and its cost estimates have resulted in budget requests that missed the mark by wide margins. In fiscal years 2014 and 2015, ICE reprogrammed a combined total of $83,000,000 out of Custody Operations because of a lower than planned ADP, only to reprogram $127,000,000 into Custody Operations in fiscal year 2016 because the estimated number of beds needed and the average daily cost used in the budget request were grossly insufficient. Accurately formulating the budget request for detention beds depends on two key variable--the cost per bed and the number of beds needed, as determined by the ADP. While ICE has the tools to develop reliable and detailed cost estimates for detention beds, it does not consistently use those tools in the formulation of the budget request. Even with more accurate estimates of bed rates, however, ICE simply has no model for estimating ADP. While there are factors beyond ICE's control that affect the size of the ADP in detention, such as the number of apprehensions by CBP, a model better informed by historical averages and seasonal trends would be a more prudent approach for forecasting the number of beds needed in the next fiscal year. It is apparent that additional oversight and audit work in this area is needed. Therefore, the Government Accountability Office (GAO) is directed to review ICE's current methodologies for determining detention resource requirements, including its approach to estimating the ADP requirement; evaluate ICE's efforts to improve the accuracy of its cost estimates and projections; and report to the Committees within 180 days of the date of enactment of this Act on GAO's conclusions, including any appropriate recommendations. To ensure costs are estimated using sound methodology, in the fiscal year 2018 Congressional Budget Justification, ICE shall fully detail the methodology used to determine the bed rate, including the bed model output costs assumed for each area of responsibility and facility type. All changes in the various cost categories must be fully explained, rather than generally justified as an increase in the bed rate. The inclusion of indirect, service-wide costs into the calculation for beds obscures the actual cost for detention beds and allows ICE to increase overhead costs [[Page H3812]] without identifying the true nature of the increase. Therefore, ICE shall no longer include indirect costs in the calculation for detention beds. ICE must also improve its contracting process for detention beds. The agency has approximately 400 contracts with more than 200 detention facilities, each having varying services, costs, terms, and conditions. While contracts for detention beds are negotiated by the Office of Acquisition Management (OAQ), the Field Offices notify OAQ when more beds are needed and are responsible for reviewing vendor invoices for accuracy before submitting them for payment. However, there is neither a standard template for contracts nor a consistent method for Field Offices to validate invoices. ICE is directed to brief the Committees on actions it has taken to improve this process not later than 30 days after the date of enactment of this Act. Also within 30 days of the date of enactment of this Act, and quarterly thereafter, ICE shall provide an update on its oversight of adult and family detention facilities. These updates shall include information on the number of detention facility inspections conducted, detailed results of the inspections, and the estimated costs of such reviews. Additionally, updates on family facilities are to incorporate recommendations for improvements made by the Advisory Committee on Family Residential Centers or as a result of ICE's community liaison office. Within 45 days after the date of enactment of this Act, ICE shall report on its progress in implementing the 2011 Performance Based National Detention Standards, including the 2016 revisions, and requirements related to the Prison Rape Elimination Act, as detailed in the House report. Fugitive Operations. A total of $151,795,000 is provided for Fugitive Operations. ICE is directed to continue support for Mobile Criminal Alien Teams and to target individuals who pose a threat to the public, as described in the Senate report. Criminal Alien Program. A total of $312,350,000 is provided for the Criminal Alien Program, including support for 287(g) memoranda of agreement and $34,500,000 for resources and full-time law enforcement personnel at the Law Enforcement Support Center (LESC). As discussed in the Senate report, ICE shall avoid duplicating LESC activities in other parts of the country. While ICE has expanded its enforcement priorities, it is expected that the agency will continue to emphasize the apprehension and removal of individuals posing the greatest threat to the safety and security of communities. Section 10 of Executive Order 13768, Enhancing Public Safety in the Interior of the United States, directed the Secretary to terminate the Priority Enforcement Program (PEP) and reinstate the Secure Communities program. The essential distinction between the two programs is the manner in which ICE seeks the transfer of individuals into its custody from local law enforcement agencies (LEA). Under Secure Communities, ICE issues detainers to LEAs, requesting that they maintain custody of individuals identified by ICE as enforcement priorities for up to 48 hours beyond the time the individuals would otherwise be released. Under PEP, ICE primarily issued requests that law enforcement agencies notify ICE prior to when such individuals would normally be released, although detainers were still issued under some circumstances. In 2016, ICE reported that PEP's notification alternative was effective in eliciting cooperation from most jurisdictions that, by 2015, had stopped honoring ICE detainers. Before Secure Communities was replaced by PEP, 377 jurisdictions refused to comply with some or all ICE detainers. By the end of 2016, 280 of those jurisdictions (74 percent) had reestablished some level of cooperation with ICE by responding to requests for notification, honoring detainers, or both, including 21 out of the largest 25 such jurisdictions. ICE should ensure that the reinstatement of the Secure Communities program does not undermine the progress it made through PEP in 2015 and 2016. Specifically, ICE should continue to work with LEAs that are willing to notify ICE prior to releasing individuals who are enforcement priorities. To the extent that notifications from LEAs have not always provided ICE with enough advance warning to take custody of criminal aliens, ICE should continue working with LEAs to ensure that notifications are made in a more timely fashion. Within 60 days of the date of enactment of this Act and quarterly thereafter, ICE shall provide a report to the Committees on the number of detention requests issued and actual custody transfers to ICE by state and local law enforcement jurisdiction, criminal category, immigration status, gender, country of citizenship, and enforcement priority. In addition, the report shall detail the same information for criminal aliens released by non-participating jurisdictions, and should describe ICE's efforts to solicit the cooperation of such jurisdictions. ICE is actively planning to expand participation in the 287(g) program to several jurisdictions. A state or local law enforcement entity selected for the program receives specialized training in immigration law and other topics at the Federal Law Enforcement Training Centers and enters into a joint Memorandum of Agreement with ICE in order to receive delegated authority to enforce immigration laws within their jurisdictions. Upon arrest of a suspect, the local law enforcement partner enters identifying information into both criminal and immigration databases during booking. Historically, this approach, used in penitentiaries, jails, or other dentition facilities, has proven effective in identifying and removing criminal aliens while reducing allegations of racial profiling more common in the task force model. The specific funding level provided for the program has been eliminated from the bill, as the level was outdated and did not reflect the current, let alone the proposed, level of resources dedicated to this program. ICE is directed to brief the Committees on proposed expansion and metrics used to evaluate participation within 90 days of the date of enactment of this Act. Alternatives to Detention. A total of $125,883,000 is provided for the Alternatives to Detention (ATD) program. ICE shall prioritize ATD participation for vulnerable populations, including families, as appropriate. Transportation and Removal Program. A total of $324,236,000 is provided for the Transportation and Removal Program, an increase of $1,542,000 above the amount requested. Mission Support A total of $364,533,000 is provided for Mission Support. Within the total, $82,000,000 is for the Office of Professional Responsibility and $6,000,000 is provided to develop and execute a comprehensive plan for immigration data improvement, as detailed in the Senate report. To ensure high-level engagement in support of this critical endeavor, the Act withholds $25,000,000 from obligation under ICE's Operations and Support account until the Director submits a comprehensive plan to the Committees. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $29,800,000 is provided for Procurement, Construction, and Improvements. Within the total, $16,000,000 is for TECS Modernization, a funding level in line with projected fiscal year 2017 obligations. ICE is directed to brief the Committees on the development of this system as specified in the Committee reports. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Procurement, Construction, and Improvements: Operational Communications/Information Technology......... $21,000,000 $16,000,000 Construction and Facility Improvements.................... 7,000,000 - - - Mission Support Assets and Infrastructure................. 22,230,000 13,800,000 ------------------------------------------------- Subtotal, Procurement, Construction, and Improvements. $50,230,000 $29,800,000 ---------------------------------------------------------------------------------------------------------------- Transportation Security Administration OPERATIONS AND SUPPORT A total of $7,105,047,000 is provided for Operations and Support, an amount that is partially offset by $2,130,000,000 in estimated aviation security fee collections that are credited to this appropriation, as authorized, resulting in a net appropriation of $4,975,047,000. In addition, a mandatory appropriation totaling $250,000,000 is available through the Aviation Security Capital Fund. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support:....................................... Aviation Screening Operations:............................ Screening Workforce:.................................. Screening Partnership Program..................... $170,382,000 $177,982,000 Screener Personnel, Compensation, and Benefits.... 3,045,941,000 3,221,124,000 Screener Training and Other....................... 235,668,000 239,119,000 Airport Management.................................... 572,564,000 572,967,000 Canines............................................... 131,391,000 153,969,000 Screening Technology Maintenance...................... 284,834,000 284,834,000 Secure Flight......................................... 101,721,000 101,721,000 ------------------------------------------------- Subtotal, Aviation Screening Operations....... $4,542,501,000 $4,751,716,000 Other Operations and Enforcement.......................... [[Page H3813]] Inflight Security:.................................... Federal Air Marshals.............................. $815,313,000 $802,953,000 Federal Flight Deck Officer and Crew Training..... 19,773,000 22,273,000 Aviation Regulation................................... 218,296,000 218,296,000 Air Cargo............................................. 95,692,000 94,682,000 Intelligence and TSOC................................. 83,520,000 80,820,000 Surface Programs...................................... 122,716,000 122,716,000 Vetting Programs...................................... 65,751,000 65,751,000 ------------------------------------------------- Subtotal, Other Operations and Enforcement.... $1,421,061,000 $1,407,491,000 Mission Support........................................... $951,375,000 $945,840,000 ------------------------------------------------- Subtotal, Operations and Support (gross).......... $6,914,937,000 $7,105,047,000 ------------------------------------------------- Subtotal, Operations and Support (net)............ $3,904,937,000 $4,975,047,000 ---------------------------------------------------------------------------------------------------------------- Aviation Screening Operations A total of $4,751,716,000 is provided for Aviation Screening Operations. In fiscal year 2016, the air travel industry experienced significant growth, resulting in passenger volume at TSA checkpoints that exceeded the capacity supported by the agency's budgeted resources. In response, Congress swiftly approved three requests to reprogram and transfer funds to address immediate staffing needs and other urgent operational requirements to reduce wait times and increase security at TSA checkpoints, including the hiring of additional Transportation Security Officers (TSOs) and the procurement of critical screening equipment and canines. The total provided for fiscal year 2017 reflects increases to annualize the costs of these actions and address the continued growth in passenger volume, including: $136,592,000 for an additional 1,396 FTE; $38,591,000 for additional overtime and other unanticipated screener costs; $3,451,000 for training for TSOs; $22,528,000 to annualize the cost of 50 additional canine teams and associated requirements; and $4,443,000 for support costs associated with the hiring of new TSOs and canine teams. An increase of $7,600,000 is also provided to fully fund fiscal year 2017 requirements for the Screening Partnership Program. The total also reflects decreases to the request totaling $6,040,000 due to projected under execution of proposed FTE in non-screener programs. As directed in the House and Senate reports, TSA shall brief the Committees not later than 30 days after the date of enactment of this Act on a comprehensive assessment of operational requirements to improve the security and efficiency of passenger and baggage screening, including long-term efforts and contingency plans to predict and respond to changing passenger volumes without compromising security. TSA is directed to brief the Committees on its canine requirements and future plans for expanding the National Explosives Detection Canine Team Program not later than 30 days after the date of enactment of this Act. TSA shall consider passenger volume and risk assessments when determining the deployment of the 50 new canine teams and the re-deployment of existing teams. In lieu of the funding and direction in the House and Senate reports, the bill includes $3,400,000 to establish a program whereby third parties can perform air cargo screening services using canines. TSA shall work with the air cargo industry and canine providers, as well as any relevant law enforcement organizations to identify initial locations for implementing the program. Based on lessons learned at the initial sites, TSA shall work with stakeholders to outline minimum criteria for future entrance to the program. The criteria should consider the potential benefits of using third-party canine teams in the air cargo environment. Further, in assessing the right model for canine team certification, TSA shall ensure that costs to taxpayers are minimized and that scalability to meet industry demand is maximized. TSA is directed to brief the Committees not later than 60 days after the date of enactment of this Act on a timeline for implementation of the program. Sufficient funds are included to support TSA's training activities at the Glynco Campus of the Federal Law Enforcement Training Centers, which now provides a basic training program for all new screeners. Before TSA moves forward with permanent investments in the campus related to this training, it must develop a business case to justify the cost of such training, including metrics related to increased TSO performance, improved morale, and better managed attrition. Further, TSA must assess the appropriate timing in a screener's onboarding process for such basic training to occur. TSA shall brief the Committees within 30 days of the date of enactment of this Act on the business case. In lieu of the direction in the Senate report, TSA shall implement a pilot program for airports that procure, install, and operate exit lane breach control (ELBC) systems on a non- reimbursable basis that, for the duration of the pilot, reallocates any resulting FTE savings to address screening capacity challenges at the same airport where the exit lane pilot is being conducted. The reallocated personnel shall be in addition to existing screening staff assigned to the airport checkpoint prior to the deployment of ELBC technology. The procurement of ELBC systems shall be consistent with TSA's Airport Exit Lane toolbox and exit lane security guidelines, including technologies in use at airports today. OTHER OPERATIONS AND ENFORCEMENT A total of $1,407,491,000 is provided for Other Operations and Enforcement. Within the total are decreases totaling $21,130,000 due to projected under execution of proposed FTE. Also within the total is an increase of $2,500,000 for the Federal Flight Deck Officer (FFDO) and Flight Crew Training Program, including $2,000,000 to ensure training slots are available to interested pilots and $500,000 to conduct an analysis of training facility requirements for the FFDO Program. TSA has convened appropriate stakeholders to initiate a national partnership framework for public area security in airports. This effort is overdue, given long-acknowledged threats and tragic incidents in the U.S. and around the globe, and stakeholders should be commended for their active participation. TSA shall brief the Committees within 180 days of the date of enactment of this Act on its progress in establishing principles and developing the framework. MISSION SUPPORT A total of $945,840,000 is provided for Mission Support, which accounts for the annualized support costs associated with the hiring and training of additional TSOs and canine teams, as well as the projected under execution of proposed FTE and other administrative savings. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $206,093,000 is provided for Procurement, Construction, and Improvements (PC&I). Under the new DHS appropriations structure, all components are expected to use common, standardized appropriations and PPAs to fund activities and other spending items that are based on a consistent definition. As defined in the DHS Financial Policy Manual, the PC&I appropriation is intended to fund the ``costs associated with buying, building, or improving end items--tools, assets, systems, and facilities-- prior to sustainment.'' However, TSA's proposed fiscal year 2017 PC&I budget included numerous spending items that are not appropriately funded within this appropriation. TSA is directed to adhere to the guidance in the DHS Financial Policy Manual in its fiscal year 2018 budget request. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Procurement, Construction, and Improvements................... Aviation Screening Infrastructure......................... Checkpoint Support.................................... $111,079,000 $111,079,000 Checked Baggage....................................... 59,331,000 59,331,000 Infrastructure for Other Operations....................... Air Cargo............................................. 14,383,000 14,383,000 Surface Programs...................................... 15,000,000 15,000,000 Vetting Programs...................................... 6,300,000 6,300,000 ------------------------------------------------- Subtotal, Procurement, Construction, and $206,093,000 $206,093,000 Improvements..................................... ---------------------------------------------------------------------------------------------------------------- AVIATION SCREENING INFRASTRUCTURE A total of $170,410,000 is provided for Aviation Screening Infrastructure. TSA is directed to brief the Committees not later than 90 days after the date of enactment of this Act on the progress of the Innovation Task Force and the status of any pilot programs. RESEARCH AND DEVELOPMENT A total of $5,000,000 is provided for Research and Development. [[Page H3814]] Coast Guard operating expenses A total of $7,079,628,000 is provided for Operating Expenses, including $502,692,000 for defense activities, of which $162,692,000 is designated for overseas contingency operations (OCO) and the global war on terrorism (GWOT), which may be allocated without regard to section 503 in title V of this Act. Included in the total is $4,490,000 to increase the staffing of the Coast Guard's Cyber Command and to establish a Cyber Protection Team to enhance the Coast Guard's cyber capabilities. Not later than 90 days after the date of enactment of this Act, the Coast Guard shall brief the Committees on plans, including a funding strategy, for improving the cybersecurity posture of the Coast Guard and balancing requirements of operating within the ``.mil'' domain while adhering to DHS cyber directives. The Coast Guard is directed to submit to the Committees a Capital Investment Plan (CIP) for fiscal years 2018 through 2022 by June 30, 2017. The Coast Guard is directed to move quickly in approving additional ballast water management systems (BWMS) and shall work with the Environmental Protection Agency to reexamine whether the most probable number method can be used as an alternative for testing the effectiveness of treatment systems. The Coast Guard is further directed to brief the Committees on the status of its ballast water management systems (BWMS) testing efforts as set forth in the House report. Within the amount appropriated for Operating Expenses, a total of $6,000,000 is included to initiate fishing safety grant programs, as authorized by the Coast Guard Authorization Act of 2010. This amount is offset by savings derived from lower than expected fuel costs. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees a report on the Coast Guard's plans to ensure long-term search and rescue coverage for the Arctic. This report shall also address the Coast Guard's capability for conducting response missions throughout the Western Alaska Captain of the Port Zone, including the Bering Sea and Arctic Ocean. The report shall provide details on pollution response equipment; spill response organizations; spill prevention and mitigation methods; and response partnerships with federal, state, and local entities. Within the total for Operating Expenses, an additional $4,750,000 is provided for the procurement of small response boats in fiscal year 2017. This amount is offset by savings derived from lower than expected fuel costs. In addition, long-standing language is included in the bill authorizing the use of up to $31,000,000 from the Operating Expenses appropriation for certain small boat purchases and repairs. Within the amount appropriated for Operating Expenses, $5,000,000 is included for the National Coast Guard Museum, subject to the limitations specified in 98(b) of title 14, United States Code. The Coast Guard Yard, located at Curtis Bay, Maryland, directly supports fleet readiness and has been a vital part of the Coast Guard's readiness and infrastructure for more than 100 years. Sufficient industrial work should be assigned to the Yard to maintain this capability. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operating Expenses: Military Pay and Allowances............................... $3,597,319,000 $3,544,111,000 Civilian Pay and Benefits................................. 817,324,000 808,969,000 Training and Recruiting................................... 198,605,000 196,346,000 Operating Funds and Unit Level Maintenance................ 996,204,000 995,519,000 Centrally Managed Accounts................................ 329,099,000 328,746,000 Intermediate and Depot Level Maintenance.................. 1,048,264,000 1,043,245,000 Overseas Contingency Operations/Global War on Terrorism... - - - 162,692,000 ------------------------------------------------- Subtotal, Operating Expenses.......................... $6,986,815,000 $7,079,628,000 (Defense, less OCO)....................................... (340,000,000) (340,000,000) ---------------------------------------------------------------------------------------------------------------- Military Pay and Allowances. A total of $3,544,111,000 is provided for Military Pay and Allowances. The funded level reflects $53,208,000 in savings resulting from a more realistic recruiting and retention level for the fiscal year. Civilian Pay and Benefits. A total of $808,969,000 is provided for Civilian Pay and Benefits, including $8,355,000 in adjustments reflecting a more realistic hiring and attrition level for the fiscal year. The total includes $788,000 for additional personnel needed to implement the Blended Retirement System. Overseas Contingency Operations/Global War on Terrorism Funding. Funding for Coast Guard OCO/GWOT activities is provided directly through the Operating Expenses appropriation instead of through the Navy's Operation and Maintenance account. The Coast Guard is directed to brief the Committees not later than 30 days after the date of enactment of this Act on any changes expected in the funding requirement for OCO/GWOT activities during fiscal year 2017. Further, the Coast Guard is directed to include details of its current and future support to Central Command in the classified annex of the fiscal year 2018 budget request. environmental compliance and restoration A total of $13,315,000 is provided for Environmental Compliance and Restoration. reserve training A total of $112,302,000 is provided for Reserve Training. acquisition, construction, and improvements A total of $1,370,007,000 is provided for Acquisition, Construction, and Improvements. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Acquisition, Construction, and Improvements: Vessels: Survey and Design--Vessel and Boats................... $6,500,000 $9,500,000 In-Service Vessel Sustainment......................... 79,000,000 94,000,000 National Security Cutter.............................. 127,000,000 255,400,000 Offshore Patrol Cutter................................ 100,000,000 75,000,000 Fast Response Cutter.................................. 240,000,000 325,000,000 Cutter Boats.......................................... 4,000,000 4,000,000 Polar Ice Breaking Vessel............................. 147,600,000 25,000,000 ------------------------------------------------- Subtotal, Vessels................................. $704,100,000 $787,900,000 Aircraft: HC-144 Conversion/Sustainment......................... 25,500,000 25,500,000 HC-27J Conversion/Sustainment......................... 130,000,000 130,000,000 HC-130J Acquisition/Conversion/Sustainment............ 20,800,000 111,800,000 HH-65 Conversion/Sustainment Projects................. 25,000,000 40,000,000 ------------------------------------------------- Subtotal, Aircraft................................ $201,300,000 $307,300,000 Other Acquisition Programs: Other Equipment and Systems........................... 8,055,000 8,055,000 Program Oversight and Management...................... 20,000,000 20,000,000 C4ISR................................................. 24,300,000 24,300,000 CG--Logistics Information Management System (CG-LIMS). 7,000,000 7,000,000 ------------------------------------------------- Subtotal, Other Acquisition Programs.............. $59,355,000 $59,355,000 Shore Facilities and Aids to Navigation: Major Construction; Housing; ATON; and Survey & Design 18,100,000 44,519,000 Major Acquisition Systems Infrastructure.............. 28,000,000 50,000,000 Minor Shore........................................... 5,000,000 5,000,000 ------------------------------------------------- Subtotal, Shore Facilities and Aids to Navigation. $51,100,000 $99,519,000 Personnel and Related Support Costs....................... $120,933,000 $115,933,000 ------------------------------------------------- Subtotal, Acquisition, Construction, and $1,136,788,000 $1,370,007,000 Improvements..................................... ---------------------------------------------------------------------------------------------------------------- [[Page H3815]] vessels Survey and Design--Vessels and Boats. A total of $9,500,000 is provided in support of survey and design, including $2,000,000 for initial survey and design work associated with the acquisition of icebreaking capacity on the Great Lakes, as detailed in the Senate report, and $1,000,000 for the Inland River Tender fleet. National Security Cutter. A total of $255,400,000 is provided for the National Security Cutter (NSC) program. The total includes $95,000,000 for procurement of long lead time materials associated with a tenth National Security Cutter, and $3,400,000 for post-delivery activities for the ninth NSC. In addition, $30,000,000 is included to support a necessary Structural Enhancement Dry-dock Availability (SEDA) for the second NSC. Offshore Patrol Cutter. The policy requiring the Coast Guard to obtain appropriations for the total acquisition cost of a vessel, including long lead time materials, production costs, and post-production costs, before a production contract can be awarded has the potential to create shipbuilding inefficiencies, force delays in the obligation of production funds, and require post-production funds far in advance of when they will be used. The Office of Management and Budget is expected to give the Coast Guard the flexibility to acquire vessels, including the Offshore Patrol Cutter (OPC), in the most efficient manner within the guidelines of strict governance measures. Fast Response Cutter. A total of $325,000,000 is provided for the Fast Response Cutter program for the acquisition of six cutters. Polar Ice Breaker. To support the procurement of a heavy ice breaker, $25,000,000 is provided for a new joint acquisition strategy developed by the Coast Guard and the U.S. Navy through a Polar Ice Breaking Vessel Integrated Program Office (IPO). These funds are in addition to $30,000,000 already reprogrammed to this effort in fiscal year 2017. Under the new strategy, the IPO will obtain detailed industry feedback through trade-off analyses to further refine and validate operational requirements. A report on polar icebreaker requirements, preferred design, overall acquisition strategy, and a breakout of funds necessary to support the acquisition shall be submitted to the Committees not later than 90 days after the date of enactment of this Act. aircraft HC-130J Aircraft. An additional $90,000,000 above the request is provided for one fully-missionized HC-130J aircraft. shore facilities Within the AC&I total, $44,519,000 is for construction of shore facilities, including $10,000,000 for addressing needs on the Unfunded Priorities List and $15,005,000 to begin repairs on facilities damaged by Hurricane Matthew. The Senate report encouraged the Coast Guard to explore the use of water purification systems free of bromine. Within 90 days of the date of enactment of this Act, the Coast Guard shall brief the Committees on the costs, benefits, and feasibility of adopting this new type of system. Major Acquisition Systems Infrastructure. A total of $50,000,000 is provided, including $22,000,000 to support the Coast Guard's plan to homeport OPCs in the arctic region to replace aging assets. research, development, test, and evaluation A total of $36,319,000 is provided for Research, Development, Test, and Evaluation (RDT&E). The Coast Guard is directed to examine the feasibility, costs, and benefits of conducting intelligence, surveillance, and reconnaissance missions in transit zones using long range/ultra-long endurance, land based, unmanned aerial systems. Within the total provided for RDT&E, $18,000,000 is included for the Coast Guard, in collaboration with CBP and S&T to perform an analysis of alternatives (AoA) on available systems and mission equipment packages before conducting a proof of concept demonstration of selected systems. The Coast Guard shall brief the Committees on its plans for conducting the AoA and proof of concept within 180 days after the date of enactment of this Act. Further, the Coast Guard, along with CBP and S&T, shall brief the Committees on the results of the demonstration within 90 days following its completion. United States Secret Service OPERATIONS AND SUPPORT A total of $1,821,451,000 is provided for Operations and Support, including the following increases above the request: $13,000,000 for additional overtime pay; $28,500,000 for additional agent relocation costs; $8,000,000 for retention efforts; an additional $9,000,000 for the electronic crimes special agent training program; and $6,000,000 for missing and exploited children investigations. The recommendation includes a decrease to the President's budget request of $21,044,000 to fund a realistic and achievable number of FTE. Within the total, $42,966,000 is available until September 30, 2018, to include $6,000,000 for investigations related to missing and exploited children; $5,557,000 for the James J. Rowley Training Center; $8,909,000 for Operational Mission Support; $18,000,000 for protective travel; and $4,500,000 for National Special Security Events (NSSE). The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support: Protective Operations: Protection of Persons and Facilities.................. $586,988,000 $599,759,000 Protective Countermeasures............................ 