[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]]
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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.
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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.
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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...............................
------------------------------------------------------------------------
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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.
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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]]
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[[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:
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[[Page H3398]]
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[[Page H3399]]
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[[Page H3400]]
MILITARY PERSONNEL, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
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[[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]]
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[[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:
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[[Page H3410]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.013
[[Page H3411]]
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[[Page H3412]]
RESERVE PERSONNEL, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
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[[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:
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[[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]]
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[[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]]
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[[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]]
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[[Page H3434]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.029
[[Page H3435]]
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[[Page H3436]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.031
[[Page H3437]]
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[[Page H3438]]
OPERATION AND MAINTENANCE, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
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[[Page H3440]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.034
[[Page H3441]]
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[[Page H3442]]
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[[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:
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[[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:
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[[Page H3451]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.043
[[Page H3452]]
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[[Page H3453]]
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[[Page H3454]]
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[[Page H3455]]
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement on items addressed by either the House or the
Senate is as follows:
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[[Page H3457]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.048
[[Page H3458]]
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[[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]]
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[[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]]
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[[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]]
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[[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]]
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[[Page H3623]]
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[[Page H3630]]
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[[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]]
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[[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]]
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[[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:
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OPERATION AND MAINTENANCE
The agreement on items addressed by either the House or the
Senate is as follows:
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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:
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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:
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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:
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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:
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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:
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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:
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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.
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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:
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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:
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[[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:
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[[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:
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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:
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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 [email protected] 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.
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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:
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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.
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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.
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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
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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.
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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
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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.''
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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
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available for DHS for fiscal year 2017.
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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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