[Congressional Record Volume 164, Number 50 (Thursday, March 22, 2018)] [House] [Pages H2697-H2901] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] [[Page H2697]] House of Representatives EXPLANATORY STATEMENT SUBMITTED BY MR. FRELINGHUYSEN, CHAIRMAN OF THE HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO SENATE AMENDMENT ON H.R. 1625 The following is an explanation of the Consolidated Appropriations Act, 2018. ______ DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 In implementing this agreement, the Departments and agencies should be guided by the language and instructions set forth in House Report 115-244 and Senate Report 115-150. In either such report, any reference to the fiscal year 2019 budget request or congressional justification shall be applied to the fiscal year 2020 Justification of Estimates for the Committees on Appropriations. Where the explanatory statement speaks to an issue that was addressed in the House or Senate reports, the explanatory statement should supersede the language in the House or Senate reports. In cases where the House Report and the Senate Report address a particular issue not specifically cited in the explanatory statement, the House Report and the Senate Report should be complied with and carry the same emphasis as the language included in the explanatory statement. In providing the operating plan required by section 516 of this Act, the Departments and agencies funded in this Act are directed to include all programs, projects, and activities, including those in House Report 115-244, Senate Report 115-150, and this explanatory statement. All such programs, projects, and activities are subject to the provisions of this Act. Each department and agency funded in this Act shall follow the directions set forth in this Act and the accompanying statement, and shall not reallocate resources or reorganize activities except as provided herein. Funds for individual programs and activities are displayed in the detailed table at the end of the explanatory statement for this division. Funding levels that are not displayed in the detailed table are identified within this explanatory statement. Any action to eliminate or consolidate programs, projects, and activities should be pursued through a proposal in the President's Budget so it can be considered by the Committees on Appropriations of the House of Representatives and the Senate. Congressional Reports.--Each Department and agency is directed to provide the Committees on Appropriations of the House of Representatives and the Senate, within 30 days of enactment of this Act and quarterly thereafter, a summary describing each requested report to the Committees on Appropriations along with its status. TITLE I DEPARTMENT OF LABOR Employment and Training Administration Training and Employment Services Apprenticeship Grants.--The agreement includes $145,000,000 to support Apprenticeship Grants, an increase of $50,000,000 above fiscal year 2017, to expand support for the apprenticeship program that the was created in fiscal year 2016. The Department is directed to submit a report to the Committees on Appropriations of the House of Representatives and the Senate providing detail on entities awarded funding, selection criteria used, and the funding amount for each grant or contract awarded at the time such awards are made. Not later than September 30, 2018, the Department shall provide the Committees on Appropriations a detailed spend plan of anticipated uses of funds made available, including estimated administrative costs. Job Corps The Department has taken steps over the past several years to close selected Job Corps centers based on performance metrics and other factors. The Department is urged to utilize any savings realized by such center closures within the year to enhance instruction, technology, course offerings, and safety at other centers, and conduct additional activities that improve program quality for participants. The Department should also support and incentivize center operators to build and enhance partnerships between centers and other training sites to enhance opportunity and work experiences for students in underserved rural or remote communities as well as in urban settings. Such partnerships should use student- focused industry-backed curricula, prepare students for employment in high-demand fields, offer students the opportunity to take coursework leading to college credit, and demonstrate strong employer partnerships within the region in which the center is located. State Unemployment Insurance and Employment Service Operations The agreement includes $9,000,000 for the UI Center of Excellence (Center), an increase of $3,500,000 above the fiscal year 2017 level. The agreement directs that $6,000,000 be provided for the benefit of States to the entity operating the Center. The Department is directed to focus increased funding on proven strategies and continue to test innovative approaches to reducing improper payments in the UI system. The Center is encouraged to continue its work to address improper payments in the UI programs and, with the support of the Department of Labor, to strongly urge States to adopt best practices to identify and prevent improper payments before they occur. Office of Federal Contract Compliance Programs The agreement includes $103,476,000 for the Office of Federal Contract Compliance Programs (OFCCP) and directs the Department to maintain all responsibilities and functions of the OFCCP at the Department of Labor. No funds are provided in this agreement to undertake any activities to prepare for or facilitate the transfer of OFCCP's functions to another Federal agency. Occupational Safety and Health Administration (OSHA) The agreement includes a new capacity-building set-aside within the Susan Harwood training grant program. OSHA is directed to work with grantees under this subsection of the program to develop and implement a plan to achieve self- sufficiency as required by the cited, previous application notice. Nothing in this provision should be construed to prohibit periodic recompetition of grants. Departmental Management The Department is directed to submit a report to the Committees on Appropriations of the House of Representatives and the Senate upon closing of the Treasure Island sale. The report should provide detail on the terms of the transaction including, but not limited to, the exchange of land for construction, the buildings and facilities to be constructed for the benefit of the Treasure Island Job Corps Center, and any residual exchange of funds or services to be rendered as part of the final agreement. The report should also state the [[Page H2698]] total amount of funding, if any, that was transferred to Job Corps to be used for future operations as authorized. Technical Assistance.--The Committees on Appropriations of the House of Representatives and the Senate (Committees) have long relied on the budget office at the Department to facilitate requests for legal and technical information that is not covered by a legitimate claim of privilege. The agreement expects that all technical assistance requests be dealt with in a manner that is consistent with past precedent, including timely answers that respond to any specific inquiries related to obligation and expenditures of appropriations. In addition, the Department is directed to provide the Committees with the number of full time equivalent employees by principal office and appropriations account not later than 30 days after the end of each quarter. Veterans Employment and Training The agreement includes new language authorizing the collection and use of fees for the Honoring Investments in Recruiting and Employing (HIRE) Vets Medallion Award program as intended by the Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 (HIRE Vets Act). General Provisions The agreement modifies a provision related to the Secretary's transfer authority. The agreement modifies a provision related to the rescission of funds. The agreement includes a new provision related to excess property. The agreement includes a new provision related to the use of IT funds by a consortia of States. The agreement includes a new provision related to the HIRE Vets Medallion Award program. The agreement includes a new provision related to Job Corps property. The agreement includes a new provision related to the Secretary's security detail. TITLE II DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration primary health care Of the available funding for fiscal year 2018, bill language directs that not less than $200,000,000 shall be for making supplemental awards to improve the quality of care under section 330(d) of the Public Health Service Act to expand and improve access to quality mental health and substance use disorder prevention and treatment services nationwide. The agreement supports funding for technical assistance available for health centers through National and State cooperative agreements and grants. These resources are critical to the successful operation of the Health Centers program, and ensure Federal funds invested in care delivery are fully utilized and effectively deployed. The agreement supports enhanced technical assistance and training activities provided through primary care associations and National cooperative organizations, and ongoing support for health center-controlled networks. Native Hawaiian Health Care.--The agreement provides not less than $17,500,000 for the Native Hawaiian Health Care Program. health workforce Advanced Education Nursing. The agreement provides an increase of $8,000,000 to award grants for the clinical training of sexual assault nurse examiners to administer medical forensic examinations and treatments to victims of sexual assault in hospitals, health centers, and other emergency health care service provider settings referenced in Senate Report 115-150. Behavioral Health Workforce Education and Training.--The agreement provides an increase of $25,000,000 to expand the mental health and substance abuse workforce, including, but not limited to, master's level social workers, psychologists, counselors, marriage and family therapists, psychiatric mental health nurse practitioners, occupational therapists, psychology doctoral interns, and behavioral health paraprofessionals. Mental and Behavioral Health Education Training.--The agreement provides an increase of $27,000,000 to recruit and train professionals and faculty in the fields of social work, psychology, psychiatry, marriage and family therapy, substance abuse prevention and treatment, and other areas of mental and behavioral health. National Health Service Corps.--The agreement provides an increase of $105,000,000 to expand and improve access to quality opioid and substance use disorder treatment in rural and underserved areas nationwide. The agreement expands eligibility for loan repayment awards through the National Health Service Corps to include substance use disorder counselors, which will support the recruitment and retention of health professionals needed in underserved areas to provide evidence-based substance abuse treatment and prevent overdose deaths. Of the amount provided, the agreement directs that $30,000,000 shall be available for the new Rural Communities Opioid Response initiative within the Office of Rural Health. Nursing Workforce Development.--The agreement recognizes that the Nurse Education, Practice, Quality and Retention Program's Veteran's Bachelor of Science Degree in Nursing has been important to helping our Nation's veterans progress and graduate with a degree. The agreement supports this effort and directs HRSA to continue to fund this program in fiscal year 2018. The agreement also directs HRSA to ensure that nothing would prevent current grantees from applying to a re- competition. Oral Health Training.--The agreement includes not less than $10,000,000 for General Dentistry Programs and not less than $10,000,000 for Pediatric Dentistry Programs. The agreement includes not less than $2,000,000 for the Dental Faculty Loan Repayment Program authorized under section 748 of the Public Health Service Act. For the Dental Faculty Loan Repayment Program, the agreement directs HRSA to provide continuation funding for grants initially awarded in fiscal years 2016 and 2017, and issue a new funding opportunity announcement with the new funding. Primary Care Training and Enhancement.--The agreement directs HRSA to ensure that not less than 15 percent of funds provided for this program are used to support training of physician assistants. The agreement also urges the integration of evidence-based trainings for health professionals to screen, access, intervene, and refer patients to specialized treatment for the severe mental illness of eating disorders as authorized under section 13006 of the 21st Century Cures Act (P.L. 114-255). maternal and child health Autism and Other Developmental Disorders.--The agreement provides $49,099,000 for the Autism and Other Developmental Disorders program and directs not less than $32,000,000 for the Leadership Education in Neurodevelopmental and Related Disabilities (LEND) program. The increase will help the LEND program initiate or expand work in the area of interdisciplinary leadership training to meet the needs of children with Autism Spectrum Disorders and related developmental disabilities. Children's Health and Development.--The agreement provides $3,500,000 within Special Projects of Regional and National Significance (SPRANS) for the HRSA funded study focused on improving child health through a statewide system of early childhood developmental screenings and interventions. This funding shall be used to extend the currently funded project for another year. Heritable Disorders Program.--The agreement provides $15,883,000 for the Heritable Disorders Program, of which $2,000,000 is provided for newborn screening for Severe Combined Immune Deficiency and related disorders. Infant-Toddler Court Teams.--The agreement includes $3,000,000 within the total provided for SPRANS for a contract or cooperative agreement to provide ongoing training and technical assistance, implementation support, and evaluation research to support research-based Infant-Toddler Court Teams. These efforts shall use the science of early childhood development to build upon the technical assistance and direct support of sites established through the Quality Improvement Center for Research-Based Infant-Toddler Court Teams initiative, integrating courts and community services to strengthen early childhood systems and change child welfare practices to improve infant-toddler wellbeing. Pediatric Mental Health Care Access.--The agreement includes $10,000,000 to expand access to behavioral health services in pediatric primary care by supporting the development of pediatric mental health care telehealth access programs. Prenatal Screening Working Group.--The agreement requests the report described under this heading in House Report 115- 244 within 180 days of enactment of this Act. Screening and Treatment for Maternal Depression.--The agreement provides $5,000,000 for the Screening and Treatment for Maternal Depression program as authorized in section 10005 of the 21st Century Cures Act (Public Law 114-255). HRSA is directed to make grants to States to establish, improve, or maintain programs to train professionals to screen, assess, and treat for maternal depression in women who are pregnant or who have given birth within the preceding 12 months. HEALTH CARE SYSTEMS Hansen's Disease.--The agreement includes $13,706,000 for the National Hansen's Disease program and directs HRSA to continue funding Ambulatory Care Centers by aligning resources with the levels of care that Hansen's disease patients need. Organ Donation.--HRSA is directed to submit a report on organ donation within 180 days of enactment of this Act that satisfies the requirements included in House Report 115-244 and Senate Report 115-150. RURAL HEALTH Black Lung Clinics.--The agreement funds Black Lung Clinics at the fully authorized level of $10,000,000, an increase of $2,734,000 over fiscal year 2017. This funding supports services to assist disabled coal miners with medical, educational, and benefits counseling. Delta States Rural Development Network Grant Program.--The agreement provides an additional $4,000,000 for continuation of the Delta Regional Authority's (DRA) program to help small rural hospitals improve their financial and operational performance. Of this amount, not more than $500,000 shall be for telehealth equipment and financial systems enhancement for participating hospitals. Of this amount, not less than $750,000 [[Page H2699]] shall be dedicated to subcontracts with entities headquartered in the DRA region with expertise in rural hospital finance and telemedicine. Rural Communities Opioids Response.--The agreement provides $100,000,000 for a Rural Communities Opioids Response to support treatment for and prevention of substance use disorder, with a focus on the 220 counties identified by the Centers for Disease Control and Prevention as being at risk, and other rural communities at the highest risk for substance use disorder. This initiative would include improving access to and recruitment of new substance use disorder providers; building sustainable treatment resources, increasing use of telehealth; establishing cross-sector community partnerships, and implementing new models of care, including integrated behavioral health; and technical assistance. HRSA may also use funds for loan repayment through the National Health Service Corps. Activities should incorporate robust evidence- based interventions or promising practice models in community education and workforce training, capacity building and sustainability strategies and facilitate linkage of prevention, treatment, and recovery services. Within the funds provided to Health Workforce for the National Health Service Corps, the agreement directs up to $30,000,000 in addition to the funding in Rural Health for the Rural Communities Opioid Response initiative. Rural Health Outreach.