58,193,000 58,193,000 Protective Intelligence............................... 40,732,000 44,490,000 Presidential Campaigns and National Special Security 48,634,000 51,734,000 Events............................................... ------------------------------------------------- Subtotal, Protective Operations................... $734,547,000 $754,176,000 Field Operations: Domestic and International Field Operations........... 761,427,000 763,271,000 Support for Missing and Exploited Children - - - 6,000,000 Investigations....................................... Support for Computer Forensics Training............... 4,869,000 13,869,000 ------------------------------------------------- Subtotal, Field Operations.................................... $766,296,000 $783,140,000 Basic and In-Service Training and Professional Development 59,575,000 59,507,000 Mission Support........................................... 217,574,000 224,628,000 ------------------------------------------------- Subtotal, Operations and Support...................... $1,777,992,000 $1,821,451,000 ---------------------------------------------------------------------------------------------------------------- The recommendation includes $13,000,000 to implement new overtime payment authority for agents and officers authorized by Public Law 114-31. Due to the heavy demands of the 2016 presidential campaign, and also as a result of the attrition and hiring challenges that have plagued the United States Secret Service (USSS) over the last several years, many agents and officers exceeded the previous legislative cap on overtime pay. This additional funding supports compensation for overtime, combined with basic pay, up to the annual rate of basic pay for level II of the Executive Schedule. Increases to the request are also included to fully support permanent change of station requirements and for necessary retention initiatives. The USSS is directed to fully budget for all known requirements in future years for these efforts. Congress should not be forced to fund known requirements purposely omitted from the budget request. The agreement includes $13,869,000 to enhance current USSS investigative initiatives, including the Electronic Crimes Special Agent Program and Electronic Crimes Task Force missions, and basic and advanced computer forensics training. The Secret Service shall provide periodic briefings to the Committees on the status of investigations and ensure that the associated funding and personnel resources continue to be identified in future budgets. The bill sustains the fiscal year 2016 funding level of $2,366,000 for forensic and investigative support related to missing and exploited children and $6,000,000 for grants related to investigations of missing and exploited children. In addition, the bill continues to provide $4,500,000, as requested, to defray costs specific to Secret Service execution of its statutory responsibilities to direct the planning and coordination of NSSEs. A general provision in the Act prohibits the use of funds to reimburse any federal department or agency for its participation in an NSSE. The Secret Service is directed to provide periodic updates to the Committees on NSSEs planned for fiscal year 2017 prior to and following each event. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $90,627,000 is provided for Procurement, Construction, and Improvements, including reductions of $10,000,000 from protection infrastructure and $10,000,000 from investments in Information Integration and Technology Transformation programs due to carryover of prior year funds. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Procurement, Construction, and Improvements: Protection Assets and Infrastructure...................... $47,737,000 $37,737,000 [[Page H3816]] Operational Communications/Information Technology......... 62,890,000 52,890,000 ------------------------------------------------- Subtotal, Procurement, Construction, and Improvements. $110,627,000 $90,627,000 ---------------------------------------------------------------------------------------------------------------- RESEARCH AND DEVELOPMENT A total of $2,500,000 is provided for Research and Development, as requested. TITLE II--ADMINISTRATIVE PROVISIONS--THIS ACT Section 201. A provision proposed by the House and Senate is continued and modified regarding overtime compensation. Section 202. A provision proposed by the House and Senate is continued and modified allowing CBP to sustain or increase operations in Puerto Rico with appropriated funds. Section 203. A provision proposed by the House and Senate is continued prohibiting the transfer of aircraft and related equipment out of CBP unless certain conditions are met. Section 204. A provision proposed by the House and Senate is continued regarding the availability of COBRA fee revenue. Section 205. A provision proposed by the House and Senate is continued and modified allowing CBP access to certain reimbursements for preclearance activities. Section 206. A provision proposed by the House and Senate is continued regarding the importation of prescription drugs by an individual for personal use. Section 207. A provision proposed by the House and Senate is continued and modified regarding waivers of the Jones Act. Section 208. A provision proposed by the House and Senate is continued prohibiting the collection of new land border fees or the study of the imposition of such fees. Section 209. A provision proposed by the House and Senate is continued allowing the Secretary to reprogram and transfer funds within and into ``U.S. Immigration and Customs Enforcement--Operations and Support'' to ensure the detention of aliens prioritized for removal. Section 210. A provision proposed by the House and Senate is continued prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement-- Operations and Support'' for the 287(g) program if the terms of the agreement governing the delegation of authority have been materially violated. Section 211. A provision proposed by the House and Senate is continued prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement-- Operations and Support'' to contract for detention services if the facility receives less than ``adequate'' ratings in two consecutive performance evaluations. Section 212. A provision proposed by the Senate is included requiring the Secretary to submit a plan for immigration data improvement not later than 90 days after the date of enactment of this Act. The House proposed no similar provision. Section 213. A provision proposed by the House and Senate is continued clarifying that certain elected and appointed officials are not exempt from federal passenger and baggage screening. Section 214. A provision proposed by the House and Senate is continued that directs TSA to deploy explosives detection systems based on risk and other factors. Section 215. A provision proposed by the House and Senate is continued authorizing TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for other purposes authorized by law. Section 216. A provision proposed by the House and Senate is continued that requires TSA to submit a report on TSA passenger and baggage screening. Section 217. A provision proposed by the House and Senate is continued prohibiting the use of funds in abrogation of the statutory requirement for TSA to monitor certain airport exit points. Section 218. A provision proposed by the House and Senate is continued under the heading ``Coast Guard--Operating Expenses'' prohibiting funds made available by this Act for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to this appropriation. Section 219. A provision proposed by the House and Senate is continued and modified allowing up to $10,000,000 to be reprogrammed to or from the ``Coast Guard--Operating Expenses'' Military Pay and Allowances PPA. =========================== NOTE =========================== May 3, 2017, on page H3816, the following appeared: allowing up to $10,000,000 to be reprogrammed to or from PPA ``Coast Guard-- Operating The online version has been corrected to read: allowing up to $10,000,000 to be reprogrammed to or from the ``Coast Guard-- Operating ========================= END NOTE ========================= Section 220. A provision proposed by the House and Senate is continued prohibiting funds from being used to reduce the Coast Guard's Operations Systems Center mission or its government-employed or contract staff. Section 221. A provision proposed by the Senate is continued prohibiting funds to be used to conduct or implement the results of a competition under Office of Management and Budget Circular A-76 with respect to the Coast Guard National Vessel Documentation Center. The House proposed no similar provision. Section 222. A provision proposed by the House and Senate is continued prohibiting the Secretary from reducing operations within the Coast Guard's Civil Engineering Program except as specifically authorized by a statute enacted after the date of enactment of this Act. Section 223. A provision proposed by the House and Senate is continued related to the allocation of funds for Overseas Contingency Operations/Global War on Terrorism. Section 224. A provision proposed by the House and Senate is continued allowing the Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training. Section 225. A provision proposed by the House and Senate is continued prohibiting funds made available to the Secret Service for the protection of the head of a federal agency other than the Secretary of Homeland Security, except where the Director has entered into an agreement for such protection services. Section 226. A provision proposed by the House and Senate is continued limiting the opening of domestic and international field offices by the Secret Service. Section 227. A provision proposed by the House and Senate is continued and modified allowing the reprogramming of funds within ``United States Secret Service--Operations and Support''. Section 228. A provision proposed by the House and Senate is continued and modified allowing for funds made available for the ``United States Secret Service--Operations and Support'' to be available for travel of employees on protective missions without regard to the limitations on such expenditures. TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY National Protection and Programs Directorate OPERATIONS AND SUPPORT A total of $1,372,268,000 is provided for Operations and Support of the National Protection and Programs Directorate (NPPD), including $235,429,000 for the Office of Biometric Identity Management (OBIM). Based on under-execution of funding for personnel, the Act reduces the request by $37,781,890 and 386 FTE. To help address the need to retain and hire personnel with the requisite cybersecurity skills, however, the total includes all funding requested for special cyber pay and bonuses. In lieu of the briefing required in Senate Report 114-264, NPPD is directed to include with the fiscal year 2018 budget request a five-year plan to ensure appropriate office space for headquarters, regional, and field staff. The plan shall ensure headquarters staff is appropriately consolidated and whenever possible regional offices are collocated with other components to maximize mission collaboration. Not later than 90 days after the date of enactment of this Act, NPPD shall provide a report to the Committees describing the definition and process used to categorize each amount in the NPPD PPAs as either defense or non-defense. In lieu of the requirement in the Senate report regarding strategic documentation for proposed increases for Protective Security Advisors or Cyber Security Advisors, NPPD shall include detailed justifications in the budget request. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support: Cybersecurity: Cyber Readiness and Response: NCCIC Operations.................................. $116,168,000 $108,402,000 (CERT)............................................ (94,134,000) (86,368,000) NCCIC Planning and Exercises...................... 92,683,000 88,502,000 (CERT)............................................ (65,788,000) (61,607,000) Cyber Infrastructure Resilience: Cybersecurity Advisors............................ 13,535,000 12,970,000 Enhanced Cybersecurity Services................... 16,830,000 16,950,000 Cybersecurity Education and Awareness............. 7,886,000 14,133,000 Federal Cybersecurity: Federal Network Resilience........................ 37,005,000 35,013,000 Continuous Diagnostics and Mitigation............. 8,878,000 7,565,000 National Cybersecurity Protection System.......... 389,355,000 385,879,000 ------------------------------------------------- [[Page H3817]] Subtotal, Cybersecurity....................... $682,340,000 $669,414,000 Infrastructure Protection: Infrastructure Capacity Building: Sector Risk Management........................ 41,611,000 42,396,000 Protective Security Advisors.................. 39,490,000 39,723,000 Bombing Prevention............................ - - - 15,070,000 Infrastructure Information and Sensitive Data 19,889,000 19,546,000 Protection................................... Infrastructure Security Compliance............ 76,876,000 69,557,000 ------------------------------------------------- Subtotal, Infrastructure Protection......... $177,866,000 $186,292,000 Emergency Communications: Emergency Communications Preparedness............. 43,260,000 44,097,000 Priority Telecommunications Services GETS/WPS/SRAS/ 55,406,000 55,730,000 TSP.............................................. Next Generation Networks Priority Services........ 1,966,000 2,214,000 ------------------------------------------------- Subtotal, Emergency Communications............ $100,632,000 $102,041,000 Integrated Operations: Cyber and Infrastructure Analysis: National Infrastructure Simulation Analysis 12,993,000 18,650,000 Center (NISAC)............................... Infrastructure Analysis....................... 24,443,000 23,230,000 Critical Infrastructure Situational Awareness. 16,344,000 16,176,000 Stakeholder Engagement and Requirements....... 43,150,000 41,959,000 Strategy, Policy, and Plans................... 14,707,000 9,669,000 ------------------------------------------------- Subtotal, Integrated Operations............. $111,637,000 $109,684,000 Office of Biometric Identity Management: Identity and Screening Program Operations......... - - - 71,954,000 IDENT/Homeland Advanced Recognition Technology.... - - - 163,475,000 ------------------------------------------------- Subtotal, Office of Biometric Identity - - - $235,429,000 Management................................... Mission Support....................................... $75,027,000 $69,408,000 Defense........................................... (23,390,000) (21,516,000) ------------------------------------------------- Subtotal, Operations and Support.............. $1,147,502,000 $1,372,268,000 ---------------------------------------------------------------------------------------------------------------- Cybersecurity A total of $669,414,000 is provided for Cybersecurity, including $9,500,000 for the Multi-State Information Sharing and Analysis Center (MS-ISAC) to support its updated requirement for fiscal year 2017, and $12,970,000 for Cyber Security Advisors. The National Cybersecurity and Communications Integration Center (NCCIC) is funded at $196,904,000, including $147,975,000 for Computer Emergency Response Teams (CERT). Within 120 days of the date of enactment of this Act, NPPD shall brief the Committees on the types of assistance, including technical and formal ongoing engagement, available to state and local governments, including law enforcement agencies, to protect their networks. The Department shall also work to include state and local law enforcement agencies in the National Cybersecurity Review, and shall continue raising awareness among these agencies on the need to strengthen their own cyber-defenses and on the resources available for such purposes. Cybersecurity Education and Awareness. The bill includes a total of $14,133,000 for cybersecurity education, of which $13,698,000 is provided through the Cyber Infrastructure Resilience PPA and $435,000 is provided through the Mission Support PPA. Any future proposed funding reductions to cybersecurity education will not be considered unless the Directorate provides a clear plan for how the funded activities would be fully realigned within other agencies in a manner that sustains the objectives of this critical effort. Federal Cybersecurity. NPPD continues efforts to find common strategies and security solutions across the federal government for cybersecurity, such as Einstein and Continuous Diagnostics and Mitigation. Funds appropriated to DHS, however, should supplement but not supplant appropriations of other federal departments and agencies. NPPD is directed to develop a strategic plan, in conjunction with OMB and partner departments and agencies, for securing civilian federal networks. The plan shall include an effective cost model whereby departments and agencies assume responsibility for the costs of their own systems while also using NPPD subject matter expertise and bulk-buying capabilities when it enhances security and is cost effective. NPPD shall provide the strategic plan to the Committees not later than 250 days after the date of enactment of this Act, including a proposed governance structure, roles and responsibilities of departments and agencies, responsibilities inherent to NPPD, and a model for ensuring a long-term and sound financing structure for federal cybersecurity needs. Infrastructure Protection A total of $186,292,000 is provided for Infrastructure Protection, including the requested level of funding for the National Infrastructure Coordination Center and $39,723,000 for Protective Security Advisors. Reductions to the request reflect adjustments to hiring projections. Emergency Communications A total of $102,041,000 is provided for Emergency Communications, including $2,000,000 to continue projects supporting the development of the National Emergency Communications Plan. Integrated Operations A total of $109,684,000 is provided for Integrated Operations, of which $1,679,000 is for Stakeholder Engagement and Requirements to continue the Software Assurance Program. Office of Biometric Identity Management A total of $235,429,000 is provided for OBIM, $11,600,000 below the amount requested due to delays in the Homeland Advanced Recognition Technology (HART) program and $8,000,000 in contract savings. Although the fiscal year 2017 request proposed the transfer of OBIM from NPPD to CBP, in the absence of authorizing legislation directing such a realignment, this Act continues to fund OBIM through NPPD. Until the Secretary or his designee briefs the Committees, as specified in section 301 of this Act, on how OBIM is addressing stakeholder concerns regarding requirements and priorities, $20,000,000 is withheld from obligation. FEDERAL PROTECTIVE SERVICE A total of $1,451,078,000 is made available for the Federal Protective Service (FPS), as requested. This funding is generated by collections of security fees from federal agencies based on security services provided by FPS. The Secretary and the Director of OMB shall certify in writing to the Committees, not later than 60 days after the date of enactment of this Act, that FPS operations will be fully funded in fiscal year 2017 through the collection of security fees. Should sufficient revenue not be collected to fully fund operations, an expenditure plan is required describing how security risks will be adequately addressed. In lieu of direction in the Senate bill regarding a strategic human capital plan, the Director of FPS shall provide a semi-annual briefing to the Committees detailing the alignment of staffing resources with mission requirements based on a current threat assessment. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Federal Protective Service: FPS Operations: Operating Expenses.................................... $368,892,000 $368,892,000 Countermeasures: Protective Security Officers.......................... 1,059,825,000 1,059,825,000 Technical Countermeasures............................. 22,361,000 22,361,000 ------------------------------------------------- Subtotal, Federal Protective Service (gross)...... $1,451,078,000 $1,451,078,000 Offsetting Collections.................................... -1,451,078,000 -1,451,078,000 ------------------------------------------------- Subtotal, Federal Protective Service (net)........ - - - - - - ---------------------------------------------------------------------------------------------------------------- [[Page H3818]] PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $440,035,000 is provided for Procurement, Construction, and Improvements. Within the total is $52,800,000 for OBIM's continued HART acquisition, which reflects savings realized by not transferring the program to CBP. As noted above, the Act includes a withholding of funds under Operations and Support until OBIM provides a plan to accelerate the multi-modal biometric capabilities of HART Increment 2. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Procurement, Construction, and Improvements: Cybersecurity: Continuous Diagnostics and Mitigation................. $266,971,000 $217,409,000 National Cybersecurity Protection System.............. 81,771,000 81,771,000 ------------------------------------------------- Subtotal, Cybersecurity....................... $348,742,000 $299,180,000 Emergency Communications: Next Generation Networks Priority Services............ 88,055,000 88,055,000 ------------------------------------------------- Subtotal, Emergency Communications............ $88,055,000 $88,055,000 Biometric Identity Management: IDENT/Homeland Advanced Recognition Technology........ - - - 52,800,000 ------------------------------------------------- Subtotal, Biometric Identity Management....... - - - $52,800,000 ------------------------------------------------- Subtotal, Procurement, Construction, and $436,797,000 $440,035,000 Improvements..................................... ---------------------------------------------------------------------------------------------------------------- =========================== NOTE =========================== May 3, 2017, on page H3818, numerous typographical errors appeared in tabular material printed under the heading ``Federal Emergency Management Agency Operations and Support.'' The online version has been corrected to read as shown below. ========================= END NOTE ========================= RESEARCH AND DEVELOPMENT A total of $6,469,000 is provided for Research and Development. Of the amount provided for Infrastructure Protection, $2,000,000 is designated for the Technology Development and Deployment Program to define agency needs, identify requirements for community level critical infrastructure protection and resilience, and rapidly develop, test, and transition to use technologies that address these needs and requirements. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Research and Development:..................................... Cybersecurity............................................. $2,030,000 $2,030,000 Infrastructure Protection................................. 2,439,000 4,439,000 ------------------------------------------------- Subtotal, Research and Development.................... $4,469,000 $6,469,000 ---------------------------------------------------------------------------------------------------------------- Office of Health Affairs OPERATIONS AND SUPPORT A total of $123,548,000 is provided for Operations and Support. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support: Chemical and Biological Readiness......................... - - - $82,689,000 Health and Medical Readiness.............................. - - - 4,352,000 Integrated Operations..................................... - - - 11,809,000 Mission Support........................................... - - - 24,698,000 ------------------------------------------------- Subtotal, Operations and Support...................... - - - $123,548,000 ---------------------------------------------------------------------------------------------------------------- Chemical and Biological Readiness A total of $82,689,000 is provided for the Chemical and Biological Readiness PPA, which fully funds operations of the current BioWatch program. The bill includes a provision withholding $2,000,000 from OHA Mission Support until OHA, in conjunction with the Science and Technology Directorate (S&T) and other components as appropriate, submits a strategic plan to the Committees. This plan shall include: a plan to advance early detection of a bioterrorism event; details on the responsibilities of OHA, S&T, and other departmental components as appropriate for implementing such strategy; details on coordination with other federal agencies, including the Department of Defense, which have made investments in bioterrorism detection research; specific timelines and benchmarks; an expenditure plan for fiscal year 2017 BioWatch funds; and cost estimates for the next generation of biosurveillance tools. The bill also permits the transfer of up to $2,000,000 from OHA to S&T for activities related to implementation of this plan. Integrated Operations A total of $11,809,000 is provided for Integrated Operations. The amount includes an increase of $2,500,000 above the request to support the operationalization of successful pilot programs of the National Biosurveillance Integration Center, promising new pilots, or other high priority or emerging requirements. Federal Emergency Management Agency OPERATIONS AND SUPPORT A total of $1,048,551,000 is provided for Operations and Support. This amount reflects reductions to the request totaling $5,144,000 due to projected under execution of proposed FTE. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support: Regional Operations....................................... $157,134,000 $157,134,000 Mitigation................................................ 24,887,000 28,213,000 Preparedness and Protection............................... 146,356,000 146,356,000 Response and Recovery: Response.............................................. 178,500,000 187,806,000 (Urban Search and Rescue)......................... (27,513,000) (38,280,000) Recovery.............................................. 58,687,000 56,126,000 Mission Support........................................... 472,916,000 472,916,000 ------------------------------------------------- Subtotal, Operations and Support.............. $1,038,480,000 $1,048,551,000 (Defense)..................................... (46,788,000) (46,788,000) ---------------------------------------------------------------------------------------------------------------- Mitigation A total of $28,213,000 is provided for Mitigation. Within the total, not less than $8,500,000 is for the National Earthquake Hazards Reduction Program and not less than $9,100,000 is for the National Dam Safety Program, maintaining both programs at fiscal year 2016 funding levels. Preparedness and Protection A total of $146,356,000 is provided for Preparedness and Protection. Within the total, not less than $2,000,000 is for the Emergency Management Assistance Compact. Response and Recovery A total of $243,932,000 is provided for Response and Recovery. Within the total, $38,280,000 is for the Urban Search and Rescue Response System (USAR), which maintains the fiscal year 2016 funding level to support 28 USAR Task Forces and includes a one-time increase of $3,100,000 to ensure teams are uniformly equipped. In lieu of additional funding recommended in Senate Report 114-264, FEMA shall brief the Committees on efforts to build upon the findings of the 2011 Mid-Atlantic Supply Chain Resiliency Study by developing innovative and efficient ways to use the national [[Page H3819]] supply chain for post-disaster delivery of commodities, including future budgetary needs to implement such a strategy. Mission Support A total of $472,916,000 is provided for Mission Support, including $3,460,000 for the Office of National Capital Region Coordination. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $35,273,000 is provided for Procurement, Construction, and Improvements. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Procurement, Construction, and Improvements: Operational Communications/Information Technology......... $2,800,000 $2,800,000 Construction and Facility Improvements.................... 21,050,000 21,050,000 Mission Support, Assets, and Infrastructure............... 11,423,000 11,423,000 ------------------------------------------------- Subtotal, Procurement, Construction, and Improvements. $35,273,000 $35,273,000 (Defense)............................................. (15,500,000) (15,500,000) ---------------------------------------------------------------------------------------------------------------- Construction and Facility Improvements A total of $21,050,000 is provided for Construction and Facility Improvements, including $15,500,000 for the Mount Weather Emergency Operations Center. FEMA shall provide an updated capital infrastructure investment plan for fiscal years 2017 through 2021, consistent with the direction in House Report 114-215. FEDERAL ASSISTANCE A total of $2,983,458,000 is provided for Federal Assistance. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Federal Assistance: Grants: State Homeland Security Grant Program................. $200,000,000 $467,000,000 (Operation Stonegarden)........................... - - - (55,000,000) Urban Area Security Initiative........................ 330,000,000 605,000,000 (Nonprofit Security).............................. - - - (25,000,000) Public Transportation Security Assistance............. 85,000,000 100,000,000 (Amtrak Security)................................. (10,000,000) (10,000,000) (Over-the-Road Bus Security)...................... - - - (2,000,000) Port Security Grants.................................. 93,000,000 100,000,000 Countering Violent Extremism.......................... 49,000,000 - - - Regional Competitive Grant Program.................... 100,000,000 - - - Assistance to Firefighter Grants...................... 335,000,000 345,000,000 Staffing for Adequate Fire and Emergency Response 335,000,000 345,000,000 (SAFER) Grants....................................... Emergency Management Performance Grants............... 350,000,000 350,000,000 Predisaster Mitigation Fund........................... 54,485,000 100,000,000 Flood Hazard Mapping and Risk Analysis Program 177,531,000 177,531,000 (RiskMAP)............................................ Emergency Food and Shelter............................ 100,000,000 120,000,000 ------------------------------------------------- Subtotal, Grants.............................. $2,209,016,000 $2,709,531,000 Education, Training, and Exercises: Center for Domestic Preparedness.................. 63,939,000 63,939,000 Center for Homeland Defense and Security.......... 18,000,000 18,000,000 Emergency Management Institute.................... 19,643,000 20,569,000 U.S. Fire Administration.......................... 40,812,000 42,500,000 National Domestic Preparedness Consortium......... 36,000,000 101,000,000 Continuing Training Grants........................ ....................... 8,000,000 National Exercise Program......................... 19,911,000 19,919,000 ------------------------------------------------- Subtotal, Education, Training, and Exercises.. $198,305,000 $273,927,000 ------------------------------------------------- Subtotal, Federal Assistance.................. $2,407,321,000 $2,983,458,000 ---------------------------------------------------------------------------------------------------------------- Grants A total of $2,709,531,000 is provided for Grants. FEMA grantees shall continue to provide reports on their use of funds, as determined necessary by the Secretary. FEMA preparedness grants are primarily designed to build core capabilities to address terrorist attacks. Because the threat environment has become more dynamic, however, it has created a tension between sustaining current capabilities and addressing changes in the threat landscape. The FEMA risk formula, which determines the distribution of homeland security preparedness grants, should evolve with the changing threat environment while also maintaining capabilities for traditional and known threats. While FEMA updates data points for incorporation, and considers comments from grantees on how the risk formula might be improved, it is not clear that there is a comprehensive process for re-evaluating the risk formula as part of the larger strategic context. FEMA is directed to brief the Committees not later than 180 days after the date of enactment of this Act on how developing and maintaining core capabilities addresses current and emerging threats; how FEMA adjusts the risk formula and training needs for emerging threats; and on innovative ways to increase responsiveness of the annual grant allocation process to address current threats. Urban Area Security Initiative. Consistent with the 9/11 Act, FEMA shall conduct risk assessments for the 100 most populous metropolitan statistical areas prior to making UASI grant awards. It is expected that UASI funding will be limited to urban areas representing up to 85 percent of the cumulative national terrorism risk to urban areas and that resources will continue to be allocated in proportion to risk. Countering Violent Extremism. The fiscal year 2016 Consolidated Appropriations Act provided $50,000,000, available until September 30, 2017, for emergent threats from violent extremism and from complex, coordinated terrorist attacks, like the 2015 incident in Paris, France. Of this total, $10,000,000 was dedicated specifically for countering violent extremism (CVE) to explore ways to prevent radicalization and deter recruitment of vulnerable people who could be inspired to commit acts of terror. Although grant awards were announced in accordance with congressional intent on January 13, 2017, Congress has learned the grants have so far been withheld from obligation. The Department is reminded of the requirements set forth in the Impoundment Control Act (ICA). If the Administration is withholding this budget authority from obligation--temporarily or permanently--it is required under the ICA to send a ``special message'' to Congress and the Comptroller General of the United States that specifies why the funds are being withheld from obligation. Importantly, funds cannot be deferred for policy reasons. Given the current impasse and the currently available funds, no additional funds are provided for CVE grants in this Act. The Secretary is directed to fulfill congressional intent by releasing the fiscal year 2016 funding without delay. Flood Hazard Mapping and Risk Analysis. A total of $177,531,000 is provided for Flood Hazard Mapping and Risk Analysis. FEMA shall ensure data collection and modeling processes are transparent from beginning to end and involve the active participation of local jurisdictions to ensure maps accurately reflect local conditions and minimize costs to local communities. Emergency Food and Shelter Program. A total of $120,000,000 is provided for the Emergency Food and Shelter Program (EFSP). Once again, the budget request included a provision allowing the FEMA Administrator to transfer EFSP to the Department of Housing and Urban Development (HUD). While this proposal may have merit, Congress and other stakeholders have not been properly consulted in developing support for such a transfer. If future budget requests again propose moving EFSP to HUD, they should do so directly within the HUD budget, including the justification for moving the program; a plan for funds transfer, including previously obligated amounts and recoveries; a five-year strategic outlook for the program within HUD; a timeline for an interagency agreement effecting the transfer; and a description of efforts to consult with the EFSP National Board on the proposed move. Education, Training, and Exercises A total of $273,927,000 is provided for Education, Training, and Exercises. Within the total, $8,000,000 is for Continuing Training, including $3,500,000 for rural first responder training. [[Page H3820]] A total of $44,000,000 is provided for the United States Fire Administration, including $42,500,000 under this heading and $1,500,000 under the Procurement, Construction, and Improvements appropriation. Funding described in the Senate report for facilities at the Center for Domestic Preparedness is also included as part of the Procurement, Construction, and Improvements appropriation. DISASTER RELIEF FUND A total of $7,328,515,000 is provided for the Disaster Relief Fund (DRF), of which $6,713,000,000 is designated as being for disaster relief for major disasters pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. In lieu of transferring funding from the DRF to the OIG for audits of disaster-related grant awards, as proposed in the budget and directed in prior appropriations Acts, funding for DRF audits is provided directly to the OIG for better congressional oversight. As directed in Senate Report 114-264, FEMA shall provide a report, not later than 180 days after the date of enactment of this Act, outlining specific actions and timeframes for state and local governments to better share information about fiscal preparation for disaster costs. NATIONAL FLOOD INSURANCE FUND A total of $181,799,000 is provided for the National Flood Insurance Fund. TITLE III--ADMINISTRATIVE PROVISIONS--THIS ACT (Including transfer of funds) =========================== NOTE =========================== May 3, 2017, on page H3820, the following appeared: (INCLUDING THE TRANSFERS OF FUNDS) The online version has been corrected to read: (INCLUDING TRANSFER OF FUNDS) ========================= END NOTE ========================= Section 301. A new provision proposed by the House is included restricting obligations until a briefing and plan for modernizing the biometric identity management system is submitted. The Senate proposed no similar provision. Section 302. A new provision is included requiring the submission of a report on bio-detection capabilities. Section 303. A provision proposed by the House and Senate is continued and modified limiting expenses for administration of grants. Section 304. A provision proposed by the House and Senate is continued specifying timeframes for certain grant applications and awards. Section 305. A provision proposed by the House and Senate is continued that requires five day advance notification for certain grant awards under ``FEMA--Federal Assistance''. Section 306. A provision proposed by the House and Senate is continued that addresses the availability of certain grant funds for the installation of communications towers. Section 307. A provision proposed by the House and Senate is continued that authorizes the use of funds for certain purposes pertaining to FEMA training facilities. Funding used for such purpose shall only come from funds specifically appropriated to the facility for which the property is acquired. Section 308. A provision proposed by the House and Senate is continued and modified allowing reimbursements for the costs of providing humanitarian relief to unaccompanied alien children, and for public safety in support of a state declaration of emergency, to be an eligible use for certain Homeland Security grants. Section 309. A provision proposed by the House and Senate is continued that requires the submission of the monthly DRF report. Section 310. A new provision proposed by the Senate is included transferring unobligated balances from the Disaster Assistance Direct Loan Program to the Disaster Relief Fund. Section 311. A new provision proposed by the Senate is included related to earthen levees. The House proposed no similar provision. Section 312. A provision proposed by the House and Senate is continued providing for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program, as authorized by Public Law 105-276. TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S. Citizenship and Immigration Services OPERATIONS AND SUPPORT A total of $103,912,000 is provided in discretionary appropriations for E-Verify. DHS is continuing to evaluate tools to analyze relevant social media in vetting for certain types of immigration benefits. It is crucial that DHS efficiently, effectively, and appropriately examine all relevant social media data sources from both conventional networks and the ``dark web,'' with special emphasis on those networks used outside the U.S. where most of the postings are in languages other than English. In addition, DHS must maintain persistent access to these sources throughout the adjudication process. Until DHS is able to incorporate social media more comprehensively into its vetting processes, USCIS is directed to work with the Department of State to ensure appropriate social media vetting for the highest risk persons seeking admission into the United States or seeking benefits while in the United States. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $15,227,000 is provided in discretionary appropriations for E-Verify. FEDERAL ASSISTANCE In lieu of a discretionary appropriation for the Citizenship and Integration Grant Program, and consistent with prior years, an administrative provision is included at the end of title IV to permit USCIS to obligate not more than $10,000,000 from user fee revenue to support grants to benefit individuals who are lawfully admitted into the United States. In addition to the fee revenue made available for this purpose, the Department has the authority to accept private donations that will support activities that promote citizenship and integration. To facilitate the acceptance and use of such donations by USCIS, the bill establishes a Treasury account for that purpose. Federal Law Enforcement Training Centers OPERATIONS AND SUPPORT A total of $242,518,000 is provided for Operations and Support, including $50,748,000, made available for two years, for materials and support costs related to Federal law enforcement basic training and $27,553,000, made available for three years, for minor alterations and maintenance of facilities. FLETC shall provide to the Committees quarterly plans for the obligation of funds, as specified in the explanatory statement accompanying Public Law 114-113, and include a review of FLETC's hiring campaigns and attrition levels. FLETC shall detail in its annual budget submission how data supports its core business decision-making processes, including its facility utilization processes, and shall provide semi-annual updates on this ongoing initiative, beginning within the first 90 days of the date of the enactment of this Act. FLETC is encouraged to support continued testing and evaluation of both prototype and proven active shooter response technologies and to share its findings with its partner organizations. Science and Technology Directorate OPERATIONS AND SUPPORT A total of $311,122,000 is provided for Operations and Support. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Operations and Support: Laboratory Facilities..................................... $133,942,000 $133,942,000 Acquisition and Operations Analysis....................... 48,392,000 48,392,000 Mission Support........................................... 127,904,000 128,788,000 ------------------------------------------------- Subtotal, Operations and Support...................... $310,238,000 $311,122,000 ---------------------------------------------------------------------------------------------------------------- RESEARCH AND DEVELOPMENT A total of $470,624,000 is provided for Research and Development. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Research and Development: Research, Development, and Innovation..................... $417,420,000 $430,124,000 University Programs....................................... 31,085,000 40,500,000 ------------------------------------------------- Subtotal, Research and Development.................... $448,505,000 $470,624,000 ---------------------------------------------------------------------------------------------------------------- Research, Development, and Innovation A total of $430,124,000 is provided for Research, Development, and Innovation (RD&I). In lieu of the $12,000,000 transfer from BioWatch proposed by the Senate, the bill allows up to $2,000,000 to be transferred from OHA to S&T for the advancement of next generation biosurveillance tools. In addition, $3,900,000 is included for S&T RD&I to initiate long-term research in leap-ahead technologies that can be applied across more varied operational biosurveillance environments. This work includes the establishment of key performance parameters for biodetection, while leveraging the bioterrorism research investments of other federal agencies, most notably the Department of Defense. [[Page H3821]] S&T is directed to brief the Committees on the proposed allocation of RD&I funds by not later than 60 days after the date of enactment of this Act. In lieu of the direction in the Senate report, S&T is directed to brief the Committees not later than 90 days after the date of enactment of this Act on how external peer review is incorporated into its current processes. As directed in the House report, DHS shall issue a Management Directive formalizing the Integrated Product Team construct to ensure continued progress towards institutionalizing repeatable processes within S&T. S&T has formalized relationships with academic partners on UAS research, testing, and development, as directed in the Senate report. S&T is directed to expeditiously execute agreements for activities necessary to mature and institutionalize DHS's efficient, effective use of UAS. As directed in the Senate report, S&T shall update the Committees on the outcome of the feasibility study for installing grid reliability technology not later than 30 days after its completion. In the event of a favorable outcome from the study, S&T is encouraged to continue development of the Resilient Electric Grid in partnership with the relevant utility companies. University Programs A total of $40,500,000 is provided for University Programs. S&T shall prioritize collaborations with qualified research universities to support critical research topics in priority areas, including border security, cybersecurity, and first responder technology. Domestic Nuclear Detection Office OPERATIONS AND SUPPORT A total of $50,042,000 is provided for Operations and Support, which includes a reduction of $500,000 due to personnel vacancies. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS A total of $101,053,000 is provided for Procurement, Construction, and Improvements, of which $53,709,000 is for Large Scale Detection Systems and $47,344,000 is for Human Portable Radiation/Nuclear Detection Systems. The reduction below the request reflects $1,300,000 in unobligated carryover balances that should be used to support planned Human Portable Radiation/Nuclear Detection System procurements in fiscal year 2017. RESEARCH AND DEVELOPMENT A total of $155,061,000 is provided for Research and Development. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Research and Development:..................................... Architecture Planning and Analysis........................ - - - $15,072,000 Transformational Research and Development................. - - - 62,028,000 Detection Capability Development.......................... - - - 19,851,000 Detection Capability Assessments.......................... - - - 39,272,000 Nuclear Forensics......................................... - - - 18,838,000 ------------------------------------------------- Subtotal, Research and Development.................... - - - $155,061,000 ---------------------------------------------------------------------------------------------------------------- FEDERAL ASSISTANCE A total of $46,328,000 is provided for Federal Assistance. Including the funds provided within the Operations and Support appropriation, the bill provides a total of $22,000,000 for Securing the Cities. TITLE IV--ADMINISTRATIVE PROVISIONS--THIS ACT Section 401. A provision proposed by the House and Senate is continued allowing USCIS to acquire, operate, equip, and dispose of up to five vehicles under certain scenarios. Section 402. A provision proposed by the House and Senate is continued prohibiting USCIS from granting immigration benefits unless the results of background checks are completed prior to the granting of the benefit and the results do not preclude the granting of the benefit. Section 403. A provision proposed by the Senate is continued limiting the use of A-76 competitions by USCIS. The House proposed no similar provision. Section 404. A provision proposed by the House and Senate is continued and modified making immigration examination fee collections explicitly available for immigrant integration grants, not to exceed $10,000,000, in fiscal year 2017, and allowing for related donations. Section 405. A provision proposed by the House and Senate is continued authorizing the Director of FLETC to distribute funds for incurred training accreditation. Section 406. A provision proposed by the House and Senate is continued directing the Director of FLETC to ensure FLETC training facilities are operated at capacity throughout the fiscal year. Section 407. A provision proposed by the House and Senate is continued directing the FLETC Accreditation Board to lead the Federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors. Section 408. A new provision proposed by the House is modified establishing the ``Federal Law Enforcement Training Centers--Procurement, Construction, and Improvements'' appropriation, and allowing for the acceptance of transfers from government agencies into this appropriation. The Senate proposed no similar provision. Section 409. A provision proposed by the House and Senate is continued classifying FLETC instructor staff as inherently governmental for certain considerations. TITLE V--GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) Section 501. A provision proposed by the House and Senate is continued directing that no part of any appropriation shall remain available for obligation beyond the current year unless expressly provided. Section 502. A provision proposed by the House and Senate is continued providing authority to merge unexpended balances of prior appropriations with new appropriation accounts, to be used for the same purpose, subject to reprogramming guidelines. Section 503. A provision proposed by the House and Senate is continued and modified limiting reprogramming authority for funds within an appropriation and providing limited authority for transfers between appropriations. The Department must notify the Committees on Appropriations prior to each reprogramming of funds that would reduce programs, projects, activities, or personnel by more than ten percent. Notifications are also required for each reprogramming of funds that would increase a program, project, or activity by more than $5,000,000 or ten percent, whichever is less. The Department must submit these notifications to the Committees on Appropriations at least 15 days in advance of any such reprogramming. For transfers, accounts may not be reduced by more than five percent or increased by more than ten percent. The Committees on Appropriations must be notified 30 days in advance of any transfer. Transfer authority is provided to give the Department flexibility in responding to emerging requirements and significant changes in circumstances, but is not primarily intended to facilitate the implementation of new programs, projects, or activities that were not proposed in a formal budget submission. To avoid violations of the Anti-Deficiency Act, the Secretary shall ensure that any transfer of funds is carried out in compliance with the limitations and requirements of section 503(b). In particular, the Secretary should ensure that any such transfers adhere to the opinion of the Comptroller General's decision in The Matter of: John D. Webster, Director, Financial Services, Library of Congress, dated November 7, 1997, with regard to the definition of an appropriation subject to transfer limitations. For purposes of reprogramming notifications, ``program, project, or activity'' is defined as an amount identified in the detailed funding table located at the end of this statement or an amount directed for a specific purpose in this statement. Also for purposes of reprogramming notifications, the creation of a new program, project, or activity is defined as any significant new activity that has not been explicitly justified to the Congress in budget justification material and for which funds have not been appropriated by the Congress. For further guidance when determining which movements of funds are subject to section 503, the Department is reminded to follow GAO's definition of ``program, project, or activity'' as detailed in GAO's A Glossary of Terms Used in the Federal Budget Process. Within 30 days of the date of enactment of this Act, the Department shall submit to the Committees a table delineating PPAs subject to section 503 notification requirements, as defined in this paragraph. All agencies funded by the Department of Homeland Security Appropriations Act, 2017, must comply with these reprogramming requirements. In addition, the Department shall submit requests on a timely basis and provide complete explanations of the proposed reallocations, including detailed justifications for the increases and offsets, and any specific impact the proposed changes would have on the budget request for the following fiscal year and future-year appropriations requirements. Each notification submitted to the Committees should include a detailed table showing the proposed revisions to funding and FTE--at the account, program, project, and activity level--for the current fiscal year, along with any funding and FTE impacts on the budget year. The Department shall manage its PPAs within the levels appropriated, and should only submit reprogramming or transfer notifications in cases of unforeseeable and compelling circumstances that could not have been predicted when formulating the budget request for the current fiscal year. When the Department submits a reprogramming or transfer notification and does not receive [[Page H3822]] identical responses from the House and Senate Committees, it is expected to reconcile the differences before proceeding. The Department is not to submit a reprogramming or transfer notification after June 30 except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. If an above-threshold reprogramming or a transfer is needed after June 30, the notice should contain sufficient documentation as to why it meets this statutory exception. The section 503(a)(5) limitation on reprogramming funds for the purpose of reorganizing components is not intended to apply to routine or small reallocations of personnel or functions within components. Instead, this language is directed at larger reorganizations of the Department, to include the allocation or reallocation of functions across components and the establishment, consolidation, alteration, or discontinuation of organizational units authorized pursuant to section 872 of the Homeland Security Act of 2002. A notification under this subsection is not required for a change of homeport for USCG vessels. Deobligated funds are also subject to the reprogramming and transfer limitations and requirements set forth in this section. Section 503(e) authorizes the Secretary to transfer up to $20,000,000 to address immigration emergencies after notifying the Committees of such transfer at least five days in advance. Section 504. A provision proposed by the House and Senate is continued prohibiting funds appropriated or otherwise made available to the Department to make payment to the Working Capital Fund (WCF), except for activities and amounts allowed in the President's fiscal year 2017 budget request. Funds provided to the WCF are available until expended. The Department can only charge components for direct usage of the WCF and these funds may be used only for the purposes consistent with the contributing component. Any funds paid in advance or for reimbursement must reflect the full cost of each service. The Department shall submit a notification prior to adding a new activity to the fund or eliminating an existing activity from the fund. For activities added to the fund, such notifications shall detail the source of funds by PPA. In addition, the Department shall submit quarterly WCF execution reports to the Committees that include activity- level detail. Section 505. A provision proposed by the House and Senate is continued and modified providing that not to exceed 50 percent of unobligated balances from prior year appropriations for each Operations and Support appropriation, the Coast Guard's Operating Expenses appropriation, and amounts for salaries and expenses in the Coast Guard's Reserve Training and Acquisition, Construction, and Improvements accounts, shall remain available through fiscal year 2018, subject to section 503 reprogramming requirements. Section 506. A provision proposed by the House and Senate is continued that deems intelligence activities to be specifically authorized during fiscal year 2017 until the enactment of an Act authorizing intelligence activities for fiscal year 2017. Section 507. A provision proposed by the House and Senate is continued requiring notification to the Committees at least three days before DHS executes or announces grant allocations; grant awards; contract awards, including contracts covered by the Federal Acquisition Regulation; other transaction agreements; letters of intent; a task or delivery order on multiple award contracts totaling $1,000,000 or more; a task or delivery order greater than $10,000,000 from multi-year funds; or sole-source grant awards. Notifications shall include a description of projects or activities to be funded and their location, including city, county, and state. Section 508. A provision proposed by the House and Senate is continued prohibiting all agencies from purchasing, constructing, or leasing additional facilities for Federal law enforcement training without advance notification to the Committees. Section 509. A provision proposed by the House and Senate is continued prohibiting the use of funds for any construction, repair, alteration, or acquisition project for which a prospectus, if required under chapter 33 of title 40, United States Code, has not been approved. Section 510. A provision proposed by the House and Senate is continued and modified that includes and consolidates by reference prior-year statutory provisions related to a contracting officer's technical representative training; sensitive security information; and the use of funds in conformance with section 303 of the Energy Policy Act of 1992. Section 511. A provision proposed by the House and Senate is continued prohibiting the use of funds in contravention of the Buy American Act. Section 512. A provision proposed by the House and Senate is continued regarding the oath of allegiance required by section 337 of the Immigration and Nationality Act. Section 513. A provision proposed by the House is continued prohibiting funds for the Principal Federal Official during a Stafford Act declared disaster or emergency, with certain exceptions. The Senate proposed no similar provision. Section 514. A provision proposed by the House and Senate is continued and modified extending other transactional authority for DHS through fiscal year 2017. Section 515. A provision proposed by the House and Senate is continued prohibiting funds for planning, testing, piloting, or developing a national identification card. Section 516. A provision proposed by the House and Senate is continued directing that any official required by this Act to report or certify to the Committees on Appropriations may not delegate such authority unless expressly authorized to do so in this Act. Section 517. A provision proposed by the House and Senate is continued prohibiting the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba into or within the United States. Section 518. A provision proposed by the House and Senate is continued prohibiting funds in this Act to be used for first-class travel. Section 519. A provision proposed by the House and Senate is continued prohibiting the use of funds to employ illegal workers as described in Section 274A(h)(3) of the Immigration and Nationality Act. Section 520. A provision proposed by the House and Senate is continued prohibiting funds appropriated or otherwise made available by this Act to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract. Section 521. A provision proposed by the House and Senate is continued requiring that any new processes developed to screen aviation passengers and crews for transportation or national security consider privacy and civil liberties, consistent with applicable laws, regulations, and guidance. Section 522. A provision proposed by the House and Senate is continued prohibiting the use of funds to enter into a federal contract unless the contract meets requirements of the Federal Property and Administrative Services Act of 1949 or chapter 137 of title 10 U.S.C., and the Federal Acquisition Regulation, unless the contract is otherwise authorized by statute without regard to this section. Section 523. A provision proposed by the House and the Senate is included and modified providing a total of $13,253,000 for DHS headquarters consolidation activities at St. Elizabeths. Section 524. A provision proposed by the House and Senate is included and modified providing $41,215,000 for financial systems modernization activities, which the Secretary may transfer between appropriations for the same purpose after notifying the Committees 15 days in advance. Funding is available for two years. Section 525. A provision proposed by the House and Senate is continued requiring DHS computer systems to block electronic access to pornography, except for law enforcement purposes. Section 526. A provision proposed by the House and Senate is continued regarding the transfer of firearms by Federal law enforcement personnel. Section 527. A provision proposed by the House and Senate is continued regarding funding restrictions and reporting requirements related to conferences occurring outside of the United States. Section 528. A provision proposed by the House and Senate is continued prohibiting funds to reimburse any federal department or agency for its participation in a National Special Security Event. Section 529. A provision proposed by the House and Senate is continued and modified requiring a notification, including justification materials, prior to implementing any structural pay reform that affects more than 100 full time positions or costs more than $5,000,000. Section 530. A provision proposed by the House and Senate is continued and modified directing the Department to post on a public website reports required by the Committees on Appropriations unless public posting compromises homeland or national security or contains proprietary information. Section 531. A provision proposed by the House and Senate is continued related to the Arms Trade Treaty. Section 532. A provision proposed by the Senate is continued and modified requiring submission of offsets should the fiscal year 2018 budget request assume revenue not enacted into law at the time of the budget submission. The House proposed no similar provision. Section 533. A provision proposed by the House is included authorizing minor procurement, construction, and improvements under Operations and Support appropriations, as specified. The Senate proposed no similar provision. Section 534. A provision proposed by the House and Senate is included and modified rescinding unobligated balances from specified programs. Section 535. A provision is continued and modified rescinding unobligated balances made available to the Department when it was created in 2003. Section 536. A provision is continued and modified rescinding lapsed balances made available pursuant to section 505 of this Act. =========================== NOTE =========================== May 3, 2017, on page H3822, the following appeared: Section 536. A provision proposed by the House and Senate is included and modified The online version has been corrected to read: Section 536. A provision is continued and modified ========================= END NOTE ========================= Section 537. A provision proposed by the House and Senate is included and modified rescinding specified funds from the Treasury Forfeiture Fund. Section 538. A provision proposed by the House and Senate is included and modified rescinding unobligated balances from FEMA DRF. [[Page H3823]] Section 539. A new provision is included extending the authorization of USCIS' E-Verify Program until September 30, 2017. Section 540. A new provision is included extending the non- minister religious worker immigrant visa authorization until September 30, 2017. Section 541. A new provision is included extending until September 30, 2017, the authority to waive the two-year home- country physical presence requirement for foreign doctors with expiring J-1 visas who apply to remain in the United States and commit to working in medically underserved areas. Section 542. A new provision is included extending the Regional Center program within the ``EB-5'' immigrant investor program authorization until September 30, 2017. Section 543. A provision proposed by the House is continued and modified amending 8 U.S.C. 1184(g)(9)(A), related to H-2B visas. The Senate proposed no similar provision. Section 544. A new provision is included providing an additional $41,000,000 to reimburse extraordinary law enforcement personnel costs for protection activities directly and demonstrably associated with a residence of the President that is designated for protection. Although the federal government does not otherwise reimburse costs of state or local law enforcement for activities in support of the United States Secret Service protection mission, these funds are being provided in recognition of the extraordinary costs borne by a small number of jurisdictions in which a residence of the President is located. The funding may not be used to supplant state or local funds for personnel costs that would otherwise have been expended by a jurisdiction, and shall not be available to reimburse the cost of equipment. TITLE VI--DEPARTMENT OF HOMELAND SECURITY--ADDITIONAL APPROPRIATIONS SECURITY, ENFORCEMENT, AND INVESTIGATIONS A total of $1,520,242,000 is provided for enhanced border security, including $1,140,121,000 in this title and $380,121,000 in title II of this Act. As directed in title I of this Act, DHS shall provide obligation plans to the Committees for these funds not later than 45 days after the date of enactment of this Act. U.S. Customs and Border Protection OPERATIONS AND SUPPORT An additional appropriation of $274,813,000 is provided for Operations and Support. The Anti-Border Corruption Act (ABCA) of 2010 requires U.S. Customs and Border Protection (CBP) to administer polygraph examinations to all law enforcement applicants prior to their hiring. As an alternative to its current polygraph exam, the Law Enforcement Pre-employment Test (LEPET), CBP is considering adopting a shorter, alternative test, the Test for Espionage, Sabotage, and Corruption (TES-C). As a precursor to adopting any alternative to the LEPET, CBP is directed to first carry out a trial implementation of the alternative standard for a subset of Border Patrol applicants for no longer than a six month period. After completing the trial, CBP shall submit a detailed report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives describing the trial and its results, including the rationale for considering an alternate standard; changes in hiring efficiencies; comparisons between the results of the LEPET and the alternative standard; an analysis of risks that would be associated with adopting the alternative standard and planned efforts to mitigate such risk; and the costs of implementation. The additional amount provided for this appropriation by PPA is as follows: ------------------------------------------------------------------------ Final Bill ------------------------------------------------------------------------ Operations and Support: Border Security Operations: U.S. Border Patrol: Operations: United States Border Patrol $25,000,000 Relocations......................... Surge Operations..................... 