--The agreement provides not less than $8,000,000 for Outreach Service Grants; not more than $15,100,000 for Rural Network Development Grants; not less than $14,000,000 for Delta States Network Grant Program; not less than $2,000,000 for Network Planning Grants; and not more than $6,200,000 for Small Healthcare Provider Quality Improvement Grants. Rural Residency Program.--The agreement provides $15,000,000 for a new Rural Residency Program to expand the number of rural residency training programs with a focus on developing programs that are sustainable beyond Federal funding. The funds will support planning and development costs accrued while achieving program accreditation through the Accreditation Council for Graduate Medical Education. The agreement encourages HRSA to support rural hospitals, medical schools, and community-based ambulatory settings with rural designation along with a consortia of urban and rural partnerships. Telehealth Centers of Excellence (COE).--Within the funds provided for the Office for Advancement of Telehealth activities, the agreement includes $4,000,000 for a second year of funding for the Telehealth COE program. Of this amount, not less than $1,000,000 shall be used to research, provide healthcare outcomes, and develop best practices for the delivery of mental and behavioral health care via telehealth, consistent with the Secretary's priorities. The agreement directs HRSA to divide the remaining $3,000,000 evenly between the two centers, which are responsible for testing the efficacy of telehealth services in various sites and models, providing research and coordination efforts across the Federal government, developing best practices for telehealth, collecting data, and providing relevant telehealth training. Centers for Disease Control and Prevention The agreement includes $8,301,166,000 in total program level funding for the Centers for Disease Control and Prevention (CDC), which includes $7,260,266,000 in discretionary budget authority, $800,900,000 in transfers from the Prevention and Public Health Fund (PPH Fund), and $240,000,000 in transfers from the Nonrecurring Expenses Fund. immunization and respiratory diseases The agreement includes a total of $798,405,000 for Immunization and Respiratory Diseases, which includes $474,055,000 in discretionary appropriations and $324,350,000 in transfers from the PPH Fund. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Section 317 Immunization Program..................... $610,847,000 Influenza Planning and Response...................... 187,558,000 ------------------------------------------------------------------------ hiv/aids, viral hepatitis, sexually transmitted diseases and tuberculosis prevention The agreement includes $1,127,278,000 for HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Domestic HIV/AIDS Prevention and Research............ $788,712,000 HIV Prevention by Health Departments............. 397,161,000 HIV Surveillance................................. 119,861,000 Activities to Improve Program Effectiveness...... 103,208,000 National, Regional, Local, Community, and Other 135,401,000 Organizations................................... School Health.................................... 33,081,000 Viral Hepatitis...................................... 39,000,000 Sexually Transmitted Infections...................... 157,310,000 Tuberculosis......................................... 142,256,000 ------------------------------------------------------------------------ emerging and zoonotic infectious diseases The agreement includes $614,572,000 for Emerging and Zoonotic Infectious Diseases, which includes $562,572,000 in discretionary appropriations and $52,000,000 in transfers from the PPH Fund. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Antibiotic Resistance Initiative..................... $168,000,000 Lab Safety and Quality............................... 8,000,000 Vector-borne Diseases................................ 38,603,000 Lyme Disease......................................... 10,700,000 Prion Disease........................................ 6,000,000 Chronic Fatigue Syndrome............................. 5,400,000 Emerging Infectious Diseases......................... 155,457,000 All Other Infectious Diseases........................ 29,840,000 Food Safety.......................................... 58,000,000 National Healthcare Safety Network................... 21,000,000 Quarantine........................................... 31,572,000 Advanced Molecular Detection......................... 30,000,000 Epidemiology and Lab Capacity program................ 40,000,000 Healthcare-Associated Infections..................... 12,000,000 ------------------------------------------------------------------------ chronic disease prevention and health promotion The agreement includes $1,162,896,000 for Chronic Disease Prevention and Health Promotion, which includes $915,346,000 in discretionary appropriations and $247,550,000 in transfers from the PPH Fund. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Tobacco.............................................. $210,000,000 Nutrition, Physical Activity and Obesity............. 54,920,000 High Obesity Rate Counties....................... 15,000,000 School Health........................................ 15,400,000 Health Promotion..................................... 18,000,000 Glaucoma......................................... 4,000,000 Visual Screening Education....................... 1,000,000 Alzheimer's Disease.............................. 4,500,000 Inflammatory Bowel Disease....................... 1,000,000 Interstitial Cystitis............................ 1,000,000 Excessive Alcohol Use............................ 4,000,000 Chronic Kidney Disease........................... 2,500,000 Prevention Research Centers.......................... 25,461,000 Heart Disease and Stroke............................. 140,062,000 Diabetes............................................. 148,129,000 National Diabetes Prevention Program................. 25,300,000 Cancer Prevention and Control........................ 367,674,000 Breast and Cervical Cancer....................... 218,000,000 WISEWOMAN.................................... 21,120,000 Breast Cancer Awareness for Young Women.......... 4,960,000 Cancer Registries................................ 49,440,000 Colorectal Cancer................................ 43,294,000 Comprehensive Cancer............................. 19,675,000 Johanna's Law.................................... 7,000,000 Ovarian Cancer................................... 9,500,000 Prostate Cancer.................................. 13,205,000 Skin Cancer...................................... 2,125,000 Cancer Survivorship Resource Center.............. 475,000 Oral Health.......................................... 19,000,000 Safe Motherhood/Infant Health........................ 46,000,000 Preterm Birth.................................... 2,000,000 Arthritis............................................ 11,000,000 Epilepsy............................................. 8,500,000 National Lupus Patient Registry...................... 6,500,000 Racial and Ethnic Approaches to Community Health 50,950,000 (REACH)............................................. Good Health and Wellness in Indian Country....... 16,000,000 Million Hearts....................................... 4,000,000 National Early Child Care Collaboratives............. 4,000,000 Hospitals Promoting Breastfeeding.................... 8,000,000 ------------------------------------------------------------------------ High Obesity Counties.--The agreement provides $15,000,000, an increase of $5,000,000, to address obesity in counties. The agreement reiterates the language provided in Senate Report 155-150 and directs CDC to leverage the community extension services provided by land grant universities who are mandated to translate science into practical action and promote healthy lifestyles. Safe Motherhood and Infant Health.--The agreement includes funding at the fiscal year 2017 level for the teen pregnancy prevention cooperative agreement. Racial and Ethnic Approaches to Community Health (REACH).-- The agreement includes $50,950,000 for the REACH program. Within the total amount, $34,950,000 is provided for the second year of a five-year cooperative agreement for community programs and $16,000,000 is for Good Health and Wellness in Indian Country, as described in House Report 115- 244. birth defects and developmental disabilities The agreement includes $140,560,000 for Birth Defects and Developmental Disabilities. Within the total for Birth Defects and Developmental Disabilities, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Child Health and Development............................... $65,800,000 Birth Defects.......................................... 19,000,000 Fetal Death............................................ 900,000 Fetal Alcohol Syndrome................................. 11,000,000 Folic Acid............................................. 3,150,000 Infant Health.......................................... 8,650,000 Autism................................................. 23,100,000 Health and Development for People with Disabilities........ 59,660,000 Disability & Health.................................... 27,000,000 Tourette Syndrome...................................... 2,000,000 Early Hearing Detection and Intervention............... 10,760,000 Muscular Dystrophy..................................... 6,000,000 Attention Deficit Hyperactivity Disorder............... 1,900,000 Fragile X.............................................. 2,000,000 Spina Bifida........................................... 6,000,000 Congenital Heart Failure............................... 4,000,000 Public Health Approach to Blood Disorders.................. 4,400,000 Hemophilia CDC Activities.................................. 3,500,000 Hemophilia Treatment Centers............................... 5,100,000 Thalassemia................................................ 2,100,000 ------------------------------------------------------------------------ National Centers on Disability.--The agreement includes $8,500,000 to continue to strengthen existing programs that address healthy athletes and an additional $2,500,000 to continue to strengthen existing activities that improve physical activity and health promotion for people with mobility disabilities. Hereditary Hemorrhagic Telangiectasia (HHT) Pilot.--The agreement includes $100,000 within the Hemophilia Treatment Centers line to support the second year of a two-year pilot program that enables up to three existing Federally-funded Hemophilia Treatment Centers across the country to serve as specialty centers for the evaluation and management of HHT. PUBLIC HEALTH SCIENTIFIC SERVICES The agreement includes a total of $490,397,000 for Public Health Scientific Services. Within the total for Public Health Scientific Services, the agreement includes the following amounts: [[Page H2700]] ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Health Statistics.................................... $160,397,000 Surveillance, Epidemiology, and Informatics.......... 279,000,000 Lab Training..................................... 5,000,000 Public Health Workforce.............................. 51,000,000 ------------------------------------------------------------------------ ENVIRONMENTAL HEALTH The agreement includes $205,750,000 for Environmental Health programs, which includes $188,750,000 in discretionary appropriations, and $17,000,000 in transfers from the PPH Fund. The agreement provides support for CDC's environmental health research, evaluation, and surveillance activities. These activities are intended to be complementary to the biomedical research conducted at the National Institute of Environmental Health Sciences. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Environmental Health Laboratory...................... $63,150,000 Other Environmental Health (Biomonitoring/Chronic 48,500,000 Disease Biomarkers)............................. Newborn Screening Quality Assurance Program...... 13,400,000 Newborn Screening/Severe Combined Immuno- 1,250,000 deficiency Diseases............................. Environmental Health Activities...................... 44,600,000 Safe Water....................................... 8,600,000 Amyotrophic Lateral Sclerosis Registry........... 10,000,000 Climate Change................................... 10,000,000 All Other Environmental Health................... 16,000,000 Environmental and Health Outcome Tracking Network.... 34,000,000 Asthma............................................... 29,000,000 Childhood Lead Poisoning............................. 35,000,000 ------------------------------------------------------------------------ Harmonization of Lab Results.--The agreement recognizes that certain clinical laboratory tests need harmonization to ensure that accurate results are available for correct patient care. The agreement provides $2,000,000 to the Environmental Health Laboratory to improve the quality and reliability of diagnostic tests for hormones such as thyroid stimulating hormone, testosterone, and estrogen. INJURY PREVENTION AND CONTROL The agreement includes $648,559,000 for Injury Prevention and Control activities. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Intentional Injury................................... $102,730,000 Domestic Violence and Sexual Violence............ 32,700,000 Child Maltreatment........................... 7,250,000 Youth Violence Prevention........................ 15,100,000 Domestic Violence Community Projects............. 5,500,000 Rape Prevention.................................. 49,430,000 National Violent Death Reporting System.............. 23,500,000 Unintentional Injury................................. 8,800,000 Traumatic Brain Injury........................... 6,750,000 Elderly Falls.................................... 2,050,000 Injury Prevention Activities......................... 28,950,000 Opioid Overdose Prevention and Surveillance.......... 475,579,000 Injury Control Research Centers...................... 9,000,000 ------------------------------------------------------------------------ While appropriations language prohibits the CDC and other agencies from using appropriated funding to advocate or promote gun control, the Secretary of Health and Human Services has stated the CDC has the authority to conduct research on the causes of gun violence. National Violent Death Reporting System (NVDRS).--The agreement includes an increase in funding to expand the NVDRS to all 50 States and the District of Columbia, which will allow researchers, practitioners, and policymakers to get a more complete understanding of violent deaths in the United States. Opioid Prescription Drug Overdose (PDO) Prevention Activity.--The agreement includes $475,579,000, an increase of $350,000,000 and reflects continued strong support of CDC PDO activities. As such, it reiterates support for the interconnected language in both the House and the Senate reports on this issue. CDC shall use the provided funds to advance the understanding of the opioid overdose epidemic and scale up prevention activities across all 50 States and Washington, D.C. The agreement expects that this will include the expansion of case-level syndromic surveillance data, improvements of interventions that monitor prescribing and dispensing practices, better timeliness and quality of morbidity and mortality data, as well as the enhancement of efforts with medical examiners and coroner offices. CDC shall promote the use of Prescription Drug Monitoring Programs (PDMPs), including implementation of activities described in the National All Schedules Prescription Electronic Reporting Act of 2005 as amended by the Comprehensive Addiction and Recovery Act of 2016. This shall include continuing to expand efforts to enhance the utility of PDMPs in States and communities, making them more interconnected, real-time, and usable for public health surveillance and clinical decision making. CDC shall also promote alternative surveillance programs for States and communities that do not have a PDMP. CDC is encouraged to work with the Office of the National Coordinator for Health Information Technology to enhance the integration of PDMPs and electronic health records. Finally, CDC shall use $10,000,000 of the funds provided to conduct an opioid nationwide awareness and education campaign. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH The agreement includes a total of $335,200,000 for the National Institute for Occupational Safety and Health (NIOSH) in discretionary appropriations. Within the total for NIOSH, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ National Occupational Research Agenda................ $116,000,000 Agriculture, Forestry, Fishing................... 25,500,000 Education and Research Centers....................... 29,000,000 Personal Protective Technology....................... 20,000,000 Mining Research...................................... 59,500,000 National Mesothelioma Registry and Tissue Bank....... 1,100,000 Other Occupational Safety and Health Research........ 109,600,000 ------------------------------------------------------------------------ Total Worker Health.--The agreement provides funding in the Other Occupational Safety and Health Research line to continue to support the Total Worker Health program at not less than the fiscal year 2017 level. GLOBAL HEALTH The agreement includes $488,621,000 for Global Health activities. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Global AIDS Program.................................. $128,421,000 Global Immunization Program.......................... 226,000,000 Polio Eradication................................ 176,000,000 Measles and Other Vaccine Preventable Diseases... 50,000,000 Parasitic Diseases/Malaria........................... 26,000,000 Global Public Health Protection...................... 108,200,000 Global Disease Detection and Emergency Response.. 98,400,000 Global Public Health Capacity.................... 9,800,000 ------------------------------------------------------------------------ Global Health Security Strategy.--The agreement reiterates strong support for the Global Health Security (GHS) strategy and notes that funding provided in the Ebola supplemental will expire at the end of fiscal year 2019. The agreement provides an additional $50,000,000 with three-year availability which will help CDC sustain its GHS work in other countries. Not later than 180 days after enactment of this Act, the Senior Director for Global Health Security and Biothreats at the National Security Council, in coordination with the Secretary of State, the United States Agency for International Development Administrator, the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Office of Management and Budget, shall submit to the appropriate Congressional committees a comprehensive inter- agency strategy to accelerate the capabilities of targeted countries to prevent, detect, and respond to infectious disease outbreaks. The strategy shall: (i) detail the role and responsibility of each relevant agency of the United States Government in implementing the strategy; (ii) include multi-year cost estimates for operations and programs necessary to implement such strategy, disaggregated by agency; (iii) describe the mechanisms for coordination and oversight of such programs; (iv) review lessons-learned from previous efforts to promote global health security; and (v) identify any obstacles to the implementation of such strategy in policy or legislation, and include specific recommendations for addressing such obstacles. Global Disease Detection.--Within the total for Global Disease Detection and Emergency Response, the agreement includes $3,000,000 in fiscal year 2018 to provide continued support for existing longitudinal, population-based infectious disease surveillance platforms that enable comparative analysis between urban and rural populations in the developing world. Soil Transmitted Helminth (STH).--The agreement includes $1,500,000 for surveillance, source remediation, and clinical care aimed at reducing STH as described in Senate Report 115- 150. PUBLIC HEALTH PREPAREDNESS AND RESPONSE The agreement includes $1,450,000,000 for public health preparedness and response activities. Within the total for Public Health Preparedness and Response, the agreement includes the following amounts: ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Public Health Emergency Preparedness Cooperative $670,000,000 Agreements.......................................... Academic Centers for Public Health Preparedness...... 8,200,000 CDC Preparedness and Response........................ 161,800,000 BioSense......................................... 23,000,000 All Other CDC Preparedness....................... 138,800,000 Strategic National Stockpile......................... 610,000,000 ------------------------------------------------------------------------ Strategic National Stockpile (SNS).--The agreement appreciates the Secretary's efforts to improve the efficiency of the Department's public health preparedness and response programs and looks forward to considering and evaluating the Department's proposal to shift the funding and oversight of the SNS from CDC to the Assistant Secretary for Preparedness and Response (ASPR), as submitted in the fiscal year 2019 budget request. The Committees note that CDC has unique expertise in public health preparedness and response, science-based policy and decision making, public health communications, and coordination with State and local partners. Should the proposed move be implemented, the Secretary is strongly urged to maintain a strong and central role for CDC in the medical countermeasures enterprise. BUILDINGS AND FACILITIES The agreement includes $510,000,000 for Buildings and Facilities. Within this amount, the agreement includes $480,000,000 for construction of a new Biosafety Level 4 lab, of which $240,000,000 shall be transferred from the Nonrecurring Expenses Fund. CDC-WIDE ACTIVITIES The agreement includes $273,570,000 for CDC-wide activities, which includes $113,570,000 in discretionary appropriations and $160,000,000 in transfers from the PPH Fund. Within this total, the agreement includes the following amounts: [[Page H2701]] ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Preventative Health and Health Services Block Grant.......................................... $160,000,000 Public Health Leadership and Support................. 113,570,000 ------------------------------------------------------------------------ National Institutes of Health The agreement provides $37,084,000,000 for the National Institutes of Health (NIH), including $496,000,000 from the 21st Century Cures Act (P.L. 114-255), an increase of $3,000,000,000, or 8.8 percent, above fiscal year 2017. The agreement continues the commitment to funding research on Alzheimer's disease and increases funding by $414,000,000 to a total of $1,828,000,000 in fiscal year 2018; increases funding for the All of Us precision medicine initiative by $60,000,000; increases funding for the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative by $140,000,000; increases funding for regenerative medicine by $8,000,000; increases funding for antibiotic resistance research by $50,000,000; and increases funding for the development of a universal influenza vaccine by $40,000,000. In addition, the agreement includes $500,000,000 for targeted research on opioid addiction within the National Institute of Neurological Disorders and Stroke (NINDS) and the National Institute on Drug Abuse (NIDA), and encourages NIDA to commit additional funding to this effort from within its base budget. It also includes a new initiative to expand research into Down syndrome. In addition, a funding increase above fiscal year 2017 is provided to every Institute and Center to continue investments in research that will save lives, lead to new drug and device development, reduce health care costs, and improve the lives of all Americans. The agreement appropriates funds authorized in the 21st Century Cures Act (P.L. 114-255). Per the authorization, $300,000,000 is transferred to the National Cancer Institute for cancer research; $43,000,000 to NINDS and $43,000,000 to the National Institute on Mental Health (NIMH) for the BRAIN Initiative; and $110,000,000 will be allocated from the NIH Innovation Fund, in this agreement reflected in the Office of the Director, for the Precision Medicine Initiative cohort ($100,000,000) and regenerative medicine research ($10,000,000). The agreement increases funding for Clinical and Translational Science Awards to $542,771,000; increases funding for Institutional Development Awards to $350,575,000; and continues to support the National Children's Study Follow-on program at $165,000,000. The Common Fund is supported as a set-aside within the Office of the Director at $588,116,000, plus an additional $12,600,000 to support pediatric research as authorized by the Gabriella Miller Kids First Research Act (P.L. 113-94). The agreement expects the 8.8 percent increase of funds over the fiscal year 2017 level to support an increase in the number of new and competing Research Project Grants. The agreement expects that NIH will continue its focus on emerging investigators and first-time renewals of these young investigators with actions to significantly reduce the average age of an NIH-supported new investigator. The agreement expects NIH to support an increase in the number of Ruth L. Kirschstein National Research Service Awards and to provide a stipend level and inflationary increase to grantees that is at least consistent with the fiscal year 2018 Federal employee pay raise. NATIONAL CANCER INSTITUTE (NCI) Heavy Ion Cancer Therapy and Research.--The agreement supports NIH's continued exploration of advanced therapeutic cancer research, specifically heavy ion irradiation technology. Heavy ion technology will introduce a novel treatment option to cancer patients that is currently not available in the U.S. The agreement notes that the U.S. stands to be a world leader in this advanced research. The agreement encourages NIH to explore further the development of a state of the art heavy ion research facility in the U.S. Furthermore, the agreement encourages NIH to work with the Departments of Defense and Energy, and other applicable Federal agencies to equip the first U.S. heavy ion research center. The agreement urges NIH to capitalize on the expertise and potential of recently awarded heavy ion facility planning grant recipients in order to foster a multidisciplinary approach and advance heavy ion research that would produce novel, cutting edge treatments for cancer patients. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES (NIDDK) National Commission on Digestive Diseases.--The agreement requests an update on the implementation and recommendations of the National Commission on Digestive Diseases report entitled ``Opportunities & Challenges in Digestive Diseases''' in the fiscal year 2020 Congressional Justification. NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS) Opioids Research.--The agreement includes $250,000,000 for targeted research related to opioid addiction, development of opioid alternatives, pain management, and addiction treatment. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID) Universal Influenza Vaccine.--The agreement directs NIAID to allocate not less than $100,000,000 in fiscal year 2018 to advance basic, translational, and clinical research necessary to develop a universal influenza vaccine. To date, 128 children have died from influenza this season, and the hospitalization rate this season is among the highest since the Centers for Disease Control and Prevention began collecting these data in 2010. In response to the severity of the 2017-2018 influenza season, the agreement encourages NIAID to continue to prioritize investment in the basic and clinical scientific research necessary to develop a universal influenza vaccine. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS) Science Education Partnership Awards (SEPA).--The agreement expects SEPA to receive not less than $19,498,000, which is the fiscal year 2017 level plus the proportional share of the general increase provided to NIGMS. EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT (NICHD) Birth Settings Study.--The agreement notes that rates of home and birth center births continue to rise and there is ongoing need for further study on issues related to the choice of birth setting. Therefore, NICHD is directed to enter into an agreement with the National Academy of Sciences to provide an evidence-based analysis of the complex findings in the research on birth settings, including but not limited to: definitions and assessment of risk factors; access to and choice in birth settings; social determinants that influence risk and outcomes in varying birth settings; financing models for childbirth across settings; and the licensing, training, and accreditation issues impacting professionals providing maternity care across all settings. NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN-- DISEASES--(NIAMS) Dermatology Branch.--The agreement reflects the move of the Dermatology Branch from NCI to NIAMS. NATIONAL INSTITUTE ON DRUG ABUSE (NIDA) Opioid Research.--The agreement includes $250,000,000 for targeted research related to opioid addiction, development of opioid alternatives, pain management, and addiction treatment. The agreement commends the NIH Director for initiating a Public-Private Partnership to develop new medications to respond to the opioid crisis, but notes, however, that NIH has failed to identify additional funding within the NIH's budget for efforts to address the opioid crisis. Presently, NIDA allocates 15 percent of its annual budget to researching issues related to opioid addiction, arguably one of the greatest public health threats facing the nation today. While a significant improvement compared to previous years, in addition to the new opioid research funding provided by this agreement, NIH is strongly encouraged to explore opportunities for committing additional resources from the significant base funding included in the agreement for NIDA. It is understood that $141,000,000 in expiring grant awards will become available for new competing awards in fiscal year 2018. NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD) Research Centers in Minority Institutions (RCMIs).--The agreement continues to support the core mission of RCMIs to develop new investigators from under-represented communities and to conduct world-class biomedical research that emphasizes minority health and health disparities. The agreement expects the RCMIs to receive not less than $61,478,000, which is the fiscal year 2017 level plus the proportional share of the general increase provided to NIMHD. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS) Clinical and Translational Science Awards (CTSA) Program.-- The bill provides $542,771,000, an increase of $26,651,000, for the CTSA program.-- The agreement continues to support the program, a stabilization in the number of hubs funded, and a five year grant cycle.-- The agreement acknowledges the positive changes made to the program in response to language included in the fiscal year--2018 Senate Report, including the increase in communication and collaboration with the Committees on Appropriations of the House of Representatives and the Senate.-- The agreement expects the Director to provide quarterly updates to principal investigators of CTSA hubs beginning within 30--days of enactment of this Act and to continue the ongoing updates to the Committees.-- Finally, the agreement expects written notification to continue to be provided to the Committees at least three days in advance of any public release of CTSA grant awards. OFFICE OF THE DIRECTOR Gabriella Miller Kids First Research Act.--The agreement continues bill language for specific funds authorized by the Gabriella Miller Kids First Research Act--(P.L.--114-255) within the Common Fund to support the fourth year of the 10- year Pediatric Research Initiative. The agreement requests an update in the fiscal year 2020 Congressional Justification on this effort as described in the House and Senate Reports. Down Syndrome.--The agreement directs the NIH Director to develop a new trans-NIH initiative-involving, at a minimum, NICHD, NIA, and NCI-to study trisomy 21, with the aim of yielding scientific discoveries to improve the health and neurodevelopment of [[Page H2702]] individuals with Down syndrome and typical individuals at risk for Alzheimer's disease, cancer, cardiovascular disease, immune system dysregulation, and autism, among others.--This initiative shall bring together research results that will be available to academic researchers, nonprofit organizations, and industry researchers. Funding for this trans-NIH initiative will supplement, not supplant, existing NIH funding levels for Down syndrome research.-- The agreement directs NIH to report to the Committees on Appropriations of the House of Representatives and the Senate within--180 days of enactment of this act on the structure, leadership, and key areas of focus for the new trans-NIH initiative for fiscal years 2018 through 2022. Strategic Plan for Autism Spectrum Disorder (ASD).--The agreement notes the release of the 2016 2017 Interagency Autism Coordinating Committee (IACC) Strategic Plan for Autism Spectrum Disorder and encourages NIH to consider the IACC's recommendations regarding future research related to ASD. Clinical Trials Definition.--The agreement appreciates efforts NIH has taken to increase transparency and improve oversight of its clinical trials and recognizes that the results of NIH-funded clinical trials have not always been reported in a timely manner, reducing the potential benefit from the findings. The agreement urges NIH to continue to address this problem through enhanced registration and reporting through ClinicalTrials.gov. There is concern, however, that in addressing this issue, many fundamental research studies involving human participants are being redefined as clinical trials without sufficient notification and consultation with this segment of the research community. Fundamental research is critical to the NIH mission and of value to the public, and there is concern that policy changes could have long-term, unintended consequences for this research, add unnecessary regulatory burdens, and substantially increase the number of studies in the clinicaltrials.gov database that are not clinical trials. For fiscal year 2018, the agreement directs NIH to delay enforcement of the new policy published in the Federal Register on September 21, 2017--including NIH's more expansive interpretation of ``interventions'''--in relation to fundamental research projects involving humans. The new policy should go forward for research projects that would have been considered clinical trials under the prior policy. This delay is intended to provide NIH sufficient time to consult with the basic research community to determine the reporting standards best suited to this kind of research. The agreement directs NIH to provide the Committees on Appropriations of the House of Representatives and the Senate a plan and schedule for soliciting comments and input from the research community within 30 days of enactment of this act, and brief the Committees on the results of these consultations and next steps by June 22, 2018. Frontotemporal Degeneration (FTD).