8,920,000 ------------------ Subtotal, Operations..................... 33,920,000 Assets and Support: Border Technology--Tactical 20,000,000 Communications...................... Border Road Maintenance--758 miles... 22,400,000 Facilities Maintenance Backlog....... 30,000,000 Surge Operations..................... 12,310,000 ------------------ Subtotal, Assets and Support............. 84,710,000 ------------------ Subtotal, Border Security Operations......... 118,630,000 Trade and Travel Operations: Office of Field Operations: Targeting Operations: Border Technology--CBP National 10,000,000 Targeting Center Enhancements..... Surge Operations................... 14,460,000 ------------------ Subtotal, Targeting Operations........... 24,460,000 Assets and Support: Owned Facilities Maintenance 17,500,000 Backlog........................... Border Technology--Port of Entry 39,804,000 Technology Enhancements........... Surge Operations................... 12,310,000 ------------------ Subtotal, Assets and Support............. 69,614,000 ------------------ Subtotal, Trade and Travel Operations........ 94,074,000 Integrated Operations: Air and Marine Operations: Assets and Support: Border Technology--Tethered 18,143,000 Aerostat Radar System............. ------------------ Subtotal, Assets and Support............. 18,143,000 ------------------ Subtotal, Integrated Operations.............. 18,143,000 Mission Support: Enterprise Services: Expand Human Resource Management 21,129,000 (HRM) Capacity...................... Additional HRM and Internal Affairs 10,910,000 Staffing............................ Border Technology--Office of 3,368,000 Infrastructure and Technology....... Surge Operations..................... 198,000 ------------------ Subtotal, Enterprise Services............ 35,605,000 Office of Professional Responsibility: Polygraph Examiner Retention......... 4,271,000 Additional HRM and Internal Affairs 4,090,000 Staffing............................ ------------------ Subtotal, Office of Professional 8,361,000 Responsibility.......................... ------------------ Subtotal, Mission Support.................... 43,966,000 ------------------ Subtotal, Operations and Support................. $274,813,000 ------------------------------------------------------------------------ PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS An additional appropriation of $497,400,000 is provided for Procurement, Construction, and Improvements. The additional amount provided for this appropriation by PPA is as follows: ------------------------------------------------------------------------ Final Bill ------------------------------------------------------------------------ Procurement, Construction, and Improvements: Border Security Assets and Infrastructure: Replacement of primary pedestrian fencing in $146,000,000 high priority areas--20 miles............... Replacement of vehicle fencing with primary 146,000,000 pedestrian fencing in high priority areas-- 20 miles.................................... Gates for existing barriers--35 gates........ 49,200,000 Roads--New Road Construction--26 miles....... 77,400,000 Border Technology--18 Remote Video 37,000,000 Surveillance Systems, Rio Grande Valley (RGV) and Laredo (LRT) Sectors.............. Border Technology--19 Mobile Video 11,500,000 Surveillance Systems (MVSS) in LRT and Del Rio Sectors................................. Border Technology--Additional RVSS and MVSS 20,000,000 in RGV...................................... ------------------ Subtotal, Border Security Assets and 487,100,000 Infrastructure.................................. Trade and Travel Assets and Infrastructure: Border Technology--Port of Entry Technology.. 10,300,000 ------------------ Subtotal, Trade and Travel Assets and 10,300,000 Infrastructure.................................. ------------------ Subtotal, Procurement, Construction, and Improvements $497,400,000 ------------------------------------------------------------------------ U.S. Immigration and Customs Enforcement OPERATIONS AND SUPPORT An additional appropriation of $236,908,000 is provided in this title for Enforcement and Removal Operations (ERO). This amount augments the $380,121,000 above the fiscal year 2017 budget request for custody operations and transportation provided in title II for ERO. The total ERO increase of $617,029,000 supports custody and related transportation requirements, along with an increase in the average daily number of participants in the Alternatives to Detention program. U.S. Immigration and Customs Enforcement (ICE) shall refrain from entering into new contracts or other agreements, or changing or significantly modifying existing contracts or other agreements, to detain individuals unless such contracts or agreements meet or exceed the Performance Based National Detention Standards (PBNDS) 2011, as revised in 2016 and which were in effect on January 1, 2017, unless the Secretary submits a report to the Committees on Appropriations of the Senate and the House of Representatives at least 30 days in advance justifying the rationale for requiring changed standards. Within 45 days after the date of enactment of this Act, ICE shall report on its progress in implementing the 2011 PBNDS and requirements related to Public Law 108-79 (PREA). This report shall include a list of detention facilities delineated by the detention standards with which they are obligated to comply; a plan and schedule for bringing into compliance each facility that is not currently obligated to comply with PBNDS 2011 and PREA requirements; and estimated costs for fiscal year 2017 and future years for bringing all such facilities into compliance. If ICE does not plan to bring certain facilities or categories of facilities into compliance with PBNDS 2011, the plan shall include the rationale for such decision. The additional amount provided for this appropriation by PPA is as follows: ------------------------------------------------------------------------ Final Bill ------------------------------------------------------------------------ Operations and Support: Enforcement & Removal Operations: Custody Operations........................... $147,870,000 Alternatives to Detention.................... 57,392,000 Transportation & Removal Program............. 31,646,000 ------------------ Subtotal, Enforcement & Removal 236,908,000 Operations.............................. ------------------ Subtotal, Operations & Support............... $236,908,000 ------------------------------------------------------------------------ United States Secret Service OPERATIONS AND SUPPORT An additional appropriation of $58,012,000 is provided for Operations and Support, of which $24,000,000 is for the settlement of Moore vs. Napolitano and $34,012,000 is for increased physical presidential and other security requirements. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS An additional appropriation of $72,988,000 is provided for Procurement, Construction, and Improvements, of which $22,988,000 is for increased facilities security requirements and $50,000,000 is for the installation of new White House Crown Fence segments. ADMINISTRATIVE PROVISIONS--THIS ACT Section 601. A provision is included directing that funds made available in this title [[Page H3824]] are additional to amounts appropriated or otherwise made available for DHS for fiscal year 2017. [[Page H3825]] [GRAPHIC] [TIFF OMITTED] TH01MY17.374 [[Page H3826]] [GRAPHIC] [TIFF OMITTED] TH01MY17.375 [[Page H3827]] [GRAPHIC] [TIFF OMITTED] TH01MY17.376 [[Page H3828]] [GRAPHIC] [TIFF OMITTED] TH01MY17.377 [[Page H3829]] [GRAPHIC] [TIFF OMITTED] TH01MY17.378 [[Page H3830]] [GRAPHIC] [TIFF OMITTED] TH01MY17.379 [[Page H3831]] [GRAPHIC] [TIFF OMITTED] TH01MY17.380 [[Page H3832]] [GRAPHIC] [TIFF OMITTED] TH01MY17.381 [[Page H3833]] [GRAPHIC] [TIFF OMITTED] TH01MY17.382 [[Page H3834]] [GRAPHIC] [TIFF OMITTED] TH01MY17.383 [[Page H3835]] [GRAPHIC] [TIFF OMITTED] TH01MY17.384 [[Page H3836]] [GRAPHIC] [TIFF OMITTED] TH01MY17.385 [[Page H3837]] [GRAPHIC] [TIFF OMITTED] TH01MY17.386 [[Page H3838]] [GRAPHIC] [TIFF OMITTED] TH01MY17.387 [[Page H3839]] [GRAPHIC] [TIFF OMITTED] TH01MY17.388 [[Page H3840]] [GRAPHIC] [TIFF OMITTED] TH01MY17.389 [[Page H3841]] [GRAPHIC] [TIFF OMITTED] TH01MY17.390 [[Page H3842]] [GRAPHIC] [TIFF OMITTED] TH01MY17.391 [[Page H3843]] [GRAPHIC] [TIFF OMITTED] TH01MY17.392 [[Page H3844]] [GRAPHIC] [TIFF OMITTED] TH01MY17.393 [[Page H3845]] [GRAPHIC] [TIFF OMITTED] TH01MY17.394 [[Page H3846]] [GRAPHIC] [TIFF OMITTED] TH01MY17.395 [[Page H3847]] [GRAPHIC] [TIFF OMITTED] TH01MY17.396 [[Page H3848]] [GRAPHIC] [TIFF OMITTED] TH01MY17.397 [[Page H3849]] [GRAPHIC] [TIFF OMITTED] TH01MY17.398 [[Page H3850]] [GRAPHIC] [TIFF OMITTED] TH01MY17.399 [[Page H3851]] [GRAPHIC] [TIFF OMITTED] TH01MY17.400 [[Page H3852]] [GRAPHIC] [TIFF OMITTED] TH01MY17.401 [[Page H3853]] [GRAPHIC] [TIFF OMITTED] TH01MY17.402 [[Page H3854]] [GRAPHIC] [TIFF OMITTED] TH01MY17.403 [[Page H3855]] [GRAPHIC] [TIFF OMITTED] TH01MY17.404 [[Page H3856]] [GRAPHIC] [TIFF OMITTED] TH01MY17.405 [[Page H3857]] [GRAPHIC] [TIFF OMITTED] TH01MY17.406 [[Page H3858]] [GRAPHIC] [TIFF OMITTED] TH01MY17.407 [[Page H3859]] [GRAPHIC] [TIFF OMITTED] TH01MY17.408 [[Page H3860]] [GRAPHIC] [TIFF OMITTED] TH01MY17.409 [[Page H3861]] [GRAPHIC] [TIFF OMITTED] TH01MY17.410 [[Page H3862]] [GRAPHIC] [TIFF OMITTED] TH01MY17.411 [[Page H3863]] [GRAPHIC] [TIFF OMITTED] TH01MY17.412 [[Page H3864]] [GRAPHIC] [TIFF OMITTED] TH01MY17.413 [[Page H3865]] [GRAPHIC] [TIFF OMITTED] TH01MY17.414 [[Page H3866]] [GRAPHIC] [TIFF OMITTED] TH01MY17.415 [[Page H3867]] [GRAPHIC] [TIFF OMITTED] TH01MY17.416 [[Page H3868]] [GRAPHIC] [TIFF OMITTED] TH01MY17.417 [[Page H3869]] [GRAPHIC] [TIFF OMITTED] TH01MY17.418 [[Page H3870]] [GRAPHIC] [TIFF OMITTED] TH01MY17.419 [[Page H3871]] [GRAPHIC] [TIFF OMITTED] TH01MY17.420 [[Page H3872]] [GRAPHIC] [TIFF OMITTED] TH01MY17.421 [[Page H3873]] [GRAPHIC] [TIFF OMITTED] TH01MY17.422 [[Page H3874]] DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 The following statement is an explanation of the effects of Division G, which makes appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), the Forest Service, the Indian Health Service, and related agencies for fiscal year 2017. Report language contained in House Report 114-632 and Senate Report 114-281 providing specific guidance to agencies regarding the administration of appropriated funds and any corresponding reporting requirements carries the same emphasis as the language included in this explanatory statement and should be complied with unless specifically addressed to the contrary herein. This explanatory statement, while repeating some language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. In cases where the House report, Senate report, or this explanatory statement directs the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations.-- Where this explanatory statement refers to the Committees or the Committees on Appropriations, unless otherwise noted, this reference is to the House Subcommittee on Interior, Environment, and Related Agencies and the Senate Subcommittee on Interior, Environment, and Related Agencies. The Committees direct each department and agency funded in this Act to follow the directions set forth in this Act and the accompanying statement, and not reallocate resources or reorganize activities except as provided herein or otherwise approved by the Committees through the reprogramming process as described in this explanatory statement. This explanatory statement addresses only those agencies and accounts for which there is a need for greater explanation than provided in the Act itself. Funding levels for appropriations by account, program, and activity, with comparisons to the fiscal year 2016 enacted level and the fiscal year 2017 budget request, can be found in the table at the end of this division. Unless expressly stated otherwise, any reference to ``this Act'' or ``at the end of this statement'' shall be treated as referring only to the provisions of this division. Recreation Fee Authority.--The one-year extension of recreation fee authority for the Department of the Interior and U.S. Forest Service contained in the budget request and included in both fiscal year 2017 House and Senate Interior, Environment, and Related Agencies Appropriations bills was included in the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and Preparedness Act (Public Law 114-223). Making Litigation Costs Transparent.--The Department of the Interior, EPA, and the Forest Service are directed to provide to the House and Senate Committees on Appropriations, and to make publicly available no later than 60 days after enactment of this Act, detailed Equal Access to Justice Act (EAJA) fee information as specified in the explanatory statement accompanying Division G of the Consolidated Appropriations Act, 2016 (Public Law 114-113). State Wildlife Data.--The Department of the Interior and U.S. Forest Service are expected to prioritize continued coordination with other Federal agencies and State fish and wildlife agencies to recognize and fully utilize State fish and wildlife data and analyses as a primary source to inform land use, planning, and related natural resource decisions. Federal agencies should not unnecessarily duplicate raw data, but when appropriate, evaluate existing analysis of data prepared by the States, and reciprocally share data with State wildlife managers, to ensure that the most complete data set is available for decision support systems. Paper Reduction Efforts.--The Committees urge each agency funded by this Act to work with the Office of Management and Budget (OMB) to reduce printing and reproduction costs and direct each agency to report to the Committees as part of its fiscal year 2018 budget request on specific management actions taken to achieve this goal and estimated cost savings created by these actions. Land Grants, Acequias and Community Ditches.--The Secretaries of the Interior and Agriculture are urged to recognize the traditional use of State-recognized community land grants, acequias, and community ditches in the American Southwest during the land use planning process. Executive Order #13783.--On March 28, 2017, Executive Order #13783 established policies for domestic energy production. The Order directs executive branch departments and agencies to immediately review all actions with respect to domestic energy resources. The Committees note that several specific directives apply to entities under the jurisdiction of the Subcommittee on Interior, Environment, and Related Agencies, including a review of the Clean Power Plan and related rules, and a review of methane and other regulations related to oil and gas development. The Committees also note that the Secretary of the Interior signed two secretarial orders on March 29, 2017, to overturn the moratorium on all new coal leases on Federal land, and to take additional steps to immediately comply with the Executive Order. The Committees expect the Department of the Interior and the Environmental Protection Agency to keep the Committees fully apprised of any actions taken to comply with the directives specified in the Executive Order or related secretarial orders. Transparency of Information--The Committees expect that Federal agencies funded under this Act shall, to the extent practicable, clearly state within materials used for advertising or educational purposes that the communication is funded by taxpayer dollars. Fleet Management Practices.--Agencies shall provide supporting documentation on their methods for determining their optimal fleet inventories and justification for any deviation from the General Services Administration's Federal Property Management Regulations upon request of the Committees on Appropriation. Agency inspectors general shall provide results from audits of fleet management practices and make them publicly available. Land and Water Conservation Fund.--The agreement includes $400,000,000 derived from the Land and Water Conservation Fund (LWCF) for programs consistent with chapter 2003 of title 54 of the United States Code, as identified in the table below. ---------------------------------------------------------------------------------------------------------------- Budget Request FY 2016 Enacted (Discretionary) This Bill ---------------------------------------------------------------------------------------------------------------- Land and Water Conservation Fund....................... $450,000,000 $475,000,000 $400,000,000 State and Local Programs....................... 160,800,000 173,501,000 160,806,000 National Park Service State Assistance......... 110,000,000 110,006,000 110,006,000 Coop. Endangered Species Conservation Fund..... 30,800,000 53,495,000 30,800,000 American Battlefield Protection Act............ 10,000,000 10,000,000 10,000,000 Highlands Conservation Act..................... 10,000,000 0 10,000,000 Forest Legacy Program.......................... 62,347,000 62,347,000 62,347,000 Rescission..................................... ................. ................. -12,002,000 Federal Land Acquisition....................... 226,853,000 239,152,000 188,849,000 Forest Service................................. 63,435,000 65,653,000 54,415,000 Fish and Wildlife Service...................... 58,500,000 58,655,000 49,995,000 National Park Service.......................... 53,670,000 58,242,000 42,023,000 Bureau of Land Management...................... 38,630,000 43,959,000 31,416,000 Department of the Interior Valuation Services.. 12,618,000 12,643,000 11,000,000 ---------------------------------------------------------------------------------------------------------------- The Committees urge each of the agencies to comply with any Congressional requests for full and accurate accounting of cost, acreage, and location data of lands acquired with LWCF funds. In future budget justifications, the agencies are directed to include a detailed explanation on the use of prior year funds for recreational access projects and inholdings. The Committees direct the agencies to continue to consider and rank Federal land acquisition projects consistent with the process used in prior years, and upon request, to provide a prioritized project list for any funding levels above the budget request being considered by the House or Senate Committees. The Committees believe increasing access to our public lands for hunting, fishing, and other recreational activities is important and again include funding for these projects. The Committees expect the same factors used to determine suitability of listed projects will apply to recreational access projects and the agencies should work through their respective regions, State offices, and/or management units to consider projects that may not rise to the level of listed projects. The agencies are directed to include an explanation of the process and criteria used for allocating funds for recreational access in future budget justifications. Further, the Committees are to be informed about the selection process and how the agencies are meeting the outlined objectives prior to proceeding with projects. Public Access.--The Department of the Interior and the Forest Service are directed to notify the House and Senate Committees on Appropriations in advance of any proposed project specifically intending to close an area to recreational shooting, hunting, or fishing on a non-emergency basis of more than 30 days. National Ocean Policy.--The President's budget submission for fiscal year 2018 shall identify by agency and account all funding and associated actions proposed for the implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547. Harassment-Free Workplace.--The Committees believe all Federal employees have the right to a harassment-free workplace and [[Page H3875]] continue to be deeply concerned about reports of harassment and hostile work environments at some of the agencies funded through this Act, especially the long-term pattern of unacceptable behavior at several national park system units. The Committees direct the Department of the Interior to report to the Committees regarding: 1) what specific corrective actions the National Park Service is taking to preclude additional incidents from occurring in the future, and 2) what steps the Department is taking to ensure that all of its bureaus and offices have strong and consistent anti- harassment policies in place. The Forest Service is also directed to provide a report that describes in detail the policy and process changes it has made to address past incidents. Finally, the EPA Office of Inspector General is directed to provide a report describing existing EPA policy, procedure and training regarding harassment at the Agency and any policy and process changes it has made. The reports shall be provided to the Committees within 120 days of enactment of this Act. Access for Inspectors General.--Consistent with the Inspector General Act of 1978, the Committees expect departments and agencies funded by this Act to provide their respective Inspectors General access to all appropriate records, documents, and other materials in a timely manner. Accordingly, agencies and departments shall not prevent or impede access to records, documents or materials unless otherwise provided by law. Restrictions on lobbying with appropriated funds.--The Committees remind the entities and employees funded under the jurisdiction of this bill that no part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used in a manner inconsistent with 18 U.S.C 1913. REPROGRAMMING GUIDELINES The agreement retains the reprogramming guidelines contained in the joint explanatory statement of Division G of the Consolidated Appropriations Act, 2016 (Public Law 114- 113). TITLE I--DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES Bureau of Land Management Directives.--The Bureau is reminded of the importance of the directives included in House Report 114-632 and Senate Report 114-281 not addressed herein, as well as the new directives in this statement, including the front matter. The agreement provides $1,095,375,000 for Management of Lands and Resources. In addition to the funding allocation table at the end of this explanatory statement, the agreement includes the following instructions: Rangeland Management.--The Bureau is directed, to the greatest extent practicable, to make vacant grazing allotments available to a holder of a grazing permit or lease when lands covered by the holder of the permit or lease are unusable because of drought or wildfire. Wild Horses and Burros.--The Committees are aware of proposals to overhaul the program to ensure the humane treatment of animals in holding and on the range, improve the use of annual appropriations, and continue implementing the reforms recommended by the 2013 National Academy of Sciences' report. The Bureau is expected to review all serious proposals from non-governmental organizations, to keep the Committees informed throughout its decision-making process, and to transmit to Congress within 180 days of enactment of this Act a plan to achieve long-term sustainable populations on the range in a humane manner. Greater Sage-grouse Conservation.--The agreement provides a total of $68,900,000 for greater sage-grouse conservation activities, including the implementation of the National Seed Strategy, which is an increase of $8,900,000 above the fiscal year 2016 enacted level. The Committees direct that the funds provided for greater sage-grouse be used for on-the-ground conservation measures as indicated in the fiscal year 2017 budget justification and House and Senate reports. The Committees believe conservation is most successful when all partners trust and work cooperatively together. The Committees expect the Secretary and the Bureau to work collaboratively with States, communities, industry, and partners to address concerns with the Resource Management Plans and related Land Use Planning Amendments. The Committees remind the Bureau of the concerns noted in the House and Senate reports and direct the Bureau to report within 60 days of enactment of this Act how it has addressed each issue. Internet Oil and Gas Leasing.--The Bureau is directed to provide the House and Senate Appropriations Committees with a plan to achieve cost-savings and efficiencies by transitioning to Internet-based oil and gas leasing within 180 days of enactment of this Act. BLM and ONRR Coordination.--The Bureau and Office of Natural Resources Revenue are encouraged to better coordinate their respective leasing and revenue collection databases to increase efficiency and improve customer service. Abandoned Mine Lands.--The agreement provides that funds may be used for projects included on the Bureau's high- priority mine reclamation list, such as the Red Devil Mine. Pipeline Safety.--The Bureau is encouraged to continue to share standardized pipeline safety data, when appropriate, to enhance pipeline safety. Law Enforcement.--The Bureau is encouraged to focus on visitor safety and archaeological resource protection, and work with the Department of Justice and the Department of Homeland Security on other matters of Federal law not unique to Bureau lands or property. Cooperative Efforts in Alaska.--The Bureau, as the largest Federal landowner in the State of Alaska's Arctic region, is directed to work cooperatively with local stakeholders to enhance economic opportunities for the people who live and work in the region. The Bureau also is reminded of the directions contained in the Senate report regarding Legacy Wells, and Alaska Native lands in need of remediation. The Bureau is instructed to review recently executed land management plans to determine whether decisions to retain certain mineral closures are consistent with Federal law, including the Alaska National Interest Lands Conservation Act and the Federal Land Policy Management Act, including a determination whether sufficient notice was provided prior to the creation of Areas of Critical Environmental Concern. Further, the Bureau is encouraged to work cooperatively with the State of Alaska to lift Public Land Orders that no longer serve their original purpose. Bureau of Land Management Foundation.--The agreement provides for the creation of a Bureau of Land Management Foundation, the purpose of which is to undertake, conduct, and encourage programs and activities that support the mission of the Bureau. This should include educational, technical, scientific, and other assistance or activities to assist the Bureau with wild free-roaming horses and burros; recreation, cultural, and historic resources; protection of Native American archaeological and cultural sites; and activities that support the reclamation and remediation of abandoned mine lands, contaminated Native lands, legacy and orphaned oil and gas well sites, and public lands affected by development connected to mineral exploration and development activities. Reclamation activities should include, but not be limited to, the remediation of soil and water contamination, the restoration of wildlife habitat in order to restore the natural, scenic, historic, cultural, and ecological values of such areas, or the promotion of the economic potential of such areas. LAND ACQUISITION The bill provides $31,416,000 for Land Acquisition. The amounts recommended by this bill compared with the budget estimates by activity and project are shown in the table below, listed in priority order pursuant to the budget request for fiscal year 2017. Further instructions are contained under the Land and Water Conservation Fund heading in the front of this explanatory statement. ---------------------------------------------------------------------------------------------------------------- State Project--Unit Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- MT......................................... High Divide--Madison River $4,000,000 $4,000,000 SRMA. ID......................................... High Divide--Henry's Lake 50,000 50,000 ACEC. ID......................................... High Divide--Salmon River 700,000 700,000 SRMA. ID......................................... High Divide--Thousand Springs 300,000 300,000 ACEC. ID......................................... High Divide--Craters of the 1,200,000 1,200,000 Moon NM and Preserve/Oregon NHT. ID......................................... High Divide--Sands Desert 2,750,000 2,750,000 Habitat Mgmt Area/Teton River. NM......................................... Rio Grande del Norte NM...... 1,250,000 1,250,000 CO......................................... Dominguez-Escalante NCA...... 350,000 350,000 CO......................................... Upper Colorado River SRMA.... 1,500,000 1,500,000 VA......................................... Rivers of the Chesapeake-- 1,400,000 1,400,000 Meadowood SRMA. MD......................................... Rivers of the Chesapeake-- 1,600,000 1,600,000 Nanjemoy NRMA. AZ......................................... Agua Fria NM................. 3,300,000 3,300,000 CA......................................... Dos Palmas ACEC.............. 650,000 650,000 NM......................................... Kasha-Katuwe Tent Rocks NM... 750,000 750,000 Additional Project Requests 12,501,000 0 and Updated Appraisals. ------------------------------------- Subtotal, Line Item Projects. 32,301,000 19,800,000 Recreational Access.......... 8,000,000 8,000,000 Emergencies, Hardships, and 1,616,000 1,616,000 Inholdings. Acquisition Management....... 2,042,000 2,000,000 ------------------------------------- Total, BLM Land Acquisition.. 43,959,000 31,416,000 ---------------------------------------------------------------------------------------------------------------- [[Page H3876]] OREGON AND CALIFORNIA GRANT LANDS The agreement provides $106,985,000 for Oregon and California Grant Lands, to be distributed as displayed in the funding allocation table at the end of this explanatory statement. RANGE IMPROVEMENTS The agreement provides $10,000,000 to be derived from public lands receipts and Bankhead-Jones Farm Tenant Act lands grazing receipts. SERVICE CHARGES, DEPOSITS, AND FORFEITURES The agreement provides an indefinite appropriation estimated to be $31,050,000 for Service Charges, Deposits, and Forfeitures. MISCELLANEOUS TRUST FUNDS The agreement provides an indefinite appropriation estimated to be $24,000,000 for Miscellaneous Trust Funds. UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE MANAGEMENT The bill provides $1,258,761,000 for Resource Management. In addition to the funding allocation table at the end of this explanatory statement, the agreement includes the following details and instructions. The Service is also reminded of the guidance and reporting requirements contained in House Report 114-632 and Senate Report 114-281 that should be complied with unless specifically addressed to the contrary herein, as explained in the front matter of this explanatory statement. Listing.