--The agreement strongly encourages NIH maintain and expand a multi-site infrastructure and network of clinical sites to extend the study of genetic and sporadic FTD cohorts. By supporting research in this way, we may increase our knowledge of the natural history of the disease by building an infrastructure for biomarker discovery and clinical trials in defined FTD cohorts. A key component of this infrastructure includes support for a bioinformatics framework that will enable broad data sharing with the research community to advance disease modeling, and target and pathway discovery for therapeutic development. The agreement also recommends NIH prepare plans of action to increase research and treatment initiatives as they pertain to all forms of dementia, including challenges faced by those with younger onset and non-amnestic forms of the disease. Office of Research on Women's Health (ORWH).--The agreement recognizes the continuing importance of the ORWH, and the valuable role it plays in ensuring clinical and basic research accurately reflects the racial, ethnic, age, sex and gender diversity necessary to provide generalizable data on the safety and efficacy of new medical products and the applicability of NIH-funded research to all Americans. It is anticipated that funding for ORWH will be assigned the priority merited by the important mission it advances and reflect growth in the overall NIH budget. Substance Abuse and Mental Health Services Administration (SAMHSA) The agreement encourages SAMHSA to include as eligible applicants in new funding opportunity announcements, States, political subdivisions of States, Indian tribes or tribal organizations, health facilities, or programs operated by or in accordance with a contract or grant with the Indian Health Service, or other public or private nonprofit organizations. The agreement strongly encourages SAMHSA to exercise maximum flexibility when developing funding opportunity announcements to ensure that all eligible applicants may apply. The agreement urges the Assistant Secretary to ensure that all training requirements specified by 21 U.S.C. 823(g)(2)(G)(ii)(IV) are meaningfully addressed. MENTAL HEALTH Certified Community Behavioral Health Clinics.--The agreement includes $100,000,000 and directs SAMSHA to prioritize resources to entities within States that are part of the section 223(a) of the Protecting Access to Medicare Act of 2014 (P.L. 113-93) demonstration and to entities within States that were awarded planning grants. SAMHSA is encouraged to coordinate these resources with its efforts on substance use disorders. SAMHSA shall conduct an evaluation of the program and provide a report to the Committees on Appropriations of the House of Representatives and the Senate not later than 15 months after the date of enactment of this Act. Children's Mental Health Services.--The agreement includes a new 10 percent set-aside for an early intervention demonstration program with persons not more than 25 years of age at clinical high risk of developing a first episode of psychosis. SAMHSA is directed to work with NIMH on the implementation of this set-aside. Within the total provided for Mental Health Programs of Regional and National Significance (PRNS), the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Capacity:.................................................. Seclusion & Restraint.................................. $1,147,000 Project Aware State Grants............................. 71,001,000 Mental Health First Aid................................ 19,963,000 Healthy Transitions.................................... 25,951,000 Infant and Early Childhood Mental Health............... 5,000,000 National Child Traumatic Stress Network................ 53,887,000 Children and Family Programs........................... 7,229,000 Consumer and Family Network Grants..................... 4,954,000 Mental Health System Transformation and Health Reform.. 3,779,000 Project LAUNCH......................................... 23,605,000 Primary and Behavioral Health Care Integration......... 49,877,000 National Strategy for Suicide Prevention............... 11,000,000 Zero Suicide....................................... 9,000,000 American Indian and Alaska Native.............. 2,000,000 Suicide Lifeline....................................... 7,198,000 Garrett Lee Smith--Youth Suicide Prevention--States.... 35,427,000 Garrett Lee Smith--Youth Suicide Prevention--Campus.... 6,488,000 American Indian and Alaskan Native Suicide Prevention 2,931,000 Initiative............................................ Homelessness Prevention Programs....................... 30,696,000 Tribal Behavioral Grants............................... 15,000,000 Minority AIDS.......................................... 9,224,000 Criminal and Juvenile Justice Programs................. 4,269,000 Assisted Outpatient Treatment.......................... 15,000,000 Assertive Community Treatment for Individuals with 5,000,000 Serious Mental Illness................................ Science and Service:....................................... Garrett Lee Smith--Suicide Prevention Resource Center.. 5,988,000 Practice Improvement and Training...................... 7,828,000 Primary/Behavioral Health Integration T.A.............. 1,991,000 Consumer & Consumer Support T.A. Centers............... 1,918,000 Minority Fellowship Program............................ 8,059,000 Disaster Response...................................... 1,953,000 Homelessness........................................... 2,296,000 ------------------------------------------------------------------------ Infant and Early Childhood Mental Health.--The agreement includes $5,000,000 for infant and early childhood mental health promotion, intervention, and treatment as authorized in section 10006 of the 21st Century Cures Act (P.L. 114- 255). Mental Health First Aid.--When SAMHSA issues new competitive funding opportunities, SAMHSA is directed to include as eligible grantees local law enforcement agencies, fire departments, and emergency medical units with a special emphasis on training for crisis de-escalation techniques. SAMHSA is also encouraged to prioritize training for veterans, armed services personnel, and their family members. Project AWARE.--The agreement provides $71,000,000, an increase of $14,000,000 for Project AWARE, a program which raises awareness of mental health issues and connects young people experiencing behavioral health issues, as well as their families, with needed services. Of the amount provided for Project AWARE, the agreement provides not less than $10,000,000 for discretionary grants to support efforts in high-crime, high-poverty areas and, in particular, communities that are seeking to address relevant impacts and root causes of civil unrest. These grants should maintain the same focus as fiscal year 2017 grants. The agreement requests a report on progress of fiscal year 2017 grantees 180 days after the enactment of this Act. SUBSTANCE ABUSE TREATMENT 21st Century Cures.--The agreement notes concern that SAMHSA has restricted State's flexibility for addressing the opioid crisis by limiting the amount of funding that can be used for opioid prevention activities. The agreement recommends States be given flexibility within the existing grant program authorized in section 1003(b)(3) of the 21st Century Cures Act (P.L. 114-255) to direct resources in accordance with local needs. The agreement requests a report to the Committees on Appropriations of the House of Representatives and the Senate on such plans and evaluation results available on this program, one year after enactment of this Act. State Opioid Response Grants.--The agreement provides $1,000,000,000 in new funding for grants to States to address the opioid crisis. This funding is in addition to the $500,000,000 provided in the 21st Century Cures Act. Bill language provides $50,000,000 for grants to Indian tribes or tribal organizations. In addition, the agreement provides a 15 percent set-aside for States with the highest age-adjusted mortality rate related to opioid use disorders. The Assistant Secretary is encouraged to apply a weighted formula within the set-aside based on state ordinal ranking. The agreement urges the Assistant Secretary to ensure the formula avoids a significant cliff between States with similar mortality rates. SAMHSA shall submit to the Committees on Appropriations of the House of Representatives and the Senate a work plan of the proposed allocation of funds not later than 30 days prior to awarding grants. In addition, not later than one year after the date of enactment of this Act, SAMHSA [[Page H2703]] shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate that includes a description of the activities for which each State has received funding and the ultimate recipients of the funds provided to States. In addition, SAMHSA shall submit an evaluation of the program not later than two years after the date of enactment of this Act. SAMHSA is directed to make the report and evaluation publicly available on SAMHSA's website. National Academy of Sciences (NAS) Review.--Within the total for administration, technical assistance, and evaluation, provided to SAMHSA for the State Opioid Response Grants, the agreement includes $2,000,000 to charter a NAS review within 90 days of enactment of this Act. The NAS review will identify outcomes that are to be achieved by activities authorized in the Comprehensive Addiction and Recovery Act (P.L. 114-198) and the metrics by which the achievement of such outcomes shall be determined, as required by section 701 of such Act. The NAS study should report on the effectiveness of the programs in achieving their respective goals for preventing, treating, and supporting recovery from substance use disorders. The NAS study will result in the public availability of program level data and recommendations to Congress concerning the appropriate allocation of resources to such programs to ensure cost- effectiveness in the Federal government's response to the opioid addiction epidemic. It is expected that an interim report will be completed within three years after enactment of this Act, and a final report will be completed within five years after enactment of this Act. Within the total provided for Substance Abuse Treatment Programs of Regional and National Significance, the agreement includes the following amounts: ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Capacity: Opioid Treatment Programs/Regulatory Activities.. $8,724,000 Screening, Brief Intervention, Referral, and 30,000,000 Treatment....................................... PHS Evaluation Funds......................... 2,000,000 Targeted Capacity Expansion--General............. 95,192,000 Medication-Assisted Treatment for 84,000,000 Prescription Drug and Opioid Addiction...... Pregnant & Postpartum Women...................... 29,931,000 Building Communities of Recovery................. 5,000,000 Recovery Community Services Program.............. 2,434,000 Children and Families............................ 29,605,000 Treatment Systems for Homeless................... 36,386,000 Minority AIDS.................................... 65,570,000 Criminal Justice Activities...................... 89,000,000 Drug Courts.................................. 70,000,00 Science and Service: Addiction Technology Transfer Centers............ 9,046,000 Minority Fellowship Program...................... 4,539,000 ------------------------------------------------------------------------ Medication-Assisted Treatment for Prescription Drug and Opioid Addiction.--The agreement provides $84,000,000 for the Medication-Assisted Treatment for Prescription Drug and Opioid Addiction program. SAMHSA is directed to include as an allowable use medication-assisted treatment and other clinically appropriate services to achieve and maintain abstinence from all opioids and heroin. SAMHSA is directed to give preference in grant awards to treatment regimens that are less susceptible to diversion for illicit purposes. These grants should target States with the highest age adjusted rates of admissions, including those that have demonstrated a dramatic age adjusted increase in admissions for the treatment of opioid use disorders. Within the total, the agreement includes $5,000,000 for grants to Indian tribes, tribal organizations, or consortia. Minority Fellowship Program.--With the $1,000,000 increase provided, the agreement directs SAMHSA to provide funding to grantees to develop and implement fellowships in psychology, addiction psychiatry, and addiction medicine with a specific focus in addressing the needs of individuals with substance use disorders. SUBSTANCE ABUSE PREVENTION Within the total provided for Substance Abuse Prevention Programs of Regional and National Significance, the agreement includes the following amounts: ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Capacity: Strategic Prevention Framework/Partnerships for $119,484,000 Success......................................... Strategic Prevention Framework Rx............ 10,000,000 Grants to Prevent Prescription Drug/Opioid 12,000,000 Overdose........................................ First Responder Training......................... 36,000,000 Rural Set-aside.............................. 18,000,000 Improving Access to Overdose Treatment........... 1,000,000 Mandatory Drug Testing........................... 4,894,000 Minority AIDS.................................... 41,205,000 Sober Truth on Preventing Underage Drinking (STOP 7,000,000 Act)............................................ National Adult-Oriented Media Public Service 1,000,000 Campaign.................................... Community-based Coalition Enhancement Grants. 5,000,000 Intergovernmental Coordinating Committee on 1,000,000 the Prevention of Underage Drinking......... Tribal Behavioral Health Grants.................. 15,000,000 Science and Service: Center for the Application of Prevention 7,493,000 Technologies.................................... Science and Service Program Coordination......... 4,072,000 Minority Fellowship Program...................... 71,000 ------------------------------------------------------------------------ The agreement directs all funding appropriated explicitly for substance abuse prevention purposes both in the Center for Substance Abuse Prevention's PRNS lines as well as the funding from the 20 percent prevention set-aside in the Substance Abuse Prevention and Treatment Block Grant be used only for bona fide substance abuse prevention programs and not for any other purpose. Federal Drug Free Workplace.--The agreement strongly encourages the Secretary to expeditiously produce the technical guidelines for the use of hair testing as a Federally-accepted drug testing method. health surveillance and program support Within the total provided for health surveillance and program support, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Health Surveillance....................................... $47,258,000 PHS Evaluation Funds................................... 30,428,000 Program Management......................................... 79,000,000 Performance and Quality Info. Systems...................... 10,000,000 Drug Abuse Warning Network................................. 10,000,000 Public Awareness and Support............................... 13,000,000 Behavioral Health Workforce Data........................... 1,000,000 PHS Evaluation Funds................................... 1,000,000 ------------------------------------------------------------------------ Agency for Healthcare Research and Quality healthcare research and quality The agreement provides $334,000,000 for the Agency for Healthcare Research and Quality (AHRQ). Within the total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2018 Budget Activity Agreement ------------------------------------------------------------------------ Patient-Centered Health Research.......................... $0 Prevention/Care Management................................. 11,649,000 Health Information Technology (IT)......................... 16,500,000 Health IT to Improve Quality........................... 14,500,000 Patient Safety Research.................................... 70,276,000 Healthcare-Associated Infections Prevention............ 36,000,000 Combating Antibiotic-Resistant Bacteria............ 10,000,000 Healthcare Delivery Systems............................ 10,000,000 Crosscutting Activities Related to Quality, Effectiveness, 94,284,000 and Efficiency Research................................... Health Services Contract/IAA Research.................. 14,000,000 Investigator-Initiated Research Grants................. 52,933,000 Medical Expenditure Panel Survey........................... 69,991,000 Program Management......................................... 71,300,000 ------------------------------------------------------------------------ Health Services and Primary Care Research.--The agreement includes $1,000,000 within the total for Program Management to contract with an independent entity to study health services and primary care research supported by Federal agencies since fiscal year 2012. This study should identify research gaps and areas for consolidation, as well as propose strategies for better coordination of the Federal health services research enterprise. AHRQ shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate on the status of this study within one year of enactment of this Act. Centers for Medicare and Medicaid Services (CMS) program management Ambulatory Surgical Center Payment System.--The agreement notes that CMS recently finalized the payment rates under the Ambulatory Surgical Center Payment System for calendar year 2018. CMS is directed to submit a report within 180 days of enactment of this Act to the Committees on Appropriations of the House of Representatives and the Senate. Such report should include a detailed justification of the payment methodology for Interventional Pain Ambulatory Surgical Centers. Assistive Technology.--The agreement encourages CMS to support efforts by State Medicaid programs to partner with State Assistive Technology Act Programs to develop and implement reutilization programs with a goal of containing Medicaid costs. Cost Plans.--The agreement supports efforts that ensure beneficiaries enrolled in a Medicare Cost Plan subject to a transition in contract year 2019 are either deemed from the Cost Plan to one of its Medicare Advantage plans, seamlessly transitioned to a new Medicare Advantage plan, or transitioned to Medicare Fee-for-Service without disruption to care. The agreement requests the Secretary notify beneficiaries enrolled in Medicare Cost Plans as of January 1, 2018, if their plan will not be available, and notify beneficiaries of available educational resources not later than June 1, 2018. The agreement requests CMS inform impacted beneficiaries of their coverage options for January 1, 2019, as early as practicable. Durable Medical Equipment.--The agreement encourages CMS to promulgate the pending Interim Final Rule entitled ``Durable Medical Equipment Fee Schedule, Adjustments to Resume the Transitional 50/50 Blended Rates to Provide Relief in Non- Competitive Bidding Areas.'' Health Insurance Exchange Transparency.--The agreement continues to include bill language in section 220 that requires CMS to provide cost information for the following categories: Federal Payroll and Other Administrative Costs; Exchange-related Information Technology (IT); Non-IT Program Costs, including Health Plan Benefit and Rate Review, Exchange Oversight, Payment and Financial Management, Eligibility and Enrollment; Consumer Information and Outreach, including the Call Center, Navigator Grants and Consumer Education and Outreach; Exchange Quality Review; Small Business Health Options Program and Employer Activities; and Other Exchange Activities. Cost information should be provided for each fiscal year since the enactment of the Patient Protection and Affordable Care Act (P.L. 111- 148). CMS is also required to include the estimated costs for fiscal year 2019. Mental Health Providers.--The agreement is aware that Medicare beneficiaries have limited access to substance use disorder and mental health services, particularly in rural and underserved areas. The agreement notes [[Page H2704]] concern about the shortage of eligible mental health providers for the Medicare population and supports efforts to explore the expansion of the mental and behavioral health workforce. Recovery Audit Contractors.--The agreement requests a briefing on the Recovery Audit Contractor program for the Committees on Appropriations of the House of Representatives and the Senate within 60 days of enactment of this Act. Risk Corridor Program.--The agreement continues bill language to prevent the CMS Program Management appropriation account from being used to support risk corridor payments. The agreement directs CMS to provide a report starting with plan year 2014 to the Committees on Appropriations of the House of Representatives and the Senate detailing the receipts and transfer of payments for this program. Telehealth.--The agreement reaffirms the request under this heading in Senate Report 115-150 for a report within one year of enactment of this Act. The agreement directs the Administrator to consult with Telehealth Centers of Excellence and other relevant agencies and stakeholders. Administration for Children and Families (ACF) low income home energy assistance The agreement includes an increase of $250,000,000 for the Low Income Home Energy Assistance Program (LIHEAP). LIHEAP provides critical assistance to help low-income households keep up with home energy costs, which is particularly valuable for geographic regions that experience extreme temperatures in the winter and summer months. refugee and entrant assistance Refugee Support Services.--The agreement accepts the Administration's proposal to consolidate funding from Social Services, Preventive Health, and Targeted Assistance into Refugee Support Services. The agreement expects activities funded under these three lines in fiscal year 2017 to continue in fiscal year 2018 at the same funding level as fiscal year 2017. Transitional and Medical Services.--The agreement provides a funding level consistent with the current estimates of eligible arrivals. The agreement affirms the expectations outlined in Senate Report 115-150, including ACF maintaining the number of months refugees are eligible for benefits. Unaccompanied Children.--The agreement directs HHS to provide a joint briefing with the Departments of Homeland Security and State, within 45 days of enactment of this Act, to the Committees on Appropriations of the House of Representatives and the Senate. The briefing should outline the Administration's current and planned policies that impact the resources needed for this program. Victims of Trafficking.--The agreement includes $17,000,000 for services for foreign national victims and $6,755,000 to improve services available for U.S. citizens and legal permanent residents. Within the total of $23,755,000, the agreement includes $1,750,000 for the National Human Trafficking Hotline program, an increase of $250,000. payments to states for the child care and development block grant The agreement includes a $2,370,000,000 increase for the Child Care and Development Block Grant (CCDBG) Act. It is expected that this increase will support the full implementation of the CCDBG Act as reauthorized in 2014, including activities to improve the quality and safety of child care programs, increasing provider reimbursement rates, and ensuring health and safety standards are met. The Department should work with States to ensure they are fully in compliance with, and meeting the goals of, the CCDBG Act. Further, the Department should work with States to ensure they are aware of the availability of funds under current law to make minor improvements to facilities to bring them into compliance with health and safety requirements and improve professional development for the child care workforce. Finally, the Department should work with States to ensure they are meeting the needs of families with non-traditional work hours. The funding will also increase access to affordable, high-quality child care to more low-income, working families. children and families services programs Child Abuse Prevention and Treatment Act (CAPTA) Infant Plans of Safe Care.--The agreement provides an increase of $60,000,000 for CAPTA State Grants. Within the increase, the agreement directs States to prioritize infant plans of safe care, including compliance with the requirements in section 106(b)(2)(B)(iii) of CAPTA. The incidence of neonatal abstinence syndrome has increased as the opioid crisis has worsened, and this funding is intended to help States improve their response to infants affected by substance use disorder and their families. The agreement also directs HHS to provide the necessary technical assistance, monitoring, and oversight to assist and evaluate State's activities on plans of safe care. The agreement requests an update on those activities in the fiscal year 2020 Congressional Justification. Child Abuse Discretionary Activities.--The agreement notes the lack of knowledge regarding effective and appropriate text-based and chat-based intervention and education services for child abuse victims and concerned adults as these new communication channels increase in prevalence. Therefore, the agreement includes $1,000,000 for an extramural grant to develop and expand text and chat capabilities and protocols for a National child abuse hotline to determine best practices in appropriate communication, identity verification, privacy protection, and resource sharing with youth seeking assistance. In awarding the grant, ACF is directed to prioritize ability to coordinate with other hotlines administered by ACF. Community Economic Development.--The agreement directs ACF to issue a funding opportunity announcement prioritizing applications from rural areas with high rates of poverty, unemployment, and substance abuse. Early Head Start (EHS).--The agreement includes a $115,000,000 increase for Early Head Start Expansion and Early Head Start-Child Care (EHS-CC) Partnership Grants. The agreement directs ACF to continue to equally prioritize EHS Expansion and EHS-CC Partnerships, as determined by the needs of local communities, as done in previous grant competitions for this program. Within the total, the agreement includes a cost of living adjustment of $15,000,000 for existing grantees. Head Start.--The agreement provides a full cost-of-living adjustment of $216,000,000 to Head Start grantees. The agreement also includes $260,000,000 for grantees to increase their program hours, in alignment with the requirement in the Head Start Program Performance Standards. In addition to supporting working families, research shows that extended duration of high-quality early learning services improves child learning and developmental outcomes. Family Violence Prevention and Services.--The agreement includes a $9,000,000 increase and directs ACF to use $5,000,000 of that increase to supplement existing funding for Native American tribes and tribal organizations. The agreement recognizes the importance of providing supports that are culturally appropriate to the populations they serve. Native American Programs.--The agreement includes $12,000,000 for Native American language preservation activities, including $3,000,000 for Generation Indigenous, and not less than $4,000,000 for language immersion programs authorized by section 803C(b)(7)(A)-(C) of the Native American Programs Act. Runaway and Homeless Youth.--The agreement provides an increase of $8,300,000 for the Runaway and Homeless Youth program. The new funding should be provided to Transitional Living Program and Maternal Group Home grantees whose awards end on April 30, 2018 to continue services until new awards for those grantees are made or for grantees who did not get a new grant, a continuation grant to provide services until the end of fiscal year 2018. The new funding can only be used for additional new awards after funds have been set aside for completing extensions to ensure grantees awarded grants in fiscal year 2013 are able to operate through the end of fiscal year 2018. Street Outreach Program.--The agreement acknowledges the value of geographic balance in providing resources to fight against youth homelessness and encourages ACF to award at least one grant in each of the 10 regions. PROMOTING SAFE AND STABLE FAMILIES Kinship Navigator Programs.--As parents struggle with opioid addiction and substance use disorder, more grandparents and relatives are taking primary responsibility for the care of children. The agreement includes $20,000,000 to assist States and Indian tribes to develop and enhance kinship navigator programs. The new funding is provided to support changes to comply with upcoming requirements in the recently passed Family First Prevention Services Act, included as part of the Bipartisan Budget Act of 2018 (P.L. 115-123). Regional Partnership Grants.--This agreement includes $20,000,000 for Regional Partnership Grants to fund community collaborations among substance abuse treatment, courts, and child welfare agencies to improve the lives of children and families affected by opioids and other substance use disorders. Administration for Community Living (ACL) AGING AND DISABILITY SERVICES PROGRAMS Aging Network Support Activities.--The agreement provides $12,461,000 for Aging Network Support Activities, of which $5,000,000 is for the Holocaust Survivor's Assistance program. Alzheimer's Disease Program.--The agreement provides $23,500,000 for the Alzheimer's Disease Program, an increase of $4,000,000. The agreement accepts the Administration's proposal to streamline several Alzheimer's disease programs into one larger, more flexible program that will allow States, communities, nonprofits, and Indian tribes greater access to funding opportunities authorized under Title IV of the Older Americans Act. The agreement directs ACL to expand support for evidence-based interventions funded in fiscal year 2017 and to test cutting edge approaches that will serve persons with Alzheimer's disease, related dementias, and their family caregivers. The agreement notes that the National Institute on Aging will continue its Alzheimer's Disease Outreach Campaign and the agreement also provides funding for the National Alzheimer's Call Center under this heading. Assistive Technology.--The agreement includes $2,000,000 for competitive grants as specified in House Report 115-244. In addition, the agreement encourages CMS to support efforts by State Medicaid programs to [[Page H2705]] partner with State Assistive Technology Act Programs to develop and implement reutilization programs with a goal of containing Medicaid costs. Elder Rights Support Activities.--The agreement includes $15,874,000 for Elder Rights Support Activities, of which $12,000,000 is included for the Elder Justice and Adult Protective Services program. Developmental Disabilities Projects of National Significance.--The agreement includes $12,000,000 for Developmental Disabilities Projects of National Significance. Of this amount, not less than $1,000,000 is to fund transportation assistance activities for older adults and persons with disabilities. The transportation activities should focus on the most cost-effective and sustainable strategies that can be replicated to other communities. Independent Living.--The agreement provides $113,183,000 for the Independent Living program, of which $24,878,000 is for the Independent Living State Grants program and $88,305,000 is for the Centers for Independent Living program. Paralysis Resource Center.--The agreement includes $7,700,000 for the National Paralysis Resource Center (PRC), an increase of $1,000,000. This program has long provided essential, comprehensive information, and referral services that promote independence and quality of life for the 5.4 million people living with paralysis and their families. The agreement directs ACL to continue support for the national PRC at not less than the fiscal year 2017 funding level. Office of the Secretary GENERAL DEPARTMENTAL MANAGEMENT Healthcare Costs of Illegal Immigration.--The agreement directs the Department to provide a report to the Committees on Appropriations of the House of Representatives and the Senate on available information regarding the costs borne by State and local governments for providing services to individuals without legal immigration status, including the Federal resources from the Department that are being used to assist States in fiscal year 2018 to cover these expenses. Nonrecurring Expenses Fund.--In addition to funds directed in the CDC's Buildings and Facilities account to support the BSL-4 laboratory, the agreement directs the Secretary to prioritize obligations from resources in the Nonrecurring Expenses Fund for the following projects: CDC National Institute for Occupational Safety and Health facility, Indian Health Services facilities, NIH chillers, Food and Drug Administration laboratory renovations, HHS cybersecurity initiatives, and the Departmental Appeals Board case management system. Additionally, the agreement notes the number of notified projects that have not yet been completed. The agreement encourages the Secretary to complete outstanding projects in a timely manner and prior to directing funding to new projects. Obligation Reports.--The agreement directs the Secretary to submit electronically to the Committees on Appropriations of the House of Representatives and the Senate an Excel table detailing the obligations made in the most recent quarter for each office and activity funded under this appropriation not later than 30 days after the end of each quarter. Staffing Reports.--The agreement directs the Secretary to submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly Excel table listing the names, titles, grades, agencies, and divisions of all of the political appointees and special government employees, and detailees that were employed by or assigned within the Department during the previous month. Technical Assistance.--The agreement reiterates the importance of the long-standing relationship between the Committees on Appropriations of the House of Representatives and the Senate (Committees) and the Department's Office of the Assistant Secretary for Financial Resources (ASFR). As noted in Senate Report 115-150, the Committees have long relied on ASFR to facilitate the Committees' requests for legal and technical feedback that is not covered by a legitimate claim of privilege, as well as technical assistance to ensure the Committees' guidance is implemented as intended. The Committees expect that all technical assistance requests be dealt with in a manner that is consistent with past precedent, including timely answers that respond to any specific inquiries. OFFICE OF MEDICARE HEARINGS AND APPEALS The agreement directs the Office of Medicare Hearings and Appeals to provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate reflecting the total number of appeals filed, appeals pending, and appeals disposed of for all levels of the appeals process. The quarterly updates should include a breakout of Recovery Audit Contractor (RAC) and non-RAC claims. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND The agreement includes a program level of $1,953,458,000 for the Public Health and Social Services Emergency Fund (PHSSEF). This funding will support a comprehensive program to prepare for and respond to the health and medical consequences of all public health emergencies, including bioterrorism, and support the cybersecurity efforts of HHS. The agreement commends the Assistant Secretary for Preparedness and Response (ASPR) for the work ASPR has done to develop regional, coalition-based disaster medical response plans. The agreement encourages ASPR to work with States that have demonstrated success in creating statewide disaster healthcare systems to coordinate patient movement, evacuation and field emergency care, particularly in areas with high incidence of natural disasters, with the goal of establishing best practices and maximizing Federal resources. Hospital Preparedness Program (HPP).--The agreement rejects the Administration's proposal to change the allocation formula that would leave 26 States and Territories without HPP funding. General Provisions Prevention and Public Health Fund.