--The agreement does not include the critical habitat directive contained in the House report. The Service is urged to follow the guidance contained in House Report 114-170 regarding the yellow-billed cuckoo. Planning and Consultation.--The agreement includes: $2,859,000 as requested for activities in the Bay Delta; $4,000,000 as requested to handle the Service's increased permitting workload in the Gulf of Mexico as a result of the 2010 Deepwater Horizon oil spill; and a $1,000,000 general program increase to be distributed in accordance with the backlog of requests from outside the Service for technical assistance and consultations, including habitat conservation planning and hatchery genetic management planning. The House directive regarding the Gulf of Mexico is not included. Conservation and Restoration.--The agreement includes: $1,390,000 as requested to implement the Coastal Barrier Resources Act; $3,471,000 for the national wetlands inventory; and $3,250,000 as requested for the sagebrush steppe ecosystem. Recovery.--The agreement includes: $1,659,000 as requested for activities in the Bay Delta; $2,500,000 for the annual State of the Birds assessment; $3,000,000 to reduce the delisting and downlisting backlog, a $1,016,000 general program increase; $1,000,000 to implement the wolf-livestock demonstration program as authorized by Public Law 111-11; $2,000,000 to recover native bat species exposed to white- nose syndrome; and $500,000 for multi-partner recovery actions. The Service is directed to prioritize the recovery of the California condor and northern aplomado falcon and provide the necessary funding to enable the longstanding public-private partnerships to continue to support the wild populations through captive propagation, releases, and management, as the Service and the States work to address the continued environmental threats to these species. The Committees urge the Service to focus on only those ESA mandates which are inherently Federal, and not to engage in other activities such as implementing recovery actions unless the costs are at least matched by partners outside the Service. The Service is urged to complete all status reviews within the five-year period required by law, and, for any determination on the basis of such review whether a species should be delisted, downlisted, or uplisted, promulgate an associated regulation prior to initiating the next status review for such species. So that trends in the endangered species recovery program may be observed, the Service is encouraged to include in its next such report to Congress ``species status'' and all categories from the report entitled, ``Report to Congress on the Recovery of Threatened and Endangered Species, Fiscal Years 2009-2010''. The agreement contains the directive in Senate Report 114- 281 that, should a status review of the American Burying Beetle make a finding that delisting or downlisting is warranted, the Service is directed to prioritize this rulemaking and move forward with a delisting or downlisting proposal as soon as is practicable. The Service is urged to address consultations and permitting of public and private projects related to the Preble's meadow jumping mouse and the New Mexico meadow jumping mouse as one of the highest priorities. Regarding exotic wildlife, the Committees acknowledge the important role private landowners play in conserving some exotic wildlife species. The Committees recognize current permitting practices by the Service regarding the following exotic U.S. bred wildlife: Red Lechwe, Barasingha, Arabian Oryx, Eld's Deer. Prior to changing current permitting practices, the Committees encourage the Service to engage stakeholders and brief the Committees about the outcome of such engagement. On April 26, 2017, the Service announced its intention to take the final administrative step necessary to delist recovered gray wolves in the State of Wyoming. This action occurred as the result of a unanimous ruling in the Court of Appeals upholding the Service's 2012 rule delisting wolves in Wyoming. The Committees note that the Service's 2012 final rule delisting gray wolves in the western Great Lakes region remains in litigation. The Service has determined that the wolf population in the western Great Lakes region exceeds recovery goals in that region, and the Committees remain supportive of science-based decisions. If the court upholds the Service's 2012 rule, the Service is urged to reissue the rule. Partners for Fish and Wildlife.--The agreement includes $1,285,000 as requested for regional fisheries enhancement. National Wildlife Refuge System.--The agreement includes: $2,835,000 as requested to manage subsistence fishing and hunting; $9,726,000 as requested for invasive species; $1,500,000 for the Pacific Remote Islands Marine National Monument; a $500,000 increase for maintenance support; and a $500,000 increase to reduce the maintenance backlog. The agreement also continues funding for volunteers and for urban wildlife refuge partnerships at not less than the fiscal year 2016 enacted levels. Budget justifications are the vehicles for the Administration to clearly explain how they propose to expend the funds they are requesting. This information should not be difficult to discern and future justifications should note base funding that will be used to enhance any program increases requested. The Committees support the directive in the House report instituting signage on any individual refuge where trapping occurs and establishing guidance to be included in the refuge manual. The Committees understand that different authorities creating Waterfowl Production Areas, easements, and Coordination Areas will influence the signage at these locations. The agreement includes the directive in Senate Report 114- 281 for the Service to prepare a formal compatibility determination to determine whether nutrient enrichment in Karluk Lake for fish rehabilitation is compatible with the Kodiak National Wildlife Refuge's Comprehensive Conservation Plan. In addition, if the Service determines the enrichment is compatible with the refuge's Comprehensive Conservation Plan, the Service is directed to engage with interested stakeholders and publish a list of approved tools to accomplish such rehabilitation. The Service is reminded that solutions to recreational-use conflicts in national wildlife refuges should begin with refuge managers engaging their local communities and collaborating with local officials and other representatives of recreational users to find mutually-agreeable solutions to conflicts. Failure to do so can result in significant public backlash, as happened with boating restrictions at Havasu National Wildlife Refuge. The Committees urge the U.S. Fish and Wildlife Service not to place stricter environmental or financial standards on oil and gas operators on national wildlife refuges than oil and gas operators on other Federal lands set aside for conservation purposes. Migratory Bird Management.--The agreement includes: $1,738,000 as requested for aviation management; $350,000 to minimize predation on livestock; and $3,371,000 to issue permits. The Service is directed to expedite the review process to authorize take of double-crested cormorants, ensuring they have satisfied the NEPA requirements and addressed the court's concerns, and should include an analysis of the economic impacts of cormorant control activities on several stakeholder groups, including aquaculture producers. While advancing this review, the Service should explore any and all viable alternatives to assist impacted aquaculture producers, including through the issuance of individual predation permits. Law Enforcement.--The agreement includes $75,053,000 as requested for law enforcement, including $7,500,000 to fight wildlife trafficking. International Affairs.--The agreement includes $15,816,000 as requested for international affairs, including $550,000 to support the Arctic Council and $1,920,000 to fight wildlife trafficking. Fish and Aquatic Conservation.--Within National Fish Hatchery System Operations, the agreement includes: a $2,000,000 general program increase; $1,475,000 for the mass marking program; $800,000 for the Aquatic Animal Drug Approval Partnership; and $1,430,000 for the national wild fish health survey program. None of the funds may be used to terminate operations or to close any facility of the National Fish Hatchery System. None of the production programs listed in the March, 2013, National Fish Hatchery System Strategic Hatchery and Workforce Planning Report may be reduced or terminated without advance, informal consultation with affected States and Tribes. The Service is commended for recommitting to the National Fishery Artifacts and Records Center and the Collection Management Facility in South Dakota, and for sharing the costs nationwide. The agreement includes the directive in the Senate report related to the continued operation of mitigation hatcheries. The agreement requires that future budget requests ensure Federal partners have committed to sufficiently reimbursing the Service for mitigation hatcheries before the Service proposes to eliminate funding for mitigation hatcheries. Within Maintenance and Equipment, the agreement includes a $3,000,000 increase as [[Page H3877]] requested to reduce the maintenance backlog. Within Aquatic Habitat and Species Conservation, the agreement includes: $13,998,000 for the National Fish Passage Program; $3,000,000 to continue implementing the Klamath Basin Restoration Agreement; $9,554,000 as requested to manage subsistence fishing; and $16,660,000 to manage aquatic invasive species, of which $8,400,000 is for Asian carp, $2,000,000 is for quagga and zebra mussels, $711,000 is for sea lamprey, $2,038,000 is for other prevention efforts nationwide, and $2,566,000 is for State plans, National Invasive Species Act implementation, and coordination. Cooperative Landscape Conservation.--The agreement includes $12,988,000, of which $700,000 is for Gulf Coast ecosystem restoration as requested. Science Support.--The agreement includes $931,000 as requested to restore the Gulf Coast ecosystem and $2,500,000 as requested to continue to search for a cure for white-nose syndrome in bats. General Operations.--The agreement includes the requested $153,000 transfer from External Affairs to Recovery and the requested $2,600,000 increase for maintenance of the National Conservation Training Center. CONSTRUCTION The bill provides $18,615,000 for Construction. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. The Service is expected to follow the project priority list in the table below. When a construction project is completed or terminated and appropriated funds remain, the Service may use those balances to respond to unforeseen reconstruction, replacement, or repair of facilities or equipment damaged or destroyed by storms, floods, fires and similar unanticipated events. ---------------------------------------------------------------------------------------------------------------- Refuge, Hatchery, or Other State Unit Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- National Wildlife Refuge System IL......................................... Crab Orchard NWR............. $400,000 $400,000 NM......................................... Valle de Oro NWR............. 3,063,000 3,063,000 National Fish Hatchery System VA......................................... Harrison Lake NFH............ 1,839,000 1,839,000 CO......................................... Hotchkiss NFH................ 500,000 500,000 Other OR......................................... Clark R. Bavin National Fish 2,500,000 2,500,000 and Wildlife Forensics Lab. N/A........................................ Service Wide Seismic Safety.. 465,000 465,000 N/A........................................ Unanticipated damages........ 0 715,000 N/A........................................ Other projects............... 5,787,000 0 ------------------------------------- Total, Line Item Construction 14,554,000 9,482,000 ---------------------------------------------------------------------------------------------------------------- LAND ACQUISITION The bill provides $59,995,000 for Land Acquisition. The amounts recommended by this bill compared with the budget estimates by activity and project are shown in the table below, listed in priority order pursuant to the budget request for fiscal year 2017. Further instructions are contained under the Land and Water Conservation Fund heading in the front of this explanatory statement. In a time when budgetary constraints allow for only a limited number of new land acquisition projects, the Committees are encouraged by programs that leverage public/ private partnerships for land conservation like the Highlands Conservation Act, which has a record of more than a 2 to 1 ratio in non-Federal matching funds. Therefore, the Committees include $10,000,000 for the Highlands Conservation Act Grants and direct the Fish and Wildlife Service to work with the Highlands States regarding priority projects for fiscal year 2017. ---------------------------------------------------------------------------------------------------------------- State Project--Unit Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- HI......................................... Island Forests at Risk-- $6,200,000 $6,200,000 Hakalau Forest NWR. ND/SD...................................... Dakota Grassland Conservation 8,000,000 8,000,000 Area. MT......................................... High Divide--Red Rock Lakes 2,000,000 2,000,000 NWR. ND/SD...................................... Dakota Tallgrass Prairie WMA. 3,000,000 3,000,000 MD......................................... Rivers of the Chesapeake-- 1,200,000 1,200,000 Blackwater NWR. VA......................................... Rivers of the Chesapeake-- 900,000 900,000 James River NWR. FL......................................... Everglades Headwaters NWR and 2,500,000 2,500,000 Conservation Area. PA......................................... National Trails System-- 2,200,000 2,200,000 Cherry Valley NWR. AR......................................... Cache River NWR.............. 1,406,000 1,406,000 Additional Project Requests.. 8,478,000 0 ------------------------------------- Subtotal, Line Item Projects. 35,884,000 27,406,000 Recreational Access.......... 2,500,000 2,500,000 Emergencies, Hardships, and 5,351,000 5,351,000 Inholdings. Exchanges.................... 1,500,000 1,500,000 Acquisition Management....... 12,955,000 12,773,000 Land Protection Planning..... 465,000 465,000 Highlands Conservation Act 0 10,000,000 Grants. ------------------------------------- Total, FWS Land Acquisition.. 58,655,000 59,995,000 ---------------------------------------------------------------------------------------------------------------- COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND The bill provides $53,495,000 for the Cooperative Endangered Species Conservation Fund, of which $22,695,000 is to be derived from the Cooperative Endangered Species Conservation Fund, and $30,800,000 is to be derived from the Land and Water Conservation Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. NATIONAL WILDLIFE REFUGE FUND The bill provides $13,228,000 for payments to counties authorized by the National Wildlife Refuge Fund. NORTH AMERICAN WETLANDS CONSERVATION FUND The bill provides $38,145,000 for the North American Wetlands Conservation Fund. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND The bill provides $3,910,000 for the Neotropical Migratory Bird Conservation Fund. MULTINATIONAL SPECIES CONSERVATION FUND The bill provides $11,061,000 for the Multinational Species Conservation Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. STATE AND TRIBAL WILDLIFE GRANTS The bill provides $62,571,000 for State and Tribal Wildlife Grants. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. National Park Service OPERATION OF THE NATIONAL PARK SYSTEM The agreement provides $2,425,018,000 for the Operation of the National Park System. The detailed allocation of funding by program area and activity is included in the table at the end of this division. Operation of the National Park System. The agreement includes $55,422,000 in new discretionary funding within the Operation of the National Park System (ONPS) account which support the Centennial Initiative and related efforts including 50 percent of the fixed costs included in the budget request to cover the balance of the fiscal year remaining. Specifically, the agreement includes $11,000,000 in new funds within the Park Support line item to support the Centennial, which fully funds the budget request to support new areas and critical responsibilities across the System including, but not limited to, the 2017 Presidential inauguration; operations at sites associated with the Civil Rights Movement; and the Manhattan Project National Historical Park. Funds are also provided to support new park units including the Pullman and Honouliuli units as well as critical operating needs as described in further detail below. The recommendation also provides requested funding for the Valles Caldera National Preserve and the Belmont-Paul Women's Equality National Monument. The agreement provides discretionary funding to address deferred maintenance needs including a $25,000,000 increase for repair and rehabilitation projects and a $13,689,000 increase to address cyclic maintenance needs. These funds are supplemented by $20,000,000 provided within the Centennial Challenge matching grant program account dedicated to funding joint public- private investments in parks. The agreement continues directives provided within the Visitor Services line item contained in House Report 114-632. The final allocation of funds supporting the Centennial Initiative, including [[Page H3878]] the detailed allocation of new areas and critical responsibilities funding described above, shall be provided to the Committees as part of the Service's annual operating plan for the ONPS account no later than 60 days after enactment of this Act. Such plan shall be subject to the reprogramming guidelines contained in this explanatory statement. Quagga and Zebra Mussel Control.--The Committees remain concerned about the spread of quagga and zebra mussels in the West and, consistent with fiscal year 2016, have provided $2,000,000 for continued containment, prevention, and enforcement efforts. White-Nose Syndrome in Bats.--The Committees provide funds as requested to support monitoring and surveillance activities associated with white-nose syndrome in bats. Eastern Legacy Study (Lewis and Clark Trail Study).--The Eastern Legacy Study, authorized to determine the feasibility of extending the Lewis and Clark National Historic Trail, is now three years overdue. The Committees direct the Service to complete the study expeditiously. Big South Fork National River and Recreation Area.--The Committees urge the Service to identify and assess the potential costs of visitor experience improvements including year-round restroom facilities and campsite enhancements at Big South Fork National River and Recreation Area. Death Valley National Park.--The Committees urge the Service to provide in its fiscal year 2018 budget justification a detailed estimate of funds necessary to complete repairs to Scotty's Castle, a historic national landmark in Death Valley National Park, which has been closed to the public since flash floods damaged the visitor center, museum, and nearby roads in 2015. The Committees further direct the Service to take steps to ensure the security and protection of Scotty's Castle, and the contents of the museum, from theft and trespassing. Mississippi National River and Recreation Area.--The Committees direct the Service to report, within 180 days of enactment of this Act, on progress in identifying potential site options and associated costs for the development of a permanent headquarters and visitor use facility, in collaboration with suitable governmental and non-governmental partners, at the Mississippi National River and Recreation Area as described in the explanatory statement accompanying Public Law 114-113. James A. Garfield Memorial.--The Committees direct the Service to expeditiously complete its ongoing reconnaissance study to assess the eligibility of the James A. Garfield Memorial at Lake View Cemetery for designation as an affiliated area of the national park system. Biscayne National Park.--The Committees are aware of the considerable controversy relating to natural resource management actions at Biscayne National Park, including the decision to implement a new marine reserve zone as outlined by the park's new General Management Plan (GMP). These issues are articulated in House Report 114-632, including concerns raised by the Florida Fish and Wildlife Conservation Commission (FWC) and local anglers and recreational and boating-dependent businesses regarding limitations on fishing within the park. The Committees recognize that it was the intent of the Service to create the marine reserve zone to protect the park's natural coral reef ecosystem, as mandated by the legislation creating the park. Nonetheless, the Committees are concerned that adequate consideration was not given to the economic impact of this action nor to data provided by the FWC. However, the Committees are pleased with recent efforts by Biscayne National Park to re-establish open dialogue and productive coordination with Congress and the FWC regarding special rulemaking for the marine reserve zone. The Committees understand the importance of preparing an economic analysis and baseline scientific monitoring report for the proposed marine reserve zone as required by the record of decision on the park's GMP. The Service is directed to make these documents available to the House and Senate Committees on Appropriations and to the public no less than 90 days before proposing any special rule to designate the marine reserve zone. The Committees understand that the park is moving forward, in partnership with FWC, to implement some non-controversial, common sense elements of the plan without unnecessary delay, including the installation of mooring buoys to help protect coral reefs from anchors and markers to indicate shallow waters and manatee zones. The Committees recognize the State of Florida's openness toward partnering on these initiatives and believe a close working partnership between the Park and the FWC may serve as an important step toward future cooperation on other areas of the GMP. Consistent with the record of decision, the Service is also expected to defer enforcement actions related to the marine reserve zone until the agency has finalized this special rule. Arlington Memorial Bridge.--The Memorial Bridge rehabilitation and reconstruction effort requires the active, bipartisan support of Federal, State, and local leaders. The Committees are aware of the recent approval of a $90 million Department of Transportation grant for bridge repairs and urge the Service to work with Federal, State, and local entities to build coalitions and partnerships to leverage and secure additional necessary funding to complete this critical project in a timely manner.-- The Committees further direct the Service to provide a funding plan and construction schedule for completion of this work as part of the fiscal year 2018 budget request. Bottled Water.--The Committees note continued expressions of concern relating to a bottled water ban implemented under Policy Memorandum 11-03. The report provided to the Committees in April 2016, in response to a directive in the explanatory statement accompanying Division G of the Consolidated Appropriations Act, 2016, did not provide sufficient data to justify the Service's actions. The Committees understand that the Service plans to reconsider this policy and therefore directs the incoming National Park Service Director to review Policy Memorandum 11-03 and to report to the Committees on the results of this evaluation. Accordingly, the Committees direct the Service to suspend further implementation of Policy Memorandum 11-03 and urge the Service to examine opportunities to partner with non- governmental entities in developing a comprehensive program that uniformly addresses plastic waste recycling system-wide. Ozark National Scenic Riverways.--The Service is directed to work collaboratively with affected parties to ensure that implementation of the General Management Plan for the Ozark National Scenic Riverways addresses the concerns of affected stakeholders including, but not limited to, local communities and businesses. Point Reyes National Seashore.--The Committees have noted the importance of historic dairying and ranching operations within the Point Reyes National Seashore and reiterate the directives contained in House Report 114-632 and Senate Report 114-281 regarding the completion of planning and use authorizations related to ranching operations. Leasing of Historic Buildings.--The agreement maintains the directive related to Leasing of Historic Buildings contained in House Report 114-632. Ste. Genevieve Special Resource Study.--With regard to the Ste. Genevieve Special Resource Study, the Service shall follow the guidance contained in Senate Report 114-281. Blackstone River Valley National Historical Park.--The agreement includes requested funding for the Blackstone River Valley National Historical Park with the expectation that the Service will continue to make funds available to the local coordinating entity to maintain staffing and capacity to assist in management of the park as authorized in Public Law 113-291. Nicodemus, Kansas.--The Committees are encouraged by discussions between the Service and the Nicodemus Historic Society regarding a new or enhanced cooperative agreement that will increase visitor interaction and transfer greater control of the on-site interpretive services of the Nicodemus National Historic Site to descendants of Nicodemus and local community members. The Committees urge the Service to work in an expedited manner with local community leaders to finalize such agreement. Golden Gate National Recreation Area.--The Committees understand that the Service has placed a hold on the proposed rule for dog management at the Golden Gate National Recreation Area. The Service is directed to conduct an independent assessment of the planning process used to develop the proposed rule and report back to the Committees on its findings within 90 days of enactment of this Act. NATIONAL RECREATION AND PRESERVATION The agreement provides $62,638,000 for National Recreation and Preservation with the following specific directives: Chesapeake Gateways and Trails Program.--As requested, the agreement includes $2,020,000 for the Chesapeake Gateways and Trails Program. Heritage Partnership Program.--The agreement provides $19,821,000 for the Heritage Partnership Program. In order to provide stable funding for all national heritage areas, the agreement continues funding for longstanding areas at fiscal year 2016 levels; provides a total of $300,000 to areas with recently approved management plans, known as tier 2 areas; and provides $150,000 to each tier 1 area that has been authorized and is still in the process of having its management plan approved. The Committees believe that the current method used to allocate funding for individual heritage areas is likely to be unsustainable given the fiscal environment and the need for areas with more recent Congressional authorizations to build program capacity. The Committees expect participating heritage areas to reach agreement and propose a new funding allocation model to the Committees and the Service within 90 days of enactment of this Act that maintains the core services of the more established areas but allows for more resources to newer areas to expand and provide additional economic and cultural opportunities in the communities they serve. Mormon Pioneer National Heritage Area (MPNHA).--The Service and the Mormon Pioneer National Heritage Area are encouraged to work cooperatively with Snow College's Mormon Pioneer Heritage Institute to ensure the long-term viability of the MPNHA. Feasibility Study.--The Committees understand that the Service has no intent to initiate or conduct a feasibility study to establish a national heritage area in Baca, Bent, Crowley, Huerfano, Kiowa, Las Animas, Otero, Prowers, and Pueblo counties, Colorado. In the event the Service alters its intentions, the Committees direct the Service [[Page H3879]] to notify the Committees 120 days in advance of initiating such a study. American Battlefield Protection Program Assistance Grants.--The Committees are aware of increased workload and associated delays in grant processing due to the program's expansion of eligibility to sites associated with the Revolutionary War and the War of 1812, and have provided funds within the Land Acquisition and State Assistance account to allow for timely review and processing of grants. HISTORIC PRESERVATION FUND The agreement provides $80,910,000 for the Historic Preservation Fund. Within this amount, $47,925,000 is provided for grants to States and $10,485,000 is provided for grants to Tribes. The recommendation also includes $13,500,000 for competitive grants of which $500,000 is for grants to underserved communities and $13,000,000 is for competitive grants to document, interpret, and preserve historical sites associated with the Civil Rights Movement. The agreement also includes $4,000,000 for competitive grants to Historically Black Colleges and Universities (HBCUs) and $5,000,000 for the Save America's Treasures competitive grant program for preservation of nationally significant sites, structures, and artifacts. Prior to execution of these funds, the Service shall submit a spend plan to the Committees on Appropriations of the House and Senate. CONSTRUCTION The agreement provides $209,353,000 for Construction with the following specific directive: Line Item Construction.--The agreement provides $131,992,000 for line item construction projects in the fiscal year 2017 budget request as revised by the Service and provided to the House and Senate Committees on Appropriations on April 6, 2017, and shown in the table below. Increases above fiscal year 2016 base funds support the Centennial Initiative, particularly deferred maintenance needs nationwide, and construction projects as described in Senate Report 114-281. Requests for reprogramming will be considered pursuant to the guidelines in the front of this explanatory statement. ---------------------------------------------------------------------------------------------------------------- State Park Unit Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- DC................................... National Mall and $2,210,000 $2,210,000 Memorial Parks. NY................................... Gateway National 9,144,000 9,144,000 Recreation Area. DC................................... White House............ 17,160,000 17,160,000 AK................................... Wrangell-St. Elias 5,758,000 5,758,000 National Park & Preserve. GA................................... Ocmulgee National 2,006,000 2,006,000 Monument. WA................................... Mount Rainier National 13,211,000 13,211,000 Park. MA................................... Lowell National 4,601,000 4,601,000 Historical Park. PR................................... San Juan National 1,947,000 1,947,000 Historic Site. DC................................... National Mall and 9,456,000 9,456,000 Memorial Parks. SD................................... Jewel Cave National 6,797,000 6,797,000 Monument. CA................................... Yosemite National Park. 13,929,000 13,929,000 NY................................... Gateway National 1,597,000 1,597,000 Recreation Area. MD................................... Chesapeake and Ohio 7,770,000 7,770,000 Canal National Historical Park. AL................................... Selma to Montgomery 2,080,000 2,080,000 National Historic Trail. DC................................... National Mall and 8,240,000 8,240,000 Memorial Parks. NE................................... Scotts Bluff National 3,514,000 3,514,000 Monument. SD................................... Mount Rushmore National 2,465,000 2,465,000 Memorial. MO................................... Ozark National Scenic 2,330,000 2,330,000 Riverways. AZ................................... Grand Canyon National 10,966,000 10,966,000 Park. WI................................... Apostle Islands 2,041,000 2,041,000 National Lakeshore. NM................................... Old Santa Fe Trail 4,770,000 4,770,000 Building. Additional Project 9,104,000 0 Requests. Total, Line Item Construction ....................... 