--The agreement reflects the allocation of the Prevention and Public Health Fund. PREVENTION AND PUBLIC HEALTH FUND ------------------------------------------------------------------------ FY 2018 Agency Budget Activity Agreement ------------------------------------------------------------------------ ACL................................ Alzheimer's Disease $14,700,000 Program. ACL................................ Chronic Disease Self- 8,000,000 Management. ACL................................ Falls Prevention...... 5,000,000 CDC................................ Breast Feeding Grants 8,000,000 (Hospitals Promoting Breastfeeding). CDC................................ Diabetes.............. 52,275,000 CDC................................ Epidemiology and 40,000,000 Laboratory Capacity Grants. CDC................................ Healthcare Associated 12,000,000 Infections. CDC................................ Heart Disease & Stroke 53,275,000 Prevention Program. CDC................................ Million Hearts Program 4,000,000 CDC................................ Office of Smoking and 126,000,000 Health. CDC................................ Preventative Health 160,000,000 and Health Services Block Grants. CDC................................ Section 317 324,350,000 Immunization Grants. CDC................................ Lead Poisoning 17,000,000 Prevention. CDC................................ Early Care 4,000,000 Collaboratives. SAMHSA............................. Garrett Lee Smith- 12,000,000 Youth Suicide Prevention. ------------------------------------------------------------------------ The agreement includes a new provision related to indirect cost negotiated rates. The agreement includes a new provision granting transfer authority for funds related to opioid research at NIH. The agreement includes a new provision prohibiting Child Care and Development Block Grant funds from going to providers where a serious injury or death occurred due to a substantiated health or safety violation. TITLE III DEPARTMENT OF EDUCATION Education for the Disadvantaged Consultation on State Plans.--As State Educational Agencies work to finalize their plans for distributing their section 1003 funds, and continue to give priority to supporting Local Educational Agencies as required under section 1003(f) of the Every Student Succeeds Act (ESSA), States must include assurances in their State plans as required under 1111(g)(2), including the assurance that the State educational agencies will ensure that local educational agencies, in developing and implementing programs under Title I, Part A, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools. School Improvement Programs Native Hawaiian Education Program.--The agreement includes $36,397,000 for the Native Hawaiian Education program, including $650,000 for the Native Hawaiian Education Council. Student Support and Academic Enrichment Grants.--One of the goals of the Student Support and Academic Enrichment (SSAE) grants program is to provide safe, healthy learning environments for students. The funding can be utilized for a wide range of uses, including to expand access to or coordinate resources for school-based mental health services and supports, which may include trauma-informed practices and school counseling; bullying prevention; and professional development for personnel in crisis management and school- based violence prevention strategies. The agreement provides $1,100,000,000, which is a $700,000,000 increase over fiscal year 2017, to make these flexible resources available to States, which can include assisting in protecting students and educators. In addition to the language included in House Report 115- 244 regarding SSAE grants and science, technology, engineering, and math (STEM) education, the agreement encourages the Department to especially support pre- kindergarten through grade 12 computer science education programs that address the enrollment and achievement gap for underrepresented students such as minorities, girls, and youth from families living at or below the poverty line. INNOVATION AND IMPROVEMENT Education Innovation and Research (EIR).--The agreement reiterates and applies language included under this heading in both House Report 115-244 and Senate Report 115-150 to funds provided in this Act. In addition, within the total, the agreement includes $50,000,000 for innovative STEM education projects, including computer science education. The Department proposed in its fiscal year 2019 budget new bill language, not included in this agreement, that would allow the Secretary to devote all of these funds to STEM. This proposal will be considered as part of the fiscal year 2019 appropriations process. The Department should coordinate with other Federal agencies that issue grants in this area, including the National Science Foundation, to avoid duplication and ensure activities funded under EIR build on the existing evidence base and provide a unique benefit to the field. The agreement also notes that a wide-range of formula and competitive grants at the Department of Education can also be used to support STEM education. The agreement also encourages the Department to seek opportunities to collaborate with researchers from the fields of neuroscience, cognitive development, psychiatry, psychology, and education and human development, for the purposes of promoting research-based scientific interventions in the science of learning that improve academic outcomes for high-need, high-poverty students. The agreement also directs the Department to prioritize proposals that seek to [[Page H2706]] improve early learning and cognitive development outcomes among high-need, high-poverty students through neuroscience- based and scientifically validated interventions and meet the evidence requirements for this program established by ESSA. Charter Schools Program.--The agreement modifies the language in Senate Report 115-150 to include up to $7,500,000 for developer grants to establish or expand charter schools in underserved, high-poverty, rural areas, as described therein. Supporting Effective Educator Development.--In awarding grants under the Supporting Effective Educator Development (SEED) program, the Secretary is directed to ensure that grants are distributed among a diverse set of eligible entities including National non-profit organizations implementing evidence-based activities (as defined in section 8101(21)(A)(i) of the Elementary and Secondary Education Act) across a number of sites which can help bring to scale evidence-based programs of National significance across the country. Additionally, the agreement supports funding for activities described under this heading in the explanatory statement accompanying Division H of the Consolidated Appropriations Act, 2017, regarding programs, which may include a consortia of programs operating in multiple States, to improve the academic preparation and college readiness, including the college-and-career pipeline, of rural youth. Finally, within the SEED program, the agreement supports funding for innovative programs providing professional development for teachers in early childhood and early elementary school focused on social emotional learning, classroom and behavior management, and improving school climate, with the goal of improving the social and emotional well-being and academic performance of students. Arts in Education.--The agreement includes funding to continue the Department's support for all grant programs funded within this program at not less than the fiscal year 2017 level. This includes $7,700,000, an increase of $1,000,000, for the National Arts in Education program, to continue the Department's support for National-level, high- quality arts education projects, which could include developing arts education data mapping tools to identify gaps in arts education across the country; developing and updating standards-aligned arts curriculum; professional development for special educators; and other high-quality projects for children and youth, with an emphasis on servicing students from low-income families and students with disabilities. The Department is also directed to provide more flexibility to Arts in Education Model Development and Dissemination grantees by establishing more appropriate performance measures, such as access to standards-based arts education in high-needs schools and assessment of student knowledge and skills in the arts, for this grant activity. SAFE SCHOOLS AND CITIZENSHIP EDUCATION National Activities.--The agreement includes $90,000,000, an increase of $22,000,000. These funds should be used to expand evidence-based programs to ensure safe learning environments for students and educators, including improving school climates, preventing violence in schools, and providing services in response to serious incidents. Promise Neighborhoods.--The agreement reiterates language under this heading in Senate Report 115-150 except that it expects initial implementation continuation grants to be awarded as soon as possible, not later than June 1, 2018. In addition, the agreement specifies that not less than $12,000,000 shall be available for such extension grants in fiscal year 2018, with a minimum grant of not less than $3,000,000 per year. SPECIAL EDUCATION Within the total for Technical Assistance and Dissemination the agreement includes $15,083,000 for education activities authorized under P.L.--108-406. Seclusion and Restraint.--The agreement includes direction for the Government Accountability Office (GAO) to conduct a further study on data reported to the Department of Education's Office for Civil Rights on the use of seclusion and restraints for all students at the school and district level on efforts to reduce the use of seclusion and restraint practices. There is concern that seclusion and restraint issues continue to be chronically underreported. In particular, GAO is encouraged to evaluate recommendations for improving data collection at any school, including any special education or alternative school, that serves students, ages 3-21. In fulfilling the requested study, the GAO should also include recommendations, including examples of best practices, of how schools are adopting effective alternatives to these practices and reducing the incidence of seclusion and restraint. STUDENT FINANCIAL ASSISTANCE Federal Work Study.--The agreement includes up to $9,625,000, an increase of $1,235,000, for the Work Colleges program authorized under section 448 of the Higher Education Act. Pell Grants.--The agreement includes sufficient funding to increase the maximum award by $175 to $6,095 in academic year 2018-2019. STUDENT AID ADMINISTRATION Student Loan Servicing.--The agreement supports efforts to improve the Federal student aid application and servicing process to best serve students and student borrowers. However, there remains concern about specific elements of the Department's proposal to significantly revamp the Federal student loan servicing process. Accordingly, the agreement includes language, modified from Senate Report 115-150, preventing the Department from moving forward with specific components of their proposal and current solicitation unless they are modified to include certain elements to promote accountability, transparency, and competition, to better serve student borrowers and taxpayers. Nothing in this language should be interpreted as otherwise preventing the Department from modernizing the student loan servicing process, or the student and borrower experience; or improving the current performance-based student loan allocation process to strengthen incentives for servicers to provide high- quality service to borrowers. The Department is directed to provide pursuant to the quarterly obligation plans reporting instructions in Senate Report 115-150 the following additional information: performance metrics, total loan volume, and number of accounts broken out by servicer and for each private collection agency. Further, the Department is directed to provide the requested briefing on the benefits for servicemembers and veterans directive in Senate Report 115- 150 within 30 days of enactment of this Act. HIGHER EDUCATION Cybersecurity Education.--The growing presence of cybersecurity threats continues to highlight the need for quality cybersecurity education programs. The efforts of the nation's community colleges to expand cybersecurity education in lower-income student populations is commendable and important, but often those schools lack the resources to maintain state of the art programs. To address these needs, the agreement includes $1,000,000 for the Department of Education to establish a pilot grant program to support technological upgrades for community colleges for the purpose of supporting cybersecurity programs. Federal TRIO Programs.--The agreement reiterates the language in Senate Report 115-150 regarding reviewing fiscal year 2017 applications with minor technical issues. Further, the agreement clarifies that minor technical issues includes applications with minor budget issues, and adds that the review should include applications under all fiscal year 2017 TRIO competitions. GEAR UP.--The Department is directed to announce Notices Inviting Applications for New Awards for State Grants and Partnership Grants in the Federal Register. In such notice for State grants, the Department is directed to uphold the long-standing guidance that States may only administer one active State GEAR UP grant at a time. The Secretary is directed to provide written guidance in the Federal Register notifying applicants that only States without an active State GEAR UP grant, or States that have an active State GEAR UP grant that is scheduled to end prior to October 1, 2018, will be eligible to receive a new State GEAR UP award funded in whole or in part by this appropriation. Open Textbooks Pilot.--The agreement includes $5,000,000 for a pilot, competitive grant program to support projects at institutions of higher education that create new open textbooks or expand their use in order to achieve savings for students while maintaining or improving instruction and student learning outcomes. The Secretary shall require that any open textbook created with program funds be licensed under a nonexclusive, irrevocable license to the public to exercise any of the rights under copyright conditioned only on the requirement that attribution be given as directed by the copyright owner. Further, the Secretary should give special consideration to projects at institutions of higher education that demonstrate the greatest potential to achieve the highest level of savings for students through sustainable, expanded use of open textbooks in postsecondary courses offered by the eligible entity and expand the use of open textbooks at institutions of higher education outside of the eligible entity. Historically Black College and University Capital Financing Program The agreement includes new funding and provisions related to the deferment of outstanding loans for private historically Black colleges and universities (HBCUs). It also includes a new provision regarding an outreach plan to help additional public HBCUs participate in the program. Departmental Management Reorganization Plans.--The Department is directed to provide detailed information on any plans to reform or reorganize the Department to the Committees on Appropriations of the House of Representatives and Senate prior to beginning implementing any such plans. There remains concern that adequate information about and justification for its reorganization have not been transparently shared with Congress and stakeholders to be able to evaluate the changes being proposed, including the potential benefits or existing challenges they are meant to address. Of particular concern is any attempt to reorganize or alter the current structure of the Budget Service office. The Committees on Appropriations of the House of Representatives and the Senate rely on the quality and professional expertise of this office and are deeply concerned about proposed changes to its structure. Therefore, a provision is included in the agreement which would not allow funding to be used for the purpose of reorganizing or decentralizing the office. The Budget Service office shall continue to have lead responsibility for: (1) developing and implementing the Department's budget; (2) formulating budget and related legislative policies for Department programs; (3) presenting the Department's budget and related policy proposals to the public and Congress; (4) establishing and maintaining a Department-wide performance-based budget formulation, execution, and management system; and (5) reviewing and analyzing Department program operations, including budget and policy implementation. The Budget Service office shall also continue to play a prominent role in reviewing, analyzing and estimating costs of regulations, analyzing policy, and overseeing the Department's management of its programs and administrative resources. There is strong concern that a decentralization of these functions will create inefficiencies. Borrower Defense Claims Reporting.--The Department is directed to provide quarterly reports pursuant to the borrower defense claims reporting instructions in Senate Report 115-150 that also include the following additional information: the total and median dollar amount of outstanding debt from borrowers prior to discharge, the percentage of [[Page H2707]] the total approved claims receiving partial relief, and the median student loan debt remaining as part of claims receiving partial relief. Office for Civil Rights.