141,096,000 131,992,000 ---------------------------------------------------------------------------------------------------------------- Land and Water Conservation Fund (RESCISSION) The agreement includes a rescission of $28,000,000 in annual contract authority. This authority has not been used in recent years and there are no plans to use this authority in fiscal year 2017. LAND ACQUISITION AND STATE ASSISTANCE The bill provides $162,029,000 for Land Acquisition and State Assistance. The amounts recommended by this bill compared with the budget estimates by activity and project are shown in the table below, listed in priority order pursuant to the budget request for fiscal year 2017. Funds provided for the ``Grand Teton NP--State Land'' shall be used to repay fiscal year 2016 land acquisition projects and other balances reprogrammed during the first quarter of fiscal year 2017 in order to complete this project before December 31, 2016. From within funds for acquisition management, $252,000 is provided to support the administration of the American Battlefield Protection Program and to ensure the timely awarding of grants. Further instructions are contained under the Land and Water Conservation Fund heading in the front of this explanatory statement. ---------------------------------------------------------------------------------------------------------------- State Project--Unit Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- WY................................... Grand Teton NP--State $22,500,000 $14,572,000 Land. HI................................... Island Forests at Risk-- 6,000,000 6,000,000 Hawaii Volcanoes NP. ID................................... High Divide--Nez Perce 400,000 400,000 NHP. AL................................... Little River Canyon 516,500 516,000 National Preserve. Additional Project 7,897,500 0 Requests. ------------------------------------------------- Subtotal, Line Item 37,314,000 21,488,000 Projects. American Battlefield 10,000,000 10,000,000 Protection Program. Emergencies, Hardships, 3,928,000 3,928,000 Relocations, and Deficiencies. Acquisition Management. 10,000,000 9,679,000 Inholdings, Donations, 5,000,000 4,928,000 and Exchanges. Recreational Access.... 2,000,000 2,000,000 ------------------------------------------------- Total, NPS Land 68,242,000 52,023,000 Acquisition. Assistance to States: State conservation 94,000,000 94,000,000 grants (formula). State conservation 12,000,000 12,000,000 grants (competitive). Administrative expenses 4,006,000 4,006,000 ------------------------------------------------- Total, Assistance to 110,006,000 110,006,000 States. ------------------------------------------------- Total, NPS Land 178,248,000 162,029,000 Acquisition and State Assistance. ---------------------------------------------------------------------------------------------------------------- CENTENNIAL CHALLENGE The agreement provides $20,000,000 for the Centennial Challenge matching grant program, a key component of the Service's Centennial Initiative. The program provides dedicated Federal funding to leverage partnerships for signature projects and programs for the national park system. The Committees expect these funds to be used by the Service to address projects which have a deferred maintenance component in order to alleviate the sizeable deferred maintenance backlog within the national park system. A one- to-one matching requirement is required for projects to qualify for these funds. The Service is urged to give preference to projects that demonstrate additional leveraging capacity from its partners. United States Geological Survey SURVEYS, INVESTIGATIONS, AND RESEARCH The agreement provides $1,085,167,000 for Surveys, Investigations, and Research of the U.S. Geological Survey (USGS). The detailed allocation of funding by program area and activity is included in the table at the end of this explanatory statement. The Survey is directed to report to the Committees within 180 days of enactment of this Act on what new studies and projects over $1,000,000 have been initiated within the last three fiscal years. Ecosystems.--The bill provides $159,732,000, which includes an increase of $250,000 to address white-nose syndrome in bats and $250,000 as requested, for Great Lakes Fisheries Assessments. The Committees expect Great Lakes Restoration Initiative (GLRI) funds to be allocated in accordance with the funding allocation methodology used in fiscal year 2016, and provide $5,620,000 for the Survey to address Asian Carp issues in the Great Lakes and Upper Mississippi River. The Committees remain concerned about [[Page H3880]] new and emerging invasive species and expect the Survey to continue to focus on early detection and rapid response as a way to address the threats posed by invasive plants and animals. Climate and Land Use Change.--The agreement provides $149,275,000, which includes the Senate directive for Arctic research, and $85,794,000 for the Land Remote Sensing program. The Survey is directed to apply carryover balances from the satellite operations account so that Landsat-9 is fully funded. Energy, Minerals, and Environmental Health.--The bill provides $94,311,000 for Energy, Minerals, and Environmental Health. The Committees do not accept the proposed decrease of $1,500,000 for geophysical and remote sensing activities, and expect this work to continue in the Yukon-Tanana Upland. The Committees understand that the Survey is spending approximately $3,000,000 on studies related to oil and gas resources in low-permeability reservoirs and expect this work to continue. Further, the Committees direct the Survey to consult with State geological surveys to conduct the initial research needed for new assessments in the Artic petroleum province. The Committees support the Survey's comprehensive research on cyanobacterial harmful algal blooms within the Toxic Substances Hydrology program and expect this work to continue at the fiscal year 2016 enacted funding level. Natural Hazards.--Funding for the Natural Hazards program includes $64,303,000 for earthquake hazards, of which $10,200,000 is provided for continued development of an earthquake early warning system. The bill also provides an additional $800,000 as requested for the Central and Eastern U.S. Seismic Network (CEUSN) and an increase of $1,000,000 for regional seismic networks to work with the Survey to meet ANSS standards by incorporating data from active Earthscope earthquake monitoring instruments. The Committees understand that the cost benefit analysis as required by P.L. 114-113 is complete; therefore, the Survey is directed to report back to the Committees within six months of enactment of this Act with an implementation plan, including cost estimates, for the adoption of future seismic stations. The bill provides $28,121,000 for volcano hazards. A $1,000,000 increase over enacted is provided for the repair and upgrade of analog systems on high-threat volcanos, and an additional $1,000,000 is provided for next-generation lahar detection systems. Water Resources.--The bill provides $214,754,000 for Water Resources, with $59,927,000 directed to activities associated with the Cooperative Matching Funds for the highest priority work in WaterSMART: Water Use Research, Tribal cooperative funding, and critical Enhanced Cooperative Activities and Urban Waters work. Specifically, the bill provides $45,052,000 for the Water Availability and Use Science program, including an additional $1,000,000 for Water Use Research and $2,000,000 for groundwater resource studies in the Mississippi River Alluvial Plain; $72,673,000 for the Groundwater and Streamflow Information program, including increases of $500,000 for the groundwater network, $700,000 for streamgages, and $160,000 to reestablish a transboundary river streamgage affected by discharges caused by mines across the Canadian border; $90,529,000 for the National Water Quality program, including a $717,000 increase for Enhanced Cooperative Activities and Urban Waters and $63,000,000 for NAWQA Cycle 3; and $6,500,000 for the Water Resources Research Act program. Core Science Systems.--The bill provides $116,050,000, including increases to the 3D Elevation Program (3DEP), of which: $1,500,000 is for National Enhancement; $2,500,000 is for Alaska Mapping and Map Modernization; and $500,000 is for Landscape Level Assessments--Chesapeake Bay. Facilities.--It has come to the Committees' attention that additional resources may be needed for facilities challenges in Menlo Park, California; Lakewood, Colorado; and Madison, Wisconsin. The Survey is expected to expeditiously move forward on innovative proposals for resolving these issues, to address funding needs in the fiscal year 2018 budget submission, and to keep the Committees informed of developments related to these facilities. Prohibition on Destruction of Records.--The Office of Inspector General's report on Scientific Integrity at the USGS Energy Geochemistry Laboratory in Lakewood, Colorado, concluded the incident ``has had numerous real and potential adverse impacts on customers, products, and the organizational integrity of USGS.'' While the Survey has taken action and closed the laboratory involved, it is critical the Survey adhere to Federal records management requirements and abide by the prohibitions against unlawful removal or destruction of Federal records, specifically those regarding, related to, or generated by the Inorganic Section of this laboratory while USGS and Congressional assessments of the incident are ongoing. Bureau of Ocean Energy Management OCEAN ENERGY MANAGEMENT The bill provides $169,560,000 for Ocean Energy Management to be partially offset with the collection of rental receipts and cost recovery fees totaling $94,944,000, for a net discretionary appropriation of $74,616,000. The request did not include any funds for coastal marine spatial planning and accordingly the bill provides no funds for such activities. The agreement includes the following additional guidance: Air Quality Studies.--The Committees expect the Bureau to complete ongoing air quality modelling studies and consult with affected coastal States prior to finalizing any new requirements. Financial Assurance.--The Committees understand that the Bureau has extended the implementation timeline for changes to its Risk Management and Financial Assurance Program to allow for continued stakeholder input. Five-year lease plan.--The Committees are aware that the Department is reviewing the 2017-2022 offshore lease plan and expect the review to proceed expeditiously and to carefully consider updates for the plan consistent with stakeholder input. Offshore Revenues.--The Committees expect the Department will distribute revenues from Gulf of Mexico operations in a manner consistent with the Gulf of Mexico Energy Security Act of 2006 (P.L. 109-432). Offshore Wind Energy Development.--The Committees understand that the Bureau is continuing to work in North Carolina with local stakeholders, industry, and State task forces and that there will be no lease sales in the Wilmington Wind Energy Area during fiscal year 2017. Renewable Energy.-- The Bureau should follow the direction under this heading in Senate Report 114-281. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT (INCLUDING RESCISSION OF FUNDS) The bill provides $189,772,000 for Offshore Safety and Environmental Enforcement to be partially offset with the collection of rental receipts, cost recovery fees and inspection fees totaling $96,530,000 for a net discretionary appropriation of $93,242,000. The bill also includes a $25,000,000 rescission of unobligated balances. Blowout Preventer Systems and Well Control Rule.--The Committees encourage the Bureau to evaluate information learned from additional stakeholder input and ongoing technical conversations to inform implementation of this rule. To the extent additional information warrants revisions to the rule that require public notice and comment, the Bureau is encouraged to follow that process to ensure that offshore operations promote safety and protect the environment in a technically feasible manner. Other.--The Committees direct the Bureau to review its current policy concerning the acquisition of helicopter fuel in the Gulf of Mexico from third parties and submit a report to the Committees within 90 days of enactment of this Act. The report should include an analysis of how frequently fuel is acquired by the agency and the criteria used to determine compensation for fuel owned by third parties. OIL SPILL RESEARCH The bill provides $14,899,000 for Oil Spill Research. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT REGULATION AND TECHNOLOGY The bill provides $121,017,000 for Regulation and Technology. Within this amount, the bill funds regulatory grants at $68,590,000, equal to the fiscal year 2016 enacted level. ABANDONED MINE RECLAMATION FUND The bill provides $132,163,000 for the Abandoned Mine Reclamation Fund. Of the funds provided, $27,163,000 shall be derived from the Abandoned Mine Reclamation Fund and $105,000,000 shall be derived from the General Fund. The agreement provides $105,000,000 for grants to States for the reclamation of abandoned mine lands in conjunction with economic and community development and reuse goals. As provided in the bill, $75,000,000 shall be distributed in equal amounts to the three Appalachian States with the greatest amount of unfunded needs and $30,000,000 shall be distributed in equal amounts to the three Appalachian States with the subsequent greatest amount of unfunded needs. Such grants shall be distributed to States in accordance with the goals, intent and direction provided under this heading in House Report 114-632. BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION OPERATION OF INDIAN PROGRAMS (INCLUDING TRANSFER OF FUNDS) The bill provides $2,339,346,000 for Operation of Indian Programs. In addition to the funding allocation table at the end of this explanatory statement, the agreement includes requested fixed costs and transfers, and the following details and instructions. The Bureaus are reminded of the guidance and reporting requirements contained in House Report 114-632 and Senate Report 114-281 that should be complied with unless specifically addressed to the contrary herein, as explained in the front matter of this explanatory statement. Tribal Government.--The agreement includes $308,185,000 for Tribal government programs, of which $160,000 is for new Tribes. If additional Tribes are recognized during fiscal year 2017 beyond those contemplated in the budget request, the Bureau is urged to support their capacity building efforts to the extent feasible. The Small and Needy Tribes program is funded at $4,448,000, ensuring that all Tribes receive the maximum base level provided by the Bureau to run Tribal governments. [[Page H3881]] Road maintenance is funded at $30,307,000. The Bureau is urged to focus the program increase on roads and bridges in poor or failing condition, particularly along school bus routes. The Bureau is directed to consolidate the reporting requirements for road maintenance contained in the House and Senate reports and to report back to the Committees within 60 days of enactment of this Act. Human Services.--The Bureau is directed to report back to the Committees within 90 days of enactment of this Act on the performance measures being used to monitor and track the Tiwahe initiative's effectiveness in Indian Country. Trust--Natural Resources Management.--The agreement includes $11,266,000 for the Tribal Management/Development Program and a $2,000,000 program increase for Alaska subsistence programs as requested, including consideration of funding for the projects and pilot programs referenced in the budget submission including the Ahtna Subsistence Cooperative Management Project and the Kuskokwim River Inter-Tribal Fisheries Commission. Forestry is funded at $54,155,000 and includes a $2,000,000 program increase for forest thinning projects. The Fish, Wildlife, and Parks program is funded at $15,203,000 and includes program increases of $545,000 for Tribal hatcheries currently not receiving BIA hatchery operations funding as outlined in the Senate report, and $1,000,000 for fish hatchery operations. The ongoing Seminole and Miccosukee water study is funded at $390,000 as requested. The Bureau is directed to enter into a formal partnership with local Tribes and the United States Geological Survey to help develop a water quality strategy for transboundary rivers affected by discharges caused by mines across the Canadian border. Trust--Real Estate Services.--The agreement includes $123,092,000 for real estate services and includes the following program changes: a decrease of $6,893,000 as requested from trust services; a $400,000 increase for the historical places and cemetery sites program, including ANCSA sites; and a $1,500,000 increase for settlement negotiations and implementation related to water rights and Tribal trust fishery resources in the Klamath Basin. The agreement does not include the directive contained in the House report regarding reservation boundary recognition. The Committees are concerned that the Bureau does not adequately maintain rights-of-way records. The Bureau is encouraged to develop a plan to update and digitize its inventory of records and to make the records publicly available in a commonly used mapping format, consistent with the guidance provided in Senate Report 114-281. Bureau of Indian Education.--The agreement includes $891,513,000 for the Bureau of Indian Education, of which: $400,223,000 is for ISEP formula funds; $2,500,000 is for the development and operation of Tribal departments or divisions of education (TEDs) as authorized by 25 U.S.C. 2020; $55,995,000 is for student transportation; $18,659,000 is for early child and family development and should be used to expand the Family and Child Education (FACE) program; $80,165,000 is to fully fund Tribal grant support costs, based upon updated information provided by the Bureau; $66,219,000 is for facilities operations; $59,043,000 is for facilities maintenance; $7,414,000 is for Tribal technical colleges; $22,117,000 is for the Bureau-owned and operated Haskell Indian University and Southwestern Indian Polytechnic Institute (SIPI), as requested; $34,783,000 is for scholarships and adult education; $2,992,000 is for special higher education scholarships; $24,763,000 is for education program management; $10,287,000 is for information technology; and $12,201,000 is for education program enhancements, which shall be supplemented by the use of $2,000,000 in prior year unobligated balances. The Committees support efforts to revitalize and maintain Native languages and expand the use of language immersion programs and have provided $2,000,000 within education program enhancements for capacity building grants for Bureau and tribally operated schools to expand existing language immersion programs or to create new programs. Prior to distributing these funds, the Bureau shall coordinate with the Department of Education and Department of Health and Human Services to ensure that Bureau investments compliment, but do not duplicate, existing language immersion programs. The Committees also direct the Bureau to submit a report to the Committees within 180 days of enactment of this Act regarding the distribution of these funds and the status of Native language classes and immersion programs offered at Bureau-funded schools. The Johnson O'Malley program is funded at the fiscal year 2016 enacted level. The Committees remain concerned that the distribution of funds is not an accurate reflection of the distribution of students. The Bureau is directed to consolidate the program reporting requirements contained in the House and Senate reports and to report back to the Committees within 60 days of enactment of this Act. The one-time increase of $5,100,000 provided in fiscal year 2016 to forward fund Tribal technical colleges has been transferred to forward fund the Institute of American Indian Arts in fiscal year 2017. The Bureau is encouraged to forward fund Haskell and SIPI in future budget requests so that all Tribal colleges are on the same funding schedule. The Committees remain concerned about recent Government Accountability Office (GAO) reports detailing problems within the K-12 Indian education system at the Department of the Interior, in particular as they pertain to organizational structure, accountability, finance, health and safety, and ultimately student performance. As the Department takes steps to reform the system, the Secretary is reminded that future support from Congress will continue to be based in large part upon successful implementation of GAO report recommendations. In particular, consistent with GAO report 13-774, the Secretary is urged to reorganize Indian Affairs so that control and accountability of the BIE system is consolidated within the BIE, to present such reorganization proposal in the fiscal year 2018 budget request, and to submit to the Committees a corresponding updated workforce plan. Consistent with GAO testimonies 15-389T, 15-539T, 15-597T, and any subsequent reports, the Secretary is urged to personally oversee immediate actions necessary to ensure the continued health and safety of students and employees at BIE schools and facilities. Public Safety and Justice.--The agreement includes $385,735,000 for public safety and justice programs, of which: $202,000,000 is for criminal investigations and police services and includes a $1,000,000 program increase to implement the Native American Graves Protection and Repatriation Act; $96,507,000 is for detention/corrections; $10,319,000 is for law enforcement special initiatives; and $30,753,000 is for Tribal courts. Funding for Tribal justice support is restored to $17,250,000, of which not less than $10,000,000 is to address the needs of Tribes affected by Public Law 83-280. The Committees remain concerned about Tribal court needs as identified in the Indian Law and Order Commission's November 2013 report, which notes Federal investment in Tribal justice in ``P.L. 280'' States has been more limited than elsewhere in Indian Country. The Committees expect the Bureau to work with Tribes and Tribal organizations in these States to fund plans that design, promote, sustain, or pilot courts systems subject to jurisdiction under Public Law 83-280. The Bureau is also directed to formally consult and maintain open communication throughout the process with Tribes and Tribal organizations on how this funding supports the technical infrastructure and future Tribal court needs for these jurisdictions. Community and Economic Development.--The agreement includes $41,844,000 for community and economic development, of which: $12,504,000 is for job placement and training; $25,304,000 is for minerals and mining; and $2,235,000 is for community development central oversight. Executive Direction and Administrative Services.--The agreement provides $228,824,000 for executive direction and administrative services, of which: $10,006,000 is for Assistant Secretary Support, $2,970,000 is for safety and risk management; $23,060,000 is for human capital management; $23,552,000 is for intra-governmental payments. The reductions from Assistant Secretary Support and human capital management reflect a transfer of school-related responsibilities, personnel, and budget to the Bureau of Indian Education. Tribal Recognition.--The Committees acknowledge concerns expressed by certain Tribes, States, and bipartisan members of Congress regarding effects of recent changes in Tribal recognition policy on standards that have been applied to new applicants since 1978. Federal acknowledgement of a Tribe impacts the Federal budget, other Tribes, State and local jurisdictions, and individual rights. The Committees expect the Administration to maintain rigorous recognition standards while implementing a more transparent, efficient, and workable process. CONTRACT SUPPORT COSTS The bill provides an indefinite appropriation for contract support costs, consistent with fiscal year 2016 and estimated to be $278,000,000. CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) The bill provides $192,017,000 for Construction. In addition to the funding allocation table at the end of this explanatory statement, the agreement includes the following instructions: Education.--The agreement includes $133,257,000 for schools and related facilities within the Bureau of Indian Education system, equal to the fiscal year 2016 enacted level after accounting for a one-time funding surge in 2016 to reduce the backlog of critical deferred maintenance projects. The Bureau is directed to submit an allocation plan to the Committees for campus-wide replacement and facilities replacement within 30 days of enactment of this Act. Indian Affairs is directed to reallocate $2,000,000 from prior year unobligated balances in order to accelerate advance planning and design of replacement schools and school facilities as proposed. Of these unobligated balances, $1,000,000 shall be from the Construction Management activity and $1,000,000 shall be from the General Administration activity. The agreement does not include an authorizing provision in the House bill to reconstitute the National Fund for Excellence in American Indian Education. The Committees continue to strongly support innovative financing options to supplement annual appropriations and accelerate repair and replacement of Bureau of Indian Education schools, including through the use of construction bonds, tax credits, and grant programs. The Department is urged to revise [[Page H3882]] and resubmit its proposal to reconstitute the Fund and to include authority for the Fund to facilitate public-private partnership construction projects. INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS The bill provides $45,045,000 for Indian Land and Water Claims Settlements and Miscellaneous Payments to Indians. In addition, the Bureau shall reallocate $5,916,000 in prior- year unobligated funds that remain after completion of settlement requirements, for a total program level of $50,961,000. The Department is directed to submit an allocation plan for these funds to the Committees within 90 days of enactment of this Act. INDIAN GUARANTEED LOAN PROGRAM ACCOUNT The bill provides $8,757,000 for the Indian Guaranteed Loan Program Account to facilitate business investments in Indian Country. ADMINISTRATIVE PROVISIONS (INCLUDING RESCISSION OF FUNDS) The bill includes a rescission of $3,400,000 from prior year unobligated balances within the Operation of Indian Programs account. The Bureau is directed to take the rescission from no-year funds within the Executive Direction and Administrative Services activity. DEPARTMENTAL OFFICES OFFICE OF THE SECRETARY DEPARTMENTAL OPERATIONS The agreement provides $271,074,000 for Departmental Offices, Office of the Secretary, Departmental Operations. The detailed allocation of funding by program area and activity is included in the table at the end of the statement. Increases above the fiscal year 2016 enacted level within the Leadership and Administration activity are outlined within Senate Report 114-281 and include $225,000 as requested for equipment associated with monitoring classified computers and communications devices supporting the Office of the Secretary and the intelligence community in light of ongoing terrorist threats to national icons. Within the Management Services activity, an additional $110,000 is provided for law enforcement and investigative activities, including combatting counterfeit activities and enforcement functions related to Indian art and craftwork. The agreement provides $11,000,000 for the Office of Valuation Services. The agreement also includes an additional $968,000 as requested within the Office of Natural Resources Revenue (ONNR) to address certain Trust responsibilities for the Osage Nation consistent with the services ONRR already provides to every other Tribe. Full funding for the Payments in Lieu of Taxes (PILT) program for fiscal year 2017 is included in a separate account under Department-Wide Programs. The agreement includes language as requested establishing the Department of the Interior Experienced Services Program. National Monument Designations.--The Department is directed to collaboratively work with interested parties, including Congress, States, local communities, Tribal governments, and others before making national monument designations. Arecibo Observatory.--The Committees recognize the importance of world-class scientific research conducted at the Arecibo Observatory in Puerto Rico and direct the Department to notify the Committees prior to taking any actions that could affect the future operation of the facility. Energy and Minerals Programs and Management.--The Committees are aware that the Department is administratively addressing many of the energy-related provisions and directives contained in the House and Senate bills and reports with the goal of increasing responsible and sustainable energy development on Federal lands, while providing economic benefits to States, Tribes, communities, and the economy. Office of Navajo and Hopi Indian Relocation.--The Department is directed to work with the Office of Navajo and Hopi Indian Relocation (ONHIR) on a plan to close ONHIR and transfer any remaining functions to another agency or organization, as described in further detail under the ONHIR heading within this explanatory statement. INSULAR AFFAIRS ASSISTANCE TO TERRITORIES The agreement provides $91,925,000 for Assistance to Territories. The detailed allocation of funding is included in the table at the end of this explanatory statement. COMPACT OF FREE ASSOCIATION The agreement provides $3,318,000 for Compact of Free Association. The detailed allocation of funding is included in the table at the end of this explanatory statement. OFFICE OF THE SOLICITOR SALARIES AND EXPENSES The agreement provides $65,769,000 for the Office of the Solicitor. The detailed allocation of funding is included in the table at the end of this explanatory statement. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES The agreement provides $50,047,000 for the Office of Inspector General. The detailed allocation of funding is included in the table at the end of this explanatory statement. OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS FEDERAL TRUST PROGRAMS (INCLUDING TRANSFER OF FUNDS) The agreement provides $139,029,000 for the Office of the Special Trustee for American Indians. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. DEPARTMENT-WIDE PROGRAMS WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) The agreement provides a total of $942,671,000 for Department of the Interior Wildland Fire Management. Of the funds provided, $395,000,000 is for suppression operations. The bill fully funds wildland fire suppression at the 10-year average. The detailed allocation of funding for these accounts is included in the table at the end of this explanatory statement. Fuels Management.