--The agreement includes $117,000,000 for the Office for Civil Rights (OCR). The OCR is directed in fiscal year 2018 to use this appropriation to increase its level of full time equivalent employment in order to effectively and timely investigate complaints; execute and report on the civil rights data collection; thoroughly monitor corrective actions of institutions and meet other critical workloads. Further, OCR is directed to maintain its 12 regional offices consistent with the organizational structure described in its fiscal year 2018 and 2019 Justification of Appropriation Estimates to the Congress. General Provisions The agreement includes a new general provision to exempt the Magnet Schools program from one long-standing general provision on transporting students. ESSA reauthorized the Magnet School program in 2015 and allowed funds to be used for transportation and this agreement should not impede the Magnet School program from doing so. The agreement notes that the Committees on Appropriations of the House of Representatives and the Senate should consider a longer term solution to this issue during the fiscal year 2019 appropriations process. The agreement modifies a provision rescinding unobligated balances available for the Pell Grant program to offset the mandatory costs of increasing the maximum award. The agreement includes a new provision to address a drafting error related to the reauthorization of the Impact Aid program. The agreement includes a new provision clarifying availability of hurricane relief funding. The agreement includes a new provision to clarify current law and allow for the continued sharing of financial data to scholarship granting organizations. The agreement includes a new provision modifying existing authority relating to cohort default rates for a period of two years. The agreement includes a new provision related to public service loan forgiveness. The agreement includes a new provision regarding Pell eligibility for children of first responders who have died in the line of duty. TITLE IV--RELATED AGENCIES Corporation for National and Community Service (CNCS) Innovation, Demonstration, and Other Activities.--The agreement includes $7,600,000 for innovation, demonstration, and assistance activities. Within the total, the agreement recommends $5,400,000 for the Volunteer Generation Fund. The agreement also includes a total of $2,200,000 for National Days of Service, to be equally allocated between the September 11 National Day of Service and Remembrance and the Martin Luther King, Jr. National Day of Service, two important national events. Commission Investment Fund (CIF).--The agreement includes not less than $8,500,000, an increase of $1,000,000 for CIF, which provides funds to State commissions for training and technical assistance activities to expand the capacity of current and potential AmeriCorps programs, particularly in underserved areas. Reduced Full Time Service Positions.--The agreement includes a provision to allow CNCS to establish a new 1,200 hour service position, including a proportional reduction in the education award. Institute of Museum and Library Services Within the total for IMLS, the bill includes funds for the following activities in the following amounts: ------------------------------------------------------------------------ Budget Activity FY 2018 Agreement ------------------------------------------------------------------------ Library Services Technology Act: Grants to States................................. $160,803,000 Native American Library Services................. 5,063,000 National Leadership: Libraries................... 13,406,000 Laura Bush 21st Century Librarian................ 10,000,000 Museum Services Act: Museums for America.............................. 22,899,000 Native American/Hawaiian Museum Services......... 1,472,000 National Leadership: Museums..................... 8,113,000 African American History and Culture Act: Museum Grants for African American History & 2,231,000 Culture......................................... Research, Analysis, and Data Collection.............. 2,013,000 Program Administration............................... 14,000,000 TOTAL................................................ 240,000,000 ------------------------------------------------------------------------ Railroad Retirement Board The agreement includes $10,000,000 for the implementation of information technology systems modernization efforts. Within 180 days of enactment of this Act, the Railroad Retirement Board is directed to submit a comprehensive update to the Committees on Appropriations of the House of Representatives and the Senate on: project status, timelines to completion, and total cost of development. Social Security Administration (SSA) LIMITATION ON ADMINISTRATIVE EXPENSES Administrative Funding.--The agreement provides an increase of $480,000,000 for administrative expenses. Of this amount, bill language directs $280,000,000 to support SSA's information technology modernization initiative and directs $100,000,000, with extended availability, for processing the backlog of disability hearings within the Office of Hearings Operations. Capability Determination Process Improvements.--The agreement notes the importance of SSA accurately evaluating an individual's ability to manage--or direct the management of--his or her Social Security benefits. However, a 2016 study by the National Academies of Sciences, Engineering, and Medicine, entitled Informing Social Security's Process for Financial Capability Determination, raised concerns about SSA's capability determination process, and a 2015 internal SSA report found that most capability determination decisions are not adequately developed or documented. The agreement is encouraged by the steps SSA is taking to improve its capability determination process and requests a report not later than 60 days after the enactment of this Act on SSA's plans to evaluate the effects of these changes. Disability Case Processing System (DCPS).--The agreement supports efforts to modernize the case processing systems used by State Disability Determination Service agencies, including the DCPS. The SSA is directed to take the necessary actions that would permit States the ability to select from all available options in the modernization of their case processing systems, so long as the selected option has similar or better functionality as DCPS without imposing costs that are higher than using DCPS. Such process must be in conformance with all Federal procurement rules and information technology security requirements. The agreement requests a detailed analysis in the fiscal year 2020 Congressional Justification on the actions SSA has taken to implement this request. The analysis should include a detailed description of any challenges or legal barriers to implementing any option to modernize the disability case processing system. Field Offices.--The agreement is concerned that SSA may be reducing resources for field offices and expects SSA to continue to support frontline operations. In fiscal year 2017, SSA field offices served approximately 42 million visitors, a five percent increase over fiscal year 2015. The high volume of visitors, combined with factors such as complex workloads, shortened public operating hours, and staff shortages, have led to increased wait times in both field offices and the National 800 number. SSA is directed to submit a report to the Committees on Appropriations of the House of Representatives and the Senate within 90 days of enactment of this Act outlining its plan for ensuring that field offices, hearing offices, processing centers, and teleservice centers are receiving sufficient resources to maintain at least the current level of constituent services. Field Office Closures.--There is significant concern about decisions to close field offices that may not be in accordance with law, regulations, and SSA procedures. These critical decisions must comply with Federal law, regulations, and procedures to account for the impact such actions will have on the community. The agreement notes that SSA's Inspector General (IG) is reviewing decisions to close field offices, including whether SSA followed internal procedures in proposing consolidation, notifying the public, and considering feedback from public input. While the IG review is ongoing, the Acting Commissioner should not make any final decisions related to field office locations under review. Further, the agreement encourages SSA to carefully consider and fully implement any IG recommendations that may result from such review. Report on Compassionate Allowances.--The agreement is concerned about SSA's process for identifying Compassionate Allowance (CAL) conditions. The GAO issued a report entitled SSA's Compassionate Allowance Initiative (GAO-17-625), which found that SSA did not have a formal or systematic approach for designating certain medical conditions for the CAL initiative. The agreement directs SSA to submit a report not later than 60 days after the enactment of this Act describing the steps that SSA is taking to identify and evaluate new CAL conditions and to improve the overall management of the process, including the regular review and use of available data to assess the accuracy and consistency of CAL decision- making. Representative Payee Program.--The agreement recognizes the importance of providing oversight of the individuals and organizations serving as representative payees and that the current oversight structure needs improvement. The agreement supports efforts to institute a new, stronger system of oversight through the Federal-State Protection and Advocacy system. The SSA's current contractor has consistently underperformed and is not on track to meet the terms of the contract. In light of the concerns about the existing vendor's performance, the agreement believes it would be inappropriate for SSA to extend its current contract beyond its July 31, 2018 expiration date. Given continued concern over the administration of the program, SSA should expect further Congressional oversight of this situation throughout the coming year. Ticket to Work Program.--The agreement recognizes that the purpose of the Ticket to Work Program is to provide the assistance disabled beneficiaries need to return to work. The agreement notes that a number of evaluations have been done on the Ticket to Work Program, including a 2016 SSA IG Report entitled ``The Ticket to Work Program'' (A-02-17-50203) and independent evaluations by Mathematica Policy Research. In lieu of language in Senate Report 115-150, the agreement directs GAO to submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, and to make such report publicly available. The report shall address the following: the annual benefit savings associated with Tickets in use, the annual cost associated with the Ticket to Work Program (in excess of those that would be made under the SSA's traditional cost-reimbursement to vocational rehabilitation agencies, if the Ticket to Work program did not exist), how these costs and savings compare over time, and whether the Ticket to Work Program has led to increased earnings for beneficiaries and, if it is not possible to make such a determination, the options for a demonstration or study that would be necessary to make such a determination on earnings. Finally, GAO is directed to include any benefits from the Ticket to Work Program that are not captured by the above cost-savings analysis, whether those benefits are quantifiable, and to incorporate the views of beneficiary representatives and other stakeholders in this aspect of the report. Vocational Experts.--The agreement notes that the Office of Hearing Operations (OHO) is developing a solicitation for a market- [[Page H2708]] based approach to acquiring contractors to provide vocational expert testimony. Prior to issuing a solicitation, the agreement requests a report on the market research used to assess the fair and reasonable rate for vocational experts. The report shall also include an assessment of how the market-based approach taken by SSA will ensure vocational experts contracted under the new procurement will have the training and experience to demonstrate a thorough understanding of the impact of impairments on functional abilities, labor market needs, and job placement strategies. The report should also include SSA's process for measuring contractor performance and contractor adherence to requirements on vocational expert qualifications. Work Incentives Planning and Assistance (WIPA) and Protection and Advocacy for Beneficiaries of Social Security (PABSS). The agreement includes $23,000,000 for WIPA and $7,000,000 for PABSS. TITLE V General Provisions The agreement includes language rescinding various unobligated balances.- [[Page H2709]] [GRAPHIC] [TIFF OMITTED] TH220318.497 [[Page H2710]] [GRAPHIC] [TIFF OMITTED] TH220318.498 [[Page H2711]] [GRAPHIC] [TIFF OMITTED] TH220318.499 [[Page H2712]] [GRAPHIC] [TIFF OMITTED] TH220318.500 [[Page H2713]] [GRAPHIC] [TIFF OMITTED] TH220318.501 [[Page H2714]] [GRAPHIC] [TIFF OMITTED] TH220318.502 [[Page H2715]] [GRAPHIC] [TIFF OMITTED] TH220318.503 [[Page H2716]] [GRAPHIC] [TIFF OMITTED] TH220318.504 [[Page H2717]] [GRAPHIC] [TIFF OMITTED] TH220318.505 [[Page H2718]] [GRAPHIC] [TIFF OMITTED] TH220318.506 [[Page H2719]] [GRAPHIC] [TIFF OMITTED] TH220318.507 [[Page H2720]] [GRAPHIC] [TIFF OMITTED] TH220318.508 [[Page H2721]] [GRAPHIC] [TIFF OMITTED] TH220318.509 [[Page H2722]] [GRAPHIC] [TIFF OMITTED] TH220318.510 [[Page H2723]] [GRAPHIC] [TIFF OMITTED] TH220318.511 [[Page H2724]] [GRAPHIC] [TIFF OMITTED] TH220318.512 [[Page H2725]] [GRAPHIC] [TIFF OMITTED] TH220318.513 [[Page H2726]] [GRAPHIC] [TIFF OMITTED] TH220318.514 [[Page H2727]] [GRAPHIC] [TIFF OMITTED] TH220318.515 [[Page H2728]] [GRAPHIC] [TIFF OMITTED] TH220318.516 [[Page H2729]] [GRAPHIC] [TIFF OMITTED] TH220318.517 [[Page H2730]] [GRAPHIC] [TIFF OMITTED] TH220318.518 [[Page H2731]] [GRAPHIC] [TIFF OMITTED] TH220318.519 [[Page H2732]] [GRAPHIC] [TIFF OMITTED] TH220318.520 [[Page H2733]] [GRAPHIC] [TIFF OMITTED] TH220318.521 [[Page H2734]] [GRAPHIC] [TIFF OMITTED] TH220318.522 [[Page H2735]] [GRAPHIC] [TIFF OMITTED] TH220318.523 [[Page H2736]] [GRAPHIC] [TIFF OMITTED] TH220318.524 [[Page H2737]] [GRAPHIC] [TIFF OMITTED] TH220318.525 [[Page H2738]] [GRAPHIC] [TIFF OMITTED] TH220318.526 [[Page H2739]] [GRAPHIC] [TIFF OMITTED] TH220318.527 [[Page H2740]] [GRAPHIC] [TIFF OMITTED] TH220318.528 [[Page H2741]] [GRAPHIC] [TIFF OMITTED] TH220318.529 [[Page H2742]] [GRAPHIC] [TIFF OMITTED] TH220318.530 [[Page H2743]] [GRAPHIC] [TIFF OMITTED] TH220318.531 [[Page H2744]] [GRAPHIC] [TIFF OMITTED] TH220318.532 [[Page H2745]] [GRAPHIC] [TIFF OMITTED] TH220318.533 [[Page H2746]] [GRAPHIC] [TIFF OMITTED] TH220318.534 [[Page H2747]] [GRAPHIC] [TIFF OMITTED] TH220318.535 [[Page H2748]] [GRAPHIC] [TIFF OMITTED] TH220318.536 [[Page H2749]] [GRAPHIC] [TIFF OMITTED] TH220318.537 [[Page H2750]] [GRAPHIC] [TIFF OMITTED] TH220318.538 [[Page H2751]] [GRAPHIC] [TIFF OMITTED] TH220318.539 [[Page H2752]] [GRAPHIC] [TIFF OMITTED] TH220318.540 [[Page H2753]] [GRAPHIC] [TIFF OMITTED] TH220318.541 [[Page H2754]] [GRAPHIC] [TIFF OMITTED] TH220318.542 [[Page H2755]] [GRAPHIC] [TIFF OMITTED] TH220318.543 [[Page H2756]] [GRAPHIC] [TIFF OMITTED] TH220318.544 [[Page H2757]] [GRAPHIC] [TIFF OMITTED] TH220318.545 [[Page H2758]] [GRAPHIC] [TIFF OMITTED] TH220318.546 [[Page H2759]] [GRAPHIC] [TIFF OMITTED] TH220318.547 [[Page H2760]] [GRAPHIC] [TIFF OMITTED] TH220318.548 [[Page H2761]] [GRAPHIC] [TIFF OMITTED] TH220318.549 [[Page H2762]] [GRAPHIC] [TIFF OMITTED] TH220318.550 [[Page H2763]] [GRAPHIC] [TIFF OMITTED] TH220318.551 [[Page H2764]] [GRAPHIC] [TIFF OMITTED] TH220318.552 [[Page H2765]] [GRAPHIC] [TIFF OMITTED] TH220318.553 [[Page H2766]] [GRAPHIC] [TIFF OMITTED] TH220318.554 [[Page H2767]] [GRAPHIC] [TIFF OMITTED] TH220318.555 [[Page H2768]] [GRAPHIC] [TIFF OMITTED] TH220318.556 [[Page H2769]] [GRAPHIC] [TIFF OMITTED] TH220318.557 [[Page H2770]] [GRAPHIC] [TIFF OMITTED] TH220318.558 [[Page H2771]] [GRAPHIC] [TIFF OMITTED] TH220318.559 [[Page H2772]] [GRAPHIC] [TIFF OMITTED] TH220318.560 [[Page H2773]] [GRAPHIC] [TIFF OMITTED] TH220318.561 [[Page H2774]] [GRAPHIC] [TIFF OMITTED] TH220318.562 [[Page H2775]] [GRAPHIC] [TIFF OMITTED] TH220318.563 [[Page H2776]] [GRAPHIC] [TIFF OMITTED] TH220318.564 [[Page H2777]] [GRAPHIC] [TIFF OMITTED] TH220318.565 [[Page H2778]] [GRAPHIC] [TIFF OMITTED] TH220318.566 [[Page H2779]] [GRAPHIC] [TIFF OMITTED] TH220318.567 [[Page H2780]] [GRAPHIC] [TIFF OMITTED] TH220318.568 [[Page H2781]] [GRAPHIC] [TIFF OMITTED] TH220318.569 [[Page H2782]] [GRAPHIC] [TIFF OMITTED] TH220318.570 [[Page H2783]] [GRAPHIC] [TIFF OMITTED] TH220318.571 [[Page H2784]] DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018 The following is an explanation of the effects of Division I, which makes appropriations for the Legislative Branch for fiscal year 2018. Unless otherwise noted, reference to the House and Senate reports are to House Report 115-199 and Senate Report 115-137. The language included in these reports should be complied with and carry the same emphasis as the language included in the explanatory statement, unless specifically addressed to the contrary in this explanatory statement. While repeating some report language for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein. Security: This agreement provides additional resources to the United States Capitol Police and the Sergeants at Arms of both chambers to enhance security for Members of Congress, their staff, and office visitors. Over the past year there have been humbling reminders of the threats Members of Congress and their staff face as public servants. The Congressional community has also been reminded of the heroic capabilities of the men and women of the United States Capitol Police. There is no higher priority in this agreement than providing adequate resources for the physical security of Members and their staff as well as constituents and visitors to the Capitol campus. Reprogramming Guidelines: It is expected that all agencies notify the Committees on Appropriations of the House and the Senate of any significant departures from budget plans presented to the Committees in any agency's budget justifications. In particular, agencies funded through this bill are required to notify the Committees prior to each reprogramming of funds in excess of the lesser of 10 