--The agreement provides $180,000,000 for hazardous fuels management activities, which is $10,000,000 above the fiscal year 2016 enacted level. FLAME WILDFIRE SUPPRESSION RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) The agreement provides $65,000,000 for the FLAME Wildfire Suppression Reserve Fund, which is designated as emergency spending. CENTRAL HAZARDOUS MATERIALS FUND The agreement provides $10,010,000 for the Central Hazardous Materials Fund. NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION NATURAL RESOURCE DAMAGE ASSESSMENT FUND The agreement provides $7,767,000 for the Natural Resource Damage Assessment Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. WORKING CAPITAL FUND The agreement provides $67,100,000 for the Department of the Interior, Working Capital Fund. PAYMENTS IN LIEU OF TAXES The agreement provides $465,000,000 for the Payments in Lieu of Taxes (PILT) program, the fully authorized level of funding for fiscal year 2017 as determined by the most recent Department of the Interior calculation and provided to the Committees on April 20, 2017. The initial estimate was made during formulation of the fiscal year 2017 President's Budget, over 20 months before enactment of the appropriation. This estimate was overstated because it was predicated on the relevant inflation rate at the time--nearly twice the current rate. Additionally, the initial estimate presumed average historical prior-year payment information, which has now been updated with current data from States and counties. GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR (INCLUDING TRANSFERS OF FUNDS) The agreement includes various legislative provisions affecting the Department in Title I of the bill, ``General Provisions, Department of the Interior.'' The provisions are: Section 101 provides Secretarial authority for the intra- bureau transfer of program funds for expenditures in cases of emergencies when all other emergency funds are exhausted. Section 102 provides for the Department-wide expenditure or transfer of funds by the Secretary in the event of actual or potential emergencies including forest fires, range fires, earthquakes, floods, volcanic eruptions, storms, oil spills, grasshopper and Mormon cricket outbreaks, and surface mine reclamation emergencies. Section 103 provides for the use of appropriated funds by the Secretary for contracts, rental cars and aircraft, telephone expenses, and other certain services. Section 104 provides for the transfer of funds from the Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians. Section 105 permits the redistribution of Tribal priority allocation and Tribal base funds to alleviate funding inequities. Section 106 authorizes the acquisition of lands for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands. Section 107 continues Outer Continental Shelf inspection fees to be collected by the Secretary of the Interior. Section 108 authorizes the Secretary of the Interior to continue the reorganization of the Bureau of Ocean Energy Management, Regulation, and Enforcement in conformance with Committee reprogramming guidelines. Section 109 provides the Secretary of the Interior with authority to enter into multi-year cooperative agreements with non-profit organizations for long-term care of wild horses and burros. Section 110 addresses the U.S. Fish and Wildlife Service's responsibilities for mass marking of salmonid stocks. Section 111 modifies a provision addressing Bureau of Land Management actions regarding grazing on public lands. Section 112 continues a provision prohibiting funds to implement, administer, or enforce Secretarial Order 3310 issued by the Secretary of the Interior on December 22, 2010. Section 113 allows the Bureau of Indian Affairs and Bureau of Indian Education to more efficiently and effectively perform reimbursable work. Section 114 addresses the issuance of rules for sage- grouse. Section 115 addresses National Heritage Areas. Section 116 addresses the humane transfer of excess wild horses and burros. [[Page H3883]] Section 117 extends authorization for certain payments to the Republic of Palau for fiscal year 2017. Section 118 provides for the establishment of a Department of the Interior Experienced Services Program. Section 119 provides a boundary adjustment to the Natchez National Historical Park. Section 120 establishes a special resources study to preserve Civil Rights sites. Section 121 modifies the Continuous Operations rule. Section 122 establishes the Bureau of Land Management Foundation. TITLE II--ENVIRONMENTAL PROTECTION AGENCY The bill provides $8,058,488,000 for the Environmental Protection Agency (EPA). Congressional Budget Justification.--The Agency is directed to continue to include the information requested in House Report 112-331 and any proposals to change State allocation formulas that affect the distribution of appropriated funds in future budget justifications. Reprogramming.--The Agency is held to the reprogramming limitation of $1,000,000 and should continue to follow the reprogramming directives as provided in the front of this explanatory statement. It is noted that such reprogramming directives apply to proposed reorganizations, workforce restructure, reshaping, transfer of functions, or downsizing, especially those of significant national or regional importance, and include closures, consolidations, and relocations of offices, facilities, and laboratories. Further, the Agency may not use any amount of deobligated funds to initiate a new program, office, or initiative, without the prior approval of the Committees. Within 30 days of enactment of this Act, the Agency is directed to submit to the House and Senate Committees on Appropriations its annual operating plan for fiscal year 2017, which shall detail how the Agency plans to allocate funds at the program project level. Other.--It is noted that the current workforce is below the fiscal year 2016 level, therefore, the agreement includes rescissions in the Science and Technology and Environmental Programs and Management accounts that capture expected savings associated with such changes. The Agency is directed to first apply the rescissions across program project areas to reflect routine attrition that will occur in those program project areas in fiscal year 2017 and then to reflect efficiency savings in a manner that seeks, to the extent practicable, to be proportional among program project areas. Amounts provided in this Act are sufficient to fully fund Agency payroll estimates. The Committees understand that the Agency routinely makes funding payroll requirements a top priority, and the Committees expect the Agency will continue to do so as it executes its fiscal year 2017 appropriation and applies the rescissions. The Committees do not expect the Agency will undertake adverse personnel actions or incentive programs to comply with the rescissions. As specified in the bill language, the rescissions shall not apply to the Geographic Programs, the National Estuary Program, and the National Priorities funding in the Science and Technology and Environmental Programs and Management accounts. The Agency is directed to submit, as part of the operating plan, detail on the application of such rescissions at the program project level. SCIENCE AND TECHNOLOGY (INCLUDING RESCISSION OF FUNDS) For Science and Technology programs, the bill provides $713,823,000 to be partially offset by a $7,350,000 rescission for a net discretionary appropriation of $706,473,000. The bill transfers $15,496,000 from the Hazardous Substance Superfund account to this account. The bill provides the following specific funding levels and direction: Research: National Priorities.--The bill provides $4,100,000 which shall be used for extramural research grants, independent of the Science to Achieve Results (STAR) grant program, to fund high-priority water quality and availability research by not-for-profit organizations who often partner with the Agency. Because these grants are independent of the STAR grant program, the Agency should strive to award grants in as large an amount as is possible to achieve the most scientifically significant research. Funds shall be awarded competitively with priority given to partners proposing research of national scope and who provide a 25 percent match. The Agency is directed to allocate funds to grantees within 180 days of enactment of this Act. Additional Guidance.--The agreement includes the following additional guidance: Computational Toxicology.--The Agency shall follow the direction under this heading in Senate Report 114-281. Enhanced Aquifer Use.--The Agency shall follow the direction under this heading in Senate Report 114-281. Integrated Risk Information System (IRIS).-- The Committees are aware of efforts to implement the 2011 National Academy of Science's (NAS) Chapter 7 and 2014 NAS report recommendations for the IRIS program, including six specific recommendations. These recommendations include objective evaluation of the strengths and weaknesses of critical studies, the need for weight of evidence evaluation and integration, and clearer rationale for selecting studies to calculate toxicity values. Additionally, the NAS identified specific recommendations and considerations when evaluating the hazards of formaldehyde. The Committees believe that EPA should contract with the NAS to conduct the peer review of the revised draft IRIS assessment of formaldehyde, should it be released in fiscal year 2017, to verify the recommendations from the previous NAS report of 2011 have been fully resolved scientifically. ENVIRONMENTAL PROGRAMS AND MANAGEMENT (INCLUDING RESCISSION OF FUNDS) For Environmental Programs and Management, the bill provides $2,619,799,000 to be partially offset by a $21,800,000 rescission for a net discretionary appropriation of $2,597,999,000. The bill provides the following specific funding levels and direction: Environmental Protection: National Priorities.--The bill provides $12,700,000 for a competitive grant program to provide technical assistance for improved water quality or safe drinking water to rural and urban communities or individual private well owners. The Agency is directed to provide on a national or multi-State regional basis, $11,000,000 for grants to qualified not-for-profit organizations, including organizations authorized by Section 1442(e) of the Safe Drinking Water Act (42 U.S.C.300j- 1(e)(8)), for the sole purpose of providing on-site training and technical assistance for water systems in rural or urban communities. The Agency is also directed to provide $1,700,000 for grants to qualified not-for-profit organizations for technical assistance for individual private well owners, with priority given to organizations that currently provide technical and educational assistance to individual private well owners. The Agency shall require each grantee to provide a minimum 10 percent match, including in- kind contributions. The Agency is directed to allocate funds to grantees within 180 days of enactment of this Act. Geographic Programs.--The bill provides $435,857,000, as distributed in the table at the end of this division, and includes the following direction: Great Lakes Restoration Initiative.--The bill provides $300,000,000 and the Agency shall continue to follow the direction as provided in House Report 112-589. In addition, as EPA distributes funds across the five focus areas, Tribal related activities shall be maintained at not less than the fiscal year 2016 level. Chesapeake Bay.--The bill provides $73,000,000 and the Agency shall allocate funds consistent with the direction under this heading in Senate Report 114-281. Water: Ecosystems.--The agreement includes $47,788,000. The Committees recognize that Public Law 114-161 created a competitive grant program to help prioritize challenging issues within estuaries. Passage of this law occurred after the Agency's budget submission. After the Agency provides $600,000 to each of the 28 national estuaries in the program, the Committees urge the Agency to fund a competitive grant program using available resources, and consistent with House report 114-632. In addition, the Committees direct EPA to use the funds provided to accelerate the processing of mining permits with the Corps of Engineers. Further, the Committees direct EPA, in consultation with the Corps of Engineers, to continue to report monthly on the number of Section 404 permits under EPA's review, consistent with the direction under this heading in House Report 114-170. Additional Guidance.--The agreement includes the following additional guidance: Accidental Release Prevention Requirements.--The Committees note that EPA has postponed the effective date for implementation by 90 days as it reviews and reevaluates the rule. The Committees expect EPA to work with State regulators, facility managers, small businesses, and other stakeholders as it reevaluates the rule. Agricultural Operations.--The Committees note that Congress never intended the Solid Waste Disposal Act to govern animal or crop waste, manure, or fertilizer, or constituents derived from such sources. The Agency's longstanding regulations accurately reflect Congress' intent not to regulate manure and crop residues under the Solid Waste Disposal Act, and the Committees support legislative efforts to clarify and codify the treatment of agricultural byproducts under the Solid Waste Disposal Act. Clean Air Act Economic Analysis.--The Committees note that Section 321(a) of the Clean Air Act states that the EPA ``shall conduct continuing evaluations of potential loss or shifts of employment''. On October 17, 2016, a Federal district court opinion found that the Agency has a non- discretionary duty to compile such evaluations, and ordered the Agency to develop a plan for compliance. In January 2017, the Federal district court directed the EPA to develop an economic analysis of the effects of regulations on the coal mining and power generation industries by July 1, 2017. EPA has also been directed to demonstrate by the end of the year that it has measures in place to monitor employment shift as a result of its regulations. The Committees expect the Agency will keep the Committees apprised of progress to comply with the recent court orders. Coal Combustion Residuals.--Section 2301 of the WIIN Act (P.L. 114-322) amended the Solid Waste Disposal Act to authorize the Agency to review and approve, as appropriate, State programs for permits or other systems of prior approval and conditions under State law for the regulation of coal combustion residuals. To expedite the process for reviewing and approving such State [[Page H3884]] programs, the Agency should establish, as expeditiously as is practicable, streamlined procedures for prompt approval of those State programs. Combined Sewer Overflows.--Senate Report 114-281 included language directing the EPA to report to Congress, within 60 days of enactment of this Act, the plan and timeline for the implementation of public notice requirements for treatment works discharging sewage into the Great Lakes as required by the Consolidated Appropriations Act, 2016. The Committees remind the Agency that the bill language in the Consolidated Appropriations Act, 2016, specifically defined the term ``Great Lakes'' for purpose of the public notice requirements. Additionally, the Committees note that the bill language did not require immediate public notice. As such, the Committees recommend the Agency give utilities flexibility to ensure that the ratepayers are not severely impacted by the cost of implementing this public notice requirement. Ecolabels for Federal Procurement.--The agreement includes the direction in Senate Report 114-281 to provide a report on the Agency's Ecolabel program within 60 days of enactment of this Act. The Committees are aware that the Agency has been developing guidelines to evaluate ecolabels that are used in Federal purchasing for building construction and other uses and recommend that any process be fair, transparent, and consistent with other product requirements. Exempt Aquifers.--The Committees are aware that EPA has received and will be receiving exempt aquifer applications from the State of California for processing and approval. The Committees continue to support protecting underground sources of drinking water and promoting robust economic development. Accordingly, the Committees continue to urge EPA to work expeditiously to process exempt aquifer applications and use the existing regulatory framework to process these applications as provided in House Report 114-170 and House Report 114-632. Integrated Planning.--The Committees strongly support efforts to use an integrated planning approach to help municipalities meet Clean Water Act obligations. The Committees urge the Agency to work with communities in fiscal year 2017 to develop elements of integrated plans for municipal wastewater and stormwater management. Lead Test Kit.--The Committees reiterate support for activities that result in safe and proper reduction of lead paint in homes and the protection of sensitive populations. Such support along with concerns about implementation challenges were expressed in House Report 114-632 and Senate Report 114-281. Consistent with the concerns outlined in the Committee reports, EPA should identify options to remedy implementation challenges that have persisted since 2009. National Ambient Air Quality Standards.--Concerns remain about potentially overlapping implementation schedules related to the 2008 and 2015 standards for ground-level ozone. Because the Agency did not publish implementing regulations for the 2008 standard of 75 parts per billion [ppb] until February 2015, and then revised the standard to 70 ppb in October 2015, States now face the prospect of implementing two national ambient air quality standards for ozone simultaneously. It is likely that, based on Agency data, a number of counties will be in non-attainment with both the 2008 standard and the 2015 standard. Additionally, Agency data suggests that a number of marginal non-attainment counties will meet the 2015 standard by 2025 due to other air regulations. In an effort to find the most sensible path to reduce ground level ozone, some flexibility must be granted to States that face the burden of implementing these potentially overlapping standards. Within 90 days of the date of enactment of this Act, the Agency is directed to provide the Committees with a report examining the potential for administrative options to enable States to enter into cooperative agreements with the Agency that provide regulatory relief and meaningfully clean up the air. Pesticides Registration Improvement Act.--In addition to the direction under this heading in Senate Report 114-281,-- the Agency is directed to provide the Committees with a quarterly report detailing the amount of previously collected maintenance fees that are currently unavailable for obligation. Science Advisory Board.--Regarding language under both the Science and Technology account and the Environmental Programs and Management account, the Committees are aware that EPA did not fulfill the fiscal year 2016 directive to provide updated policy statements to GAO for review. Significant New Alternatives Policy (SNAP) Program.--The Committees reiterate the concern expressed in Senate Report 114-281 with respect to the proposed timeframes for delistings. Historical experience indicates that manufacturers often need several years to modify manufacturing processes in order to transition between new materials. Since EPA's deadlines are not driven by statutory mandates, additional transition time is allowable, and warranted, in order to avoid unintended consequences. To allow manufacturers to fully integrate new chemicals into their product lines following rigorous efficacy and safety testing, EPA is directed to consider harmonizing the status of any previously approved refrigerant or foam-blowing agent with other domestic and international programs for refrigeration and commercial air conditioning applications, and corresponding deadlines for military, space- and aeronautics-related applications. Small and Art Glass Manufacturers.--The Committees note there are significant concerns in the small and art glass manufacturing industry over potential changes to the definitions and standards for National Emission Standards for Hazardous Air Pollutants requirements. The Committees recommend that the Agency maintain current thresholds and definitions particularly related to operators that produce less than 50 tons per year or use non-continuous furnaces in their operations. Small Refinery Relief.--The agreement includes the directive contained in Senate Report 114-281 related to small refinery relief. Spill Prevention Requirements.--The WIIN Act (P.L. 114-322) modified the applicability of EPA's Spill Prevention, Control and Countermeasure regulations with respect to smaller containers on farms. The Committees urge EPA to continue to explore options for additional flexibilities for farmers and ranchers subject to the rule. Toxic Substances Control Act Modernization.--The agreement includes bill language that will enable the EPA to collect and spend new fees to conduct additional chemical reviews, as authorized by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114-182). Since collections will begin partway through the year, the Congressional Budget Office estimates that fee collections will total $3,000,000 for fiscal year 2017 and are estimated to increase to $25,000,000 per year once the program is fully implemented. Finally, this bill includes language ensuring that new fee collections will supplement, not supplant, appropriated resources for these activities. Uranium.--The Committees note that EPA has decided to re- propose the Part 192 rule and solicit additional public comment. As the Agency works through the public comment process, the Committees encourage EPA to work with State regulators, the Nuclear Regulatory Commission, and the uranium recovery industry to collect sufficient data to determine if any updates are needed to the existing generally applicable standards. Worker Protection Standards.--The Committees note that the process for developing and providing guidance, educational materials, and training resources to the States has not followed the schedule originally envisioned in the rule. Accordingly, the Agency has received petitions requesting extensions of implementation dates until January 2018 that would allow for a smoother transition to new requirements. The Agency should consider extending implementation deadlines until 2018, and whether further engagement with stakeholders regarding implementation issues would be beneficial. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND The bill provides $3,178,000 for the Hazardous Waste Electronic Manifest System Fund. OFFICE OF INSPECTOR GENERAL The bill provides $41,489,000 for the Office of Inspector General. BUILDINGS AND FACILITIES The bill provides $34,467,000 for Buildings and Facilities. HAZARDOUS SUBSTANCE SUPERFUND (INCLUDING TRANSFERS OF FUNDS) The bill provides $1,088,769,000 for the Hazardous Substance Superfund account and includes bill language to transfer $8,778,000 to the Office of Inspector General account and $15,496,000 to the Science and Technology account. The bill provides the following additional direction: Financial Assurance.--The Committees are aware of concerns raised by States, stakeholders, and the Small Business Administration's Office of Advocacy regarding the Agency's proposed rule on financial assurance for hardrock mining. The Agency has extended the comment period on the proposed rule for hardrock mining until July 11, 2017. It is expected that the Agency will take those comments into account in recommending its course of action to finalize the rule. =========================== NOTE =========================== May 3, 2017, on page H3884, the following appeared: for hard rock mining until July The online version has been corrected to read: for hardrock mining until July ========================= END NOTE ========================= Sediment Guidance.--The Committees note that the Agency completed a report on sediment guidance in February 2017. The Committees urge the Agency to ensure compliance with the Agency's Contaminated Sediment Guidance. LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM The bill provides $91,941,000 for the Leaking Underground Storage Tank Trust Fund Program. INLAND OIL SPILL PROGRAMS The bill provides $18,209,000 for Inland Oil Spill Programs. STATE AND TRIBAL ASSISTANCE GRANTS The bill provides $3,527,161,000 for the State and Tribal Assistance Grants program and includes the following specific funding levels and direction: Targeted Airshed Grants.--The bill provides $30,000,000 for targeted airshed grants to reduce air pollution in non- attainment areas. These grants shall be distributed on a competitive basis to non-attainment areas that EPA determines are ranked as the top five most polluted areas relative to annual ozone or particulate matter 2.5 standards as well as the top five areas based on the 24-hour particulate matter 2.5 standard where the design values exceed the 35 mg/ m3 standard. To determine these areas, the Agency shall use [[Page H3885]] the most recent design values calculated from validated air quality data. The Committees note that these funds are available for emission reduction activities deemed necessary for compliance with national ambient air quality standards and included in a State Implementation Plan submitted to EPA. Not later than the end of fiscal year 2017, EPA should provide a report to the Committees on Appropriations that includes a table showing how fiscal year 2016 and 2017 funds were allocated. The table should also include grant recipients and metrics for anticipated or actual results. Animas River Spill.--The Gold King Mine spill into the Animas River significantly impacted areas in New Mexico, Colorado, Arizona, Utah, and the Navajo Nation. As authorized by P.L. 114-322, the bill provides $4,000,000 for a long-term water quality monitoring program, and EPA is directed to continue to work in consultation with affected States and Tribes on that effort. The Agency is strongly encouraged to follow the requirements detailed in House report 114-632 regarding the temporary water treatment plant and in Senate Report 114-281 regarding reimbursements for State, local and Tribal costs related to the spill. Finally, a recent legal decision has left many stakeholders concerned that they will not be compensated for property damage, business losses, and other negative financial impacts. EPA should further explore all legal and financial recourses that could compensate individuals for such damages and, if available, should ensure that recourses will be extended to individuals located in all areas impacted by the spill in New Mexico, Colorado, Arizona, Utah, and the Navajo Nation. The Agency is required to report to the Committees within 60 days of enactment of this Act on the details and timeline for such efforts, including plans for stakeholder engagement in all areas affected by the spill. Categorical Grants.--The bill provides $1,066,041,000 for Categorical Grants and funding levels are specified in the table at the end of this division. The Agency shall allocate radon grants in fiscal year 2017 following the direction in House Report 114-632. The amount also includes $228,219,000 for the State and Local Air Quality Management grant program, and the Agency is directed to allocate funds for this program using the same formula as fiscal year 2015. The Committees understand the Office of Air and Radiation was able to provide some additional funds to the States in fiscal year 2016 using balances. The Committees encourage the Agency to do the same in fiscal year 2017 and to provide those additional funds to the regions with the highest need. Use of Iron and Steel.--The bill includes language in Title IV General Provisions that stipulates requirements for the use of iron and steel in State Revolving Fund projects, and the agreement includes only the following guidance. The Committees acknowledge that EPA may issue a waiver of said requirements for de minimis amounts of iron and steel building materials. The Committees emphasize that any coating processes that are applied to the external surface of iron and steel components that otherwise qualify under the procurement preference shall not render such products ineligible for the procurement preference regardless of where the coating processes occur, provided that final assembly of the products occurs in the United States. WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT This bill provides an additional $10,000,000 for the WIFIA program. When combined with funds provided under Sec. 197 of P.L. 114-254, the WIFIA program is funded at a total $30,000,000 for fiscal year 2017, which has the ability to be leveraged for a total of $3,049,000,000 in loans. Of the amounts provided in this bill and in P.L. 114-254, EPA may use up to $5,000,000 for administrative expenses to administer the program and issue loans. The Committees note that $2,200,000 had previously been provided in other accounts for staffing and administrative needs in order to establish the program. The agreement concurs with the budget consolidation of those resources into this new account. ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY (INCLUDING TRANSFERS AND RESCISSION OF FUNDS) The bill continues several administrative provisions from previous years. Rescission.--The bill rescinds $61,198,000 of unobligated balances from the State and Tribal Assistance Grants account. The Agency shall calculate the requisite percent reduction necessary to rescind such amounts from new obligational authority and apply it across program areas by formula. The Agency is directed to submit, as part of the operating plan, detail on the application of such rescissions by program project area. TITLE III--RELATED AGENCIES Department of Agriculture FOREST SERVICE Forest Service Directives.--The Forest Service is reminded of the importance of the directives included in House Report 114-632 and Senate Report 114-281 not addressed herein, as well as the new directives in this statement, including the front matter. The Service is expected to provide the research report, as required by the House report, within 30 days of enactment of this Act. Forest Service Accounting, Budgeting, and Management.--The agreement includes bill language and directives to increase transparency and confidence in the Service's management of its programs and activities. The agreement includes a new administrative provision requiring the Service to report within 30 days after the close of each quarter, through the Office of Budget and Program Analysis, its current and prior year unobligated balances to the House and Senate Committees on Appropriations. The Service is directed to provide this report for all mandatory and discretionary funds, including receipts and permanent appropriations, as well as funds subject to notification requirements and transfers of unobligated balances. Although the agreement does not include reprogramming guidelines in bill language, as proposed by the House, the Committees expect the Service to follow the letter and spirit of the reprogramming requirements in this explanatory statement and direct the Service to submit requests through the Office of Budget and Program Analysis. The agreement assigns fiscal-year limits to certain Forest Service accounts. This modification will require funds to be tracked by year, budget line item, and account, and encourage the Service to expeditiously award contracts, settle reimbursable agreements, and conduct forest management activities. The agreement also establishes a non-recurring expenses account that will allow certain unobligated funds to be captured and used for fuel reduction and post-fire rehabilitation purposes. The Committees believe that fiscal- year limits will not impede the Service's ability to effectively fight wildfire or meet wildfire obligations relating to agreements with Federal, State, or other partners. To further support the Service's efforts in centralizing and standardizing budgeting and accounting practices among the Regions and program offices, the Service is directed to improve and better manage its procurement and financial management processes to ensure funds are spent in an appropriate and timely manner. The Service should also make certain that sufficient internal controls are in place to ensure that unliquidated obligations are consistently and systematically evaluated for validity, and that unliquidated obligations found unnecessary are promptly adjusted to make funds available for authorized purposes. According to the information provided as required by Senate Reports 114-82 and 114-70, the Service has significantly higher costs of printing for public distribution compared to other Department of Agriculture agencies. The Service is directed to update the information provided in the report to the Committees within 30 days of enactment of this Act, and to significantly reduce its printing expenditures. FOREST AND RANGELAND RESEARCH The agreement provides $288,514,000 for Forest and Rangeland Research, including $77,000,000 for Forest Inventory and Analysis. Forest Products Laboratory.--Of the funds available to the Forest Products Laboratory, no less than $1,000,000 is to sustain funding with existing academic partners focused on research and technology development to create new and expanded markets and to advance high-value, high-volume wood markets from restorative actions on the Nation's public and private forests. Joint Fire Science Research.--The agreement accepts the proposal to shift the Joint Fire Science Research program into the Forest and Rangeland Research account and provides no less than $3,000,000 for the program. Forest Research Priorities.--The Committees are concerned that the research program is not well aligned with the needs of the National Forest System. When assessing the value of new proposals, significant weight should be given to projects whose findings could be incorporated into management and decision-making. STATE AND PRIVATE FORESTRY (INCLUDING RESCISSION OF FUNDS) The agreement provides $216,921,000 for State and Private Forestry. The following directions are also provided: Federal and Cooperative Lands.--The Committees understand the Service has obligated $5,000,000 in prior year balances to address the forest health crisis in Region 5. Forest Legacy.--The bill provides $62,347,000 for the Forest Legacy program. This includes $6,400,000 for program administration and $55,947,000 for projects. The Service should fund projects in priority order according to the competitively selected national priority list submitted by the Forest Service as part of its fiscal year 2017 budget request. In lieu of the direction included in the House report, the Committees expect the Forest Service to prudently track unobligated and deobligated balances and to provide the Committees with prompt notification of such changes to avoid accumulating large balances within the Forest Legacy account. The Committees include a rescission of $12,002,000 in Forest Legacy funds. This funding rescission is from cost savings of some projects and funds returned from failed or partially failed projects. NATIONAL FOREST SYSTEM (INCLUDING TRANSFERS OF FUNDS) The agreement provides $1,513,318,000 for the National Forest System. The following directions are also provided: The agreement accepts the proposal to consolidate the Land Management Planning and Inventory and Monitoring accounts into a Land Management Planning, Assessment, and Monitoring account. Integrated Resource Restoration (IRR).--The agreement continues the IRR pilot in Regions 1, 3, and 4, as proposed by the Senate. [[Page H3886]] The Service is directed to require standardized, integrated planning and budgeting for all of its programs, projects, and activities in order to improve priority-setting and cooperation, and to continue to improve its integrated performance measures. Rangeland Management.--The Service is directed, to the greatest extent practicable, to make vacant grazing allotments available to a holder of a grazing permit or lease when lands covered by the holder of the permit or lease are unusable because of drought or wildfire. Forest Products.--The additional funds provided for forest products are directed to be used to build the timber program capacity by facilitating the necessary planning work and the hiring and training of timber management personnel to deliver increased volume levels. Forest Product Outputs.--The Service is directed to include information on the amount of firewood removed for personal use in its reports on the forest products program. Recreation, Heritage and Wilderness.--The agreement provides $264,595,000 for recreation, heritage and wilderness. Of the funds provided for recreation management, $750,000 shall be for the maintenance of rural airstrips. Minerals and Geology Management.--The Committees understand that the Service has obligated $5,500,000 in prior year balances to address the Service's cleanup liabilities, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, associated with historic uranium mining at the Ross-Adams Mine Site on Bokan Mountain. Bighorn and Domestic Sheep.--The Committees direct the Forest Service to continue the quantitative, science-based analyses of the risk of disease transmission between domestic and bighorn sheep required in the fiscal year 2016 explanatory statement. CAPITAL IMPROVEMENT AND MAINTENANCE (INCLUDING TRANSFER OF FUNDS) The agreement provides $364,014,000 for Capital Improvement and Maintenance programs offset by a $16,000,000 scoring credit related to the road and trail fund. LAND ACQUISITION The agreement provides $54,415,000 for Land Acquisition. The amounts recommended by this bill compared with the budget estimates by activity and project are shown in the table below, listed in priority order pursuant to the budget request for fiscal year 2017. The Committees have provided additional funding for the updated appraisal of projects, as requested, for the fiscal year 2017 project list. The Service is expected to use the Critical Inholdings/Wilderness account to acquire high priority lands, such as wilderness and lands of significant value in designated conservation units, to consolidate Federal ownership. Further instructions are contained under the Land and Water Conservation Fund heading in the front of this explanatory statement. The Committees continue to encourage the Forest Service to explore all funding avenues to resolve the long-standing management challenges related to school trust lands within the Boundary Waters Canoe Area in Superior National Forest. ---------------------------------------------------------------------------------------------------------------- State Project Forest Units Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- ID.......................... High Divide.... Sawtooth NRA... $2,800,000 $2,800,000 ID.......................... High Divide.... Caribou-Targhee 330,000 330,000 WY.......................... Greater Bridger-Teton.. 2,850,000 2,850,000 Yellowstone Area. CA.......................... Sierra Nevada Eldorado/Tahoe. 1,200,000 1,200,000 Checkerboard. CA.......................... National Trails Pacific Crest 4,905,000 4,905,000 NST. MN.......................... Minnesota Superior....... 3,500,000 3,500,000 Northwoods. FL.......................... FL/GA Longleaf Osceola........ 3,850,000 3,850,000 Pine. MT.......................... Swan Valley.... Flathead....... 4,000,000 4,000,000 IN.......................... Hoosier Upland Hoosier........ 1,600,000 1,600,000 Treasures. AK.......................... Cube Cove...... Tongass........ 4,000,000 4,000,000 VA.......................... Southern Blue George 2,280,000 2,280,000 Ridge. Washington and Jefferson. TN.......................... Southern Blue Cherokee....... 3,400,000 3,400,000 Ridge. NC.......................... Southern Blue Pisgah......... 1,850,000 1,850,000 Ridge. NC.......................... North Uwharrie....... 360,000 360,000 Carolina's Threatened Treasures. SC.......................... South Carolina Francis Marion. 1,600,000 1,600,000 Coastal Legacy. Additional ............... 11,178,000 888,000 Project Requests and Updated Appraisals. Subtotal, ............... 49,703,000 39,413,000 Acquisitions. Acquisition ............... 8,500,000 7,552,000 Management. Cash ............... 750,000 750,000 Equalization. Recreational ............... 4,700,000 4,700,000 Access. Critical ............... 2,000,000 2,000,000 Inholdings/ Wilderness. Total, FS Land 65,653,000 54,415,000 Acquisition. ---------------------------------------------------------------------------------------------------------------- =========================== NOTE =========================== May 3, 2017, on page H3886, numerous typographical errors appeared in tabular material. printed under the heading ``Land Acquisition.'' The online version has been corrected to read as shown below. ========================= END NOTE ========================= ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS The agreement provides $950,000 for the Acquisition of Lands for National Forests Special Acts. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES The agreement provides $216,000 for the Acquisition of Lands to Complete Land Exchanges. RANGE BETTERMENT FUND The agreement provides $2,320,000 for the Range Betterment Fund. GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH The agreement provides $45,000 for Gifts, Donations and Bequests for Forest and Rangeland Research. MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES The agreement provides $2,500,000 for the Management of National Forest Lands for Subsistence Uses. WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) The agreement provides a total of $2,833,415,000 for Forest Service Wildland Fire Management. Of the funds provided, $1,248,000,000 is for suppression operations. The bill fully funds wildland fire suppression at the 10-year average.-- The detailed allocation of funding for these accounts is included in the table at the end of this explanatory statement. Hazardous Fuels Management.--The agreement provides $390,000,000 for hazardous fuels management activities, which is $15,000,000 above the fiscal year 2016 enacted level. Within this amount, $15,000,000 is for biomass utilization grants. FLAME WILDFIRE SUPPRESSION RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) The agreement provides $342,000,000 for the FLAME Wildfire Suppression Reserve Fund, which is designated as emergency spending. DEPARTMENT OF HEALTH AND HUMAN SERVICES INDIAN HEALTH SERVICE INDIAN HEALTH SERVICES The agreement provides $3,694,462,000 for Indian Health Services. In addition to the funding allocation table at the end of this explanatory statement, the agreement includes specified fixed costs and transfers, as well as the following instructions and program changes to fiscal year 2016 enacted levels. The Service is also reminded of the guidance and reporting requirements contained in House Report 114-632 and Senate Report 114-281 that should be complied with unless specifically addressed to the contrary herein, as explained in the front matter of this explanatory statement. Current Services.--The agreement includes $50,269,000 to partially maintain current levels of service, of which $13,164,000 is for pay costs and $37,105,000 is for inflation. Except as otherwise provided, the agreement includes an increase equal to 50 percent of pay and inflation costs requested in the fiscal year 2017 President's Budget for each program to cover the balance of the fiscal year remaining. Staffing for New Facilities.--The agreement includes $14,323,000 for staffing newly opened health facilities, which is the full amount based upon updated estimates provided to the Committees. Funds for the staffing of new facilities are limited to facilities funded through the Health Care Facilities Construction Priority System or the Joint Venture Construction Program that have opened in fiscal year 2016 or will open in fiscal year 2017. None of these funds may be allocated to a facility until such facility has achieved beneficial occupancy status. Accreditation Emergencies.--The Committees consider the loss or potential loss of a Medicare or Medicaid agreement with the Centers for Medicare and Medicaid Services (CMS) at any facility to be an accreditation emergency. The agreement includes a total of $29,000,000 for accreditation emergencies at an alarming number of facilities over the past year. Funds may be used for personnel or other expenses essential for sustaining operations of an affected service unit, including but not to exceed $4,000,000 for Purchased/Referred Care. These are not intended to be recurring base funds. The Director should reallocate the funds annually as necessary to ensure that agreements with CMS are reinstated, and to restore third-party collection shortfalls. Shortfalls should be calculated as described in the House report. Hospitals and Health Clinics.--The agreement includes: $4,000,000 as requested for domestic violence prevention; a total of $11,000,000 for operations and maintenance of tribally leased clinics, of which $2,000,000 is transferred from Direct Operations; $1,000,000 for prescription drug monitoring as described in the House report; and $29,000,000 for accreditation emergencies as discussed above, of which $2,000,000 is transferred from Direct Operations, as requested. Dental Health.--The agreement includes $3,914,000 for current services and a transfer of $800,000 to Direct Operations in order to [[Page H3887]] backfill vacant dental health positions in headquarters. The Service is urged to establish a centralized credentialing system. Mental Health.--The agreement includes $6,946,000 for behavioral health integration and $3,600,000 for the zero suicide initiative. Alcohol and Substance Abuse.--The agreement includes: $6,500,000 for the Generation Indigenous initiative; $1,800,000 for the youth pilot project; and $2,000,000 to fund essential detoxification and related services provided by the Service's public and private partners to IHS beneficiaries. The Committees are aware that the community of Gallup, N.M., continues to face significant demand for substance abuse treatment, residential services and detoxification services to address an ongoing crisis of alcohol-related deaths of Tribal members, and continues to depend on the non- profit Na' Nizhoozhi Center to provide an important safety net to help prevent these deaths. Consistent with the guidance in Senate Report 114-281, the Committees expect the Service to use funds provided in this Act to continue its partnership with the Center and to work with the Center and other Federal, State, local, and Tribal partners to develop a sustainable model for the Center to enhance its clinical capacity. Purchased/Referred Care.--The agreement includes $14,691,000 for current services. The agreement does not include the directive in the House report regarding the allocation of funds. Immunization.--The agreement includes $91,000 for current services. Urban Indian Health.--The agreement includes $1,800,000 for current services and a $1,137,000 program increase. Indian Health Professions.--The agreement includes a $500,000 program increase. The agreement does not include the House report language pertaining to the definition of health profession; instead the Service is urged to consider making health administrators a higher priority for loan repayments, in consultation with Tribes. Direct Operations.--The agreement includes $1,282,000 for current services, and transfers as discussed above. Governing Board.--The agreement does not include the House provision authorizing a pilot program for an alternate governing board model at direct service facilities. The accreditation crisis in the Great Plains and the subsequent House provision have highlighted the need for IHS facilities to be significantly more inclusive of Tribes in the decision- making process. The Committees are encouraged by the IHS's own recent initiative to reform its governing boards, but reforms are limited under existing statutes. The Committees are aware that the authorizing committees of jurisdiction are examining this issue and support these efforts to improve the communication and collaboration between the IHS and Tribes at direct service facilities. CONTRACT SUPPORT COSTS The bill provides an indefinite appropriation for contract support costs, consistent with fiscal year 2016 and estimated to be $800,000,000. INDIAN HEALTH FACILITIES The agreement provides $545,424,000 for Indian Health Facilities. In addition to the funding allocation table at the end of this explanatory statement, the agreement includes the following details and changes relative to fiscal year 2016 enacted levels: Current Services.--The agreement includes $9,274,000 to partially maintain current levels of service, of which $1,220,000 is for pay costs and $8,054,000 is for inflation. Except as otherwise provided, the agreement includes an increase equal to 50 percent of pay and inflation costs requested in the fiscal year 2017 President's Budget for each program to cover the balance of the fiscal year remaining. Staffing for New Facilities.--The agreement includes $1,659,000 for staffing newly opened health facilities, which is the full amount based upon updated estimates provided to the Committees. The stipulations included in the ``Indian Health Services'' account regarding the allocation of funds pertain to this account as well. Maintenance and Improvement.--The agreement fully funds inflation costs and provides a program increase of $259,000 to reduce the maintenance backlog. Sanitation Facilities.--The agreement fully funds inflation costs. Health Care Facilities Construction.--The agreement includes $6,000,000 for quarters and $5,000,000 for small ambulatory facilities. The committees encourage the Service to give strong consideration to utilizing the new resources provided for the small ambulatory clinic program to assist with infrastructure improvements at remote sites such as Gambell and Savoonga on St. Lawrence Island, Alaska. The Committees remain dedicated to providing access to health care for IHS patients across the system. The IHS is expected to aggressively work down the current Health Facilities Construction Priority System list, as well as work with the Department and Tribes to examine alternative financing arrangements and meritorious regional demonstration projects authorized under the Indian Health Care Improvement Act that that would effectively close the service gap. Within 60 days of enactment of this Act, the Service shall submit a spending plan to the Committees that details the project- level distribution of funds provided for healthcare facilities construction. The IHS has no defined benefit package and is not designed to be comparable to the private sector health care system. IHS does not provide the same health services in each area. Health services provided to a community depend upon the facilities and services available in the local area, the facilities' financial and personnel resources (42 CFR 136.11 (c)), and the needs of the service population. In order to determine whether IHS patients across the system have comparable access to healthcare, the IHS is directed to conduct and publish a gap analysis of the locations and capacities of patient health facilities relative to the IHS user population. The analysis should include: facilities within the IHS system, including facilities on the Health Facilities Construction Priority System list and the Joint Venture Construction Program list; and where possible facilities within private or other Federal health systems for which arrangements with IHS exist, or should exist, to see IHS patients. NATIONAL INSTITUTES OF HEALTH NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES The agreement provides $77,349,000 for the National Institute of Environmental Health Sciences. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH The agreement provides $74,691,000 for the Agency for Toxic Substances and Disease Registry. Other Related Agencies EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY The agreement provides $3,000,000 for the Council on Environmental Quality and Office of Environmental Quality. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD SALARIES AND EXPENSES The agreement provides $11,000,000 for the Chemical Safety and Hazard Investigation Board and includes the direction in the House report that funding has not been provided for organizing an annual symposium. The Board is directed to develop internal guidance over its annual budget process and provide it to the Committees within 90 days of enactment of this Act. Additionally, the Board is directed to provide a report and briefing to the Committees dealing with the scope of and justification for a study on land use and facility siting prior to expending any funds on the study. The Committees remind the Board they are to avoid any communication with outside groups that would jeopardize their impartiality.-- The Committees continue to closely monitor Inspector General reports on Board activities and expect expeditious implementation of any recommendations on internal controls, governance, operations, and management challenges. The Board should focus on its statutory jurisdiction and refrain from conducting official business over personal email. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The agreement provides $15,431,000 for the Office of Navajo and Hopi Indian Relocation, as requested. The Committees have directed the Office to begin to communicate with Congress, the affected Tribes, and the Department of the Interior about what will be required to ensure relocation benefits and necessary support services are provided in accordance with the specifications in Public Law 93-531 and to initiate closure of the Office. The Committees request continuation of the quarterly reports and a comprehensive plan for closing the Office, as outlined in the House report. The comprehensive plan is to be submitted with the fiscal year 2018 budget request. Legal analysis on whether any enacting legislation is required to transfer or maintain any identified functions to another agency or organization should also be included. The Office should be transparent about the path forward and should actively consult with all affected parties and agencies. INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT PAYMENT TO THE INSTITUTE The bill provides $15,212,000 for the Institute of American Indian Arts. The increase provided shall be used to complete the Institute's transition to forward funding during fiscal year 2017. Amounts provided for fiscal year 2017 shall be supplemented by $2,000,000 in prior-year carryover funds, for a total operating level of $9,835,000. Requested increases for fixed costs and academic program requirements are included within the agreement. SMITHSONIAN INSTITUTION SALARIES AND EXPENSES The agreement provides a total of $863,347,000 for all Smithsonian Institution accounts, of which $729,444,000 is provided for salaries and expenses. The Committees maintain their longstanding commitment to the preservation of priceless, irreplaceable Smithsonian collections and have provided funds as requested for collections care and preservation. The recommendation provides sufficient funds for staffing and maintenance needs at the National Museum of African [[Page H3888]] American History and Culture in 2017. The Committees have provided funds, as requested, to address security needs at the Smithsonian's highest risk facilities. The Committees provide funds as requested for the Institution's Latino initiatives and support the Smithsonian Latino Center's goal of promoting the inclusion of Latino contributions in Smithsonian Institution programs, exhibitions, collections, and public outreach. The Committees continue to urge collaboration between the Smithsonian Latino Center and appropriate Federal and local organizations in order to advance these goals and expand the American Latino presence at the Institution. Further, the Committees provide funds as requested for the Institution's Asian Pacific American initiatives and continue to support the Institution's efforts of developing programs and expanding outreach to promote a better understanding of the Asian Pacific American experience. The Committees also include funds as requested for the preservation of cultural heritage affected by natural and manmade disasters in the United States and around the world. The recommendation supplements funding from other government partners and leverages support for cultural recovery efforts from numerous private sources. FACILITIES CAPITAL The agreement provides $133,903,000 for the Facilities Capital account. The recommendation includes funding for the construction of the Dulles Storage Module at the National Air and Space Museum's Udvar-Hazy Center. National Air and Space Museum Revitalization. The Committees recognize the critical need to replace the facade and the internal building systems of the National Air and Space Museum on the National Mall.-- However, the Committees are also deeply concerned that the multi-year cost estimates for the revitalization project in future fiscal years are approaching $700 million, an amount nearly five times the size of the Institution's entire annual construction budget. Given the scale of the project and its potential impact on other critical funding priorities in this Act, it is imperative that the Institution make available to the Committees on a timely basis the most updated and comprehensive information on project requirements. It is essential that the Committees have sufficient, reliable information about specific funding requirements and any additional costs that may arise in future fiscal years. Therefore, no later than 90 days after enactment of this Act, the Institution is directed to provide a report to the Committees that outlines the expected scope, scheduling, phasing, and overall projected costs for the project. The Government Accountability Office is also directed to review and analyze the Institution's cost estimates and report to the Committees on whether these estimates are comprehensive, accurate, and credible. The Institution is directed to submit to the House and Senate Committees on Appropriations, within 60 days of enactment of this Act, a detailed list and description of projects funded within the Facilities Capital account. NATIONAL GALLERY OF ART SALARIES AND EXPENSES The agreement provides $132,961,000 for the Salaries and Expenses account of the National Gallery of Art, of which not to exceed $3,620,000 is for the special exhibition program. REPAIR, RESTORATION AND RENOVATION OF BUILDINGS The agreement provides $22,564,000 for the Repair, Restoration, and Renovation of Buildings account, which will allow critical fire protection and life safety improvements to continue. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS OPERATIONS AND MAINTENANCE The agreement provides $22,260,000 for the Operations and Maintenance account. CAPITAL REPAIR AND RESTORATION The agreement provides $14,140,000 for the Capital Repair and Restoration account. WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS SALARIES AND EXPENSES The agreement provides $10,500,000 for the Woodrow Wilson International Center for Scholars. NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GRANTS AND ADMINISTRATION The agreement provides $149,849,000 for the National Endowment for the Arts (NEA). The Committees commend the NEA for its work through its Healing Arts Partnership program with Walter Reed National Military Medical Center, Fort Belvoir Community Hospital, and the new clinical sites included in the initiative to incorporate arts therapy into the treatment of active-duty military patients and their families. The Committees continue to support the expansion of this successful program to assist service members and their families in their recovery, reintegration, and transition to civilian life. The Committees also urge State arts agencies, which have a longstanding collaborative relationship with the NEA, to explore providing arts therapy programs to service members and their families at the local level. The Committees direct that priority be given to providing services and grant funding for projects, productions, or programs that encourage public knowledge, education, understanding, and appreciation of the arts. The Committees maintain support for the 40 percent allocation for State arts agencies as proposed in the NEA's budget. Any reduction in support to the States for arts education should be no more than proportional to other funding decreases taken in other NEA programs. NATIONAL ENDOWMENT FOR THE HUMANITIES GRANTS AND ADMINISTRATION The agreement provides $149,848,000 for the National Endowment for the Humanities (NEH). The Committees commend the NEH for its support of grant programs to benefit wounded warriors and to ensure educational opportunities for American heroes transitioning to civilian life. The Committees commend the NEH for its ongoing support to American Indian and Alaska Native communities in preserving their cultural and linguistic heritage through the Documenting Endangered Languages program and a variety of preservation and access grants that enable American Indian and Alaska Native communities to preserve cultural artifacts and make them broadly accessible. The Committees also commend the NEH Federal/State partnership for its ongoing, successful collaboration with State humanities councils in each of the 50 States as well as Washington, DC, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. The Committees urge the NEH to provide program funding to support the critical work of State humanities councils consistent with guidance provided in the Consolidated Appropriations Act, 2016 (P.L. 114-113). COMMISSION OF FINE ARTS SALARIES AND EXPENSES The agreement provides $2,762,000 for the Commission of Fine Arts. NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS The agreement provides $2,000,000 for the National Capital Arts and Cultural Affairs program. Grant funds provided should be distributed consistent with the established formula and eligibility requirements used in fiscal year 2016. ADVISORY COUNCIL ON HISTORIC PRESERVATION SALARIES AND EXPENSES The agreement provides $6,493,000 for the Advisory Council on Historic Preservation. NATIONAL CAPITAL PLANNING COMMISSION SALARIES AND EXPENSES The agreement provides $8,099,000 for the National Capital Planning Commission. UNITED STATES HOLOCAUST MEMORIAL MUSEUM HOLOCAUST MEMORIAL MUSEUM The agreement provides $57,000,000 for the United States Holocaust Memorial Museum. DWIGHT D. EISENHOWER MEMORIAL COMMISSION SALARIES AND EXPENSES The agreement provides $1,600,000 for the Salaries and Expenses account. The Committees support the construction of a permanent memorial to Dwight D. Eisenhower and are pleased that concerns over the memorial's design have now been addressed. It is the Committees' expectation that, following necessary approvals from the Commission of Fine Arts and the National Capital Planning Commission, the Commission will use prior-year unobligated construction funds to begin site preparation in anticipation of memorial construction commencing in 2017. The agreement includes in Section 419 of Title IV General Provisions bill language extending the memorial's site authority. CAPITAL CONSTRUCTION The agreement provides $45,000,000 for the Capital Construction account. WOMEN'S SUFFRAGE CENTENNIAL COMMISSION The agreement includes $2,000,000 to establish the Women's Suffrage Centennial Commission as authorized in this Act. The Commission shall plan, execute, and coordinate programs and activities in honor of the 100th anniversary of the passage and ratification of the Nineteenth Amendment to the U.S. Constitution, which guaranteed women the right to vote. TITLE IV--GENERAL PROVISIONS (INCLUDING TRANSFERS OF FUNDS) The agreement includes various legislative provisions in Title IV of the bill. The provisions are: Section 401 continues a provision providing that appropriations available in the bill shall not be used to produce literature or otherwise promote public support of a legislative proposal on which legislative action is not complete. Section 402 continues a provision providing for annual appropriations unless expressly provided otherwise in this Act. Section 403 continues a provision providing restrictions on departmental assessments unless approved by the Committees on Appropriations. Section 404 continues a limitation on accepting and processing applications for patents and on the patenting of Federal lands. Section 405 continues a provision regarding the payment of contract support costs. Section 406 addresses the payment of contract support costs for fiscal year 2017. Section 407 continues a provision providing that the Secretary of Agriculture shall not be considered in violation of certain provisions of the Forest and Rangeland Renewable Resources Planning Act solely because more than 15 years have passed without revision of a forest plan, provided that the Secretary is [[Page H3889]] working in good faith to complete the plan revision. Section 408 continues a provision limiting preleasing, leasing, and related activities within the boundaries of National Monuments. Section 409 restricts funding appropriated for acquisition of land or interests in land from being used for declarations of taking or complaints in condemnation. Section 410 continues a provision addressing timber sales involving Alaska western red and yellow cedar. Section 411 continues a provision which prohibits no-bid contracts. Section 412 continues a provision which requires public disclosure of certain reports. Section 413 continues a provision which delineates the grant guidelines for the National Endowment for the Arts. Section 414 continues a provision which delineates the program priorities for the programs managed by the National Endowment for the Arts. Section 415 requires the Department of the Interior, Environmental Protection Agency, Forest Service and Indian Health Service to provide the Committees on Appropriations quarterly reports on the status of balances of appropriations. Section 416 requires the President to submit a report to the Committees on Appropriations no later than 120 days after submission of the fiscal year 2018 budget request describing Federal agency obligations and expenditures for climate change programs in fiscal years 2016 and 2017. Section 417 continues a provision prohibiting the use of funds to promulgate or implement any regulation requiring the issuance of permits under Title V of the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions. Section 418 continues a provision prohibiting the use of funds to implement any provision in a rule if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. Section 419 extends the site authority relating to the Dwight D. Eisenhower Memorial Commission. Section 420 continues a provision prohibiting the use of funds to regulate the lead content of ammunition or fishing tackle. Section 421 extends certain authorities through fiscal year 2017 allowing the Forest Service to renew grazing permits. Section 422 clarifies the Bureau of Land Management's stewardship contracting authority. Section 423 prohibits the use of funds to maintain or establish a computer network unless such network is designed to block access to pornography websites. Section 424 addresses section 404 of the Federal Water Pollution Control Act. Section 425 sets requirements for the use of American iron and steel for certain loans and grants. Section 426 revises the definition of the National Gallery of Art's buildings and grounds commensurate with the Gallery's geographic boundaries. Section 427 prohibits the use of funds to destroy any building or structures on Midway Island that have been recommended by the U.S. Navy for inclusion in the National Register of Historic Places. Section 428 addresses carbon emissions from forest biomass. Section 429 reauthorizes funding for one year for the John F. Kennedy Center for the Performing Arts. Section 430 addresses a boundary adjustment to the Bob Marshall Wilderness. Section 431 incorporates by reference the Morley Nelson Snake River Birds of Prey National Conservation Area Boundary Modification Act of 2017; the Alaska Mental Health Trust Land Exchange Act of 2017; and the Women's Suffrage Centennial Commission Act. 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