percent or $750,000 between programs, projects or activities, or in excess of $750,000 between object classifications (except for shifts within the pay categories, object class 11, 12, and 13 or as further specified in each agency's respective section). This includes cumulative reprogrammings that together total at least $750,000 from or to a particular program, activity, or object classification as well as reprogramming FTEs or funds to create new organizational entities within the agency or to restructure entities which already exist. The Committees desire to be notified of reprogramming actions which involve less than the above-mentioned amounts if such actions would have the effect of changing an agency's funding requirements in future years or if programs or projects specifically cited in the Committee's reports are affected. Inspectors General Budgets: It is important to ensure independence between Legislative Branch Inspectors General (IG) and their respective reporting agencies. Agencies are directed to include a separate section in their respective future budget justifications reflecting a detailed budget request for the agency's IG Office. Additionally, each IG is directed to keep the Committees on Appropriations of the House and Senate fully apprised of its funding needs, and each agency shall not interfere with, or require approval for, such communications. TITLE I SENATE The agreement includes $919,931,581 for Senate operations. This item relates solely to the Senate, and is in accordance with long practice under which each body determines its own housekeeping requirements and the other concurs without intervention. The requirements of the report requested pursuant to S. Rept. 106-304 related to Senate collections is also requested to include, for all appropriated amounts, the balance of funds, the amount of prudent reserves, and the status, timeline, and cost expectations of future projects. The Secretary of the Senate shall determine the allocations of the Offices under the Senators' Official Personnel and Office Expense Account for fiscal year 2018 by updating the amounts provided under Public Law 111-68 to reflect any applicable adjustments under Public Law 92-607, Public Law 95-94, and Public Law 90-57. ADMINISTRATIVE PROVISIONS The agreement provides for unspent amounts remaining in Senators' Official Personnel and Office Expense Account to be used for deficit or debt reduction and authority for transfer of funds, exempts the Senate from the requirements of 41 U.S.C. 6101, and provides a technical change to the Student Loan Program. HOUSE OF REPRESENTATIVES The agreement includes $1,200,000,766 for House operations. This item relates solely to the House, and is in accordance with long practice under which each body determines its own housekeeping requirements and the other concurs without intervention. Workplace Rights: This agreement provides $5,000,000 to the CAO for workplace rights initiatives. The funds will support mandatory training requirements for all Members and staff included in House Resolution 630, as well as the establishment of the Office of Employee Advocacy created in House Resolution 724. Mandatory training is an important first step to ensure that every Member, staff, intern, fellow and detailee is fully aware of the laws that apply to them and their right to a harassment-free workplace under the Congressional Accountability Act. The Office of Employee Advocacy will provide House employees with immediate access to a dedicated advocate who will provide legal consultation, representation, and assistance on allegations, claims, and complaints under the Congressional Accountability Act in proceedings before the Office of Compliance and Committee on Ethics. House Wellness Program: This agreement provides $380,000 for the establishment of a comprehensive House wellness program. Internships: The Committee believes that House internships should be available to the broadest possible pool of candidates who have the ability and interest to serve. The Committee intends to seek information on the extent to which paid internships could expand the pool of candidates and how such expansion might be implemented to the benefit of Member and Committee offices and their constituents. House Child Care Center Expansion: This agreement provides $12,000,000 for the second phase of the House Child Care Center expansion. While expanding the center which will reduce the lengthy waitlist and create more opportunities for families to utilize the facility, it also provides an opportunity to examine and evaluate the operations of the Center. The CAO is encouraged to work with the House Child Care Center Advisory Board in evaluating current operations and with the expectation any recommendations be implemented in conjunction with the full physical expansion of the Center. Tom Lantos Human Rights Commission: The Tom Lantos Human Rights Commission established in 2008 is charged with promoting, defending and advocating for international human rights. The Commission undertakes public education activities, provides expert human rights advice and encourages Members of Congress to actively engage in human rights matters. After considering testimony from the co- chairs of the Commission an additional $200,000 has been made available to the House Foreign Affairs Committee in order to provide additional support for the Commission's work. ADMINISTRATIVE PROVISIONS The agreement provides for unspent amounts remaining in Members' Representational Allowances account to be used for deficit or debt reduction; prohibits the delivery of bills and resolutions; prohibits the delivery of printed copies of the Congressional Record; places a limitation on amount available to lease vehicles; places a limitation on print copies of the U.S. Code; prohibits delivery of reports of disbursements, daily calendars, and the Congressional Pictorial Directory; amends the House Services Revolving Fund, and repurposes unexpended funds. JOINT ITEMS Joint Economic Committee The agreement includes $4,203,000 for salaries and expenses. Joint Committee on Taxation The agreement includes $11,169,000 for salaries and expenses. Office of the Attending Physician The agreement includes $3,838,000. Office of Congressional Accessibility Services SALARIES AND EXPENSES The agreement includes $1,444,000 for salaries and expenses. Capitol Police SALARIES The agreement includes $351,700,000 for salaries of the Capitol Police. The increase includes necessary half year funds to hire the required officers to staff garage security and additional pre-screeners; half year funding for 48 civilians that will civilianize positions currently staffed by sworn officers to allow the department to better utilize the 48 sworn officers. The total staffing level is expected to be approximately 1,943 sworn and 420 civilian staff. No more than $45,000,000 is recommended for overtime in fiscal year 2018, which includes funds to support the staffing of the Thomas P. O'Neill House Office Building. This provides for approximately 702,280 hours of additional duty. Security: The agreement includes $7,500,000 to enhance Member protection, including funds for increased training, equipment and technology-related support items. The men and women of the Capitol Police have an increasingly difficult mission of protecting Members of Congress and the overall Capitol complex. Their mission can, at times, put them in harm's way. Ensuring these officers have the best tools and resources to carry out their duties is of the upmost importance to Congress. Use of Grounds: Congress understands the need to maintain safety and order on the Capitol grounds and the Capitol Police is commended for their efforts. Given the family-style neighborhood that the Capitol shares with the surrounding community the Committee continues to instruct the Capitol Police to forebear enforcement of 2 U.S.C. 1963 (``an act to protect the public property, turf, and grass of the Capitol Grounds from injury'') and the Traffic Regulations for the United States Capitol Grounds when encountering snow sledders on the grounds. USCP Office of Inspector General: The agreement includes funds to support not less than six FTEs within the USCP Office of Inspector General. GENERAL EXPENSES The agreement includes $74,800,000 for general expenses of the Capitol Police. Office of Compliance SALARIES AND EXPENSES The agreement includes $4,959,000 for salaries and expenses. An increase of $1,000,000 is [[Page H2785]] provided for training and information technology enhancements. Reform: Ensuring and protecting workplace rights of employees is imperative and the funds provided in this act support that effort. Processes to protect workplace rights have been in place for many years but they are not perfect. As Congress considers changes to the Congressional Accountability Act of 1995, which will impact the Office of Compliance's operations, there is a need to strengthen the agency's overall capacity, including the quality of its training and information technology processes. Congressional Budget Office SALARIES AND EXPENSES The agreement includes $49,945,000 for salaries and expenses. Transparency: The Congressional Budget Office (CBO) provides timely, nonpartisan budgetary and economic analysis to support the work of the Congress and its reports and analysis can have far reaching policy implications. The Congress expects CBO to ensure a high level of transparency, while also recognizing the importance of maintaining the agency's professional independence and respecting its analytical processes. There is support for the work that CBO has done in the area of transparency thus far as well as support for the agency's goals to continue to clearly present and explain the methodology and results of CBO's analysis while pursuing opportunities to further enhance transparency. This includes exploring ways to make more supporting documents publicly available for methods used in analysis, cost estimates, and forecasts. ADMINISTRATIVE PROVISION This agreement provides contract parity with the Executive Branch. Architect of the Capitol The agreement includes $712,105,000 for the activities of the Architect of the Capitol (AOC). Office of Inspector General: The AOC IG must maintain a staffing level commensurate with the scale of AOC's vast portfolio of operations, construction, and contract oversight. Within funds provided, the AOC IG is directed to employ not fewer than 14 full-time equivalent positions during fiscal year 2018. The AOC is directed to ensure that sufficient funding is available for contracts and other expenses identified by the AOC IG to fulfill its mission. Custodial Services: The AOC is directed to study the feasibility of consolidating custodial services for all AOC jurisdictions across the Capitol Campus and geographically separated facilities to include leased buildings. The elements of this study should include opportunities and cost savings derived from a shared contract approach within the existing AOC custodial service(s) approaches using in-house operations and/or contractors. The consolidation of future custodial services with the current maintenance and repair services provided by the AOC should support the desired outcome of sustaining and preserving the historic fabric as well as the building materials and architectural accouterments through industry standard cleaning practices that will also reduce the life cycle costs for maintenance and repair for the AOC. The results of this study should be delivered to the Committees on Appropriations of the House and Senate within 180 days of enactment. Capital Construction and Operations The agreement includes $93,478,000 for Capital Construction and Operations. With respect to operations and projects, the following is agreed to: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.......................................... $93,478,000 Total, Capital Construction and Operations................. $93,478,000 ------------------------------------------------------------------------ Capitol Building The agreement includes $45,300,000, for maintenance, care, and operation of the Capitol, of which $19,458,000 shall remain available until September 30, 2022. With respect to operations and projects, the following is agreed to: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.......................................... $25,842,000 Project Budget: Exterior Stone & Metal Preservation, West Facade, Phase 12,125,000 IV.................................................... Kitchen and Exhaust Renovation......................... 1,734,000 Conservation of Fine and Architectural Art............. 599,000 Minor Construction..................................... 5,000,000 ------------ 19,458,000 Total, Capitol Building............................ $45,300,000 ------------------------------------------------------------------------ Capitol Grounds The agreement includes $13,333,000 for the care and improvements of the grounds surrounding the Capitol, House and Senate office buildings, and the Capitol Power Plant, of which $3,195,000 shall remain available until September 30, 2022. With respect to operations and projects, the following is agreed to: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.......................................... $10,138,000 Project Budget: Capitol Square Infrastructure Repair................... 1,195,000 Minor Construction..................................... 2,000,000 ------------ 3,195,000 Total, Capitol Grounds............................. $13,333,000 ------------------------------------------------------------------------ Senate Office Buildings The agreement includes $101,614,000 for the maintenance, care and operation of the Senate office buildings, of which $38,937,000 shall remain available until September 30, 2022. ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.................................... $62,677,000 Project Budget: Senate Underground Garage Renovations and 34,607,000 Landscaping Restoration, Phase III.............. Building Engineering and Safety Parameters....... 330,000 Minor Construction............................... 4,000,000 ------------------ 38,937,000 Total, Senate Office Buildings............... $101,614,000 ------------------------------------------------------------------------ This item relates solely to the Senate and is in accordance with long practice under which each body determines its own housekeeping requirements, and the other concurs without intervention. House Office Buildings The agreement includes $207,294,000 for the care and maintenance of the House Office Buildings, of which $135,130,000 shall remain available until September 30, 2022 and $62,000,000 shall remain available until expended. ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.................................... $62,164,000 Project Budget: Garage Rehabilitation, Phase III, RHOB........... 31,056,000 Garage Rehabilitation, Plaza Waterproofing 3,414,000 Restoration, West............................... Child Care Center Expansion...................... 12,000,000 Security Improvements............................ 17,000,000 CAO Project Support.............................. 3,660,000 Restoration & Renovation, CHOB................... 62,000,000 Minor Construction............................... 6,000,000 ------------------ 135,130,000 House Office Buildings (base program)................ $197,294,000 House Historic Buildings Revitalization Trust 10,000,000 Fund............................................ Total, House Office Buildings........................ $207,294,000 ------------------------------------------------------------------------ This item relates solely to the House and is in accordance with long practice under which each body determines its own housekeeping requirements, and the other concurs without intervention. CAPITOL POWER PLANT In addition to the $9,000,000 made available from receipts credited as reimbursements to this appropriation, the agreement includes $106,694,000 for maintenance, care and operation of the Capitol Power Plant, of which $28,057,000 shall remain available until September 30, 2022. With respect to operations and projects, the following is agreed to: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.................................... $87,637,000 Project Budget: WRP Cooling Tower Renovation and Electrical 19,190,000 Upgrade, Phase IIIA............................. City Water Piping Replacement.................... 2,886,000 Boiler Feedwater Piping Replacement.............. 1,017,000 Cogeneration Management Program.................. 964,000 Minor Construction............................... 4,000,000 ------------------ 28,057,000 Subtotal, Capitol Power Plant........................ $115,694,000 Offsetting Collections................... (9,000,000) ------------------ Total, Capitol Power Plant........................... $106,694,000 ------------------------------------------------------------------------ LIBRARY BUILDINGS AND GROUNDS The agreement includes $74,873,000 for Library of Congress buildings and grounds, of which $47,500,000 shall remain available until September 30, 2022. With respect to operations and projects, the following is agreed to: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.................................... $27,373,000 Project Budget: Collection Storage Module 6, Fort Meade.......... 45,000,000 Minor Construction............................... 2,500,000 ------------------ 47,500,000 Total, Library Buildings and Grounds................. $74,873,000 ------------------------------------------------------------------------ CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY The agreement includes $34,249,000 for Capitol Police Buildings, Grounds, and Security, of which $13,300,000 shall remain available until September 30, 2022. With respect to operations and projects, the following is agreed to: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.................................... $20,949,000 Project Budget: Barrier Lifecycle and Perimeter Security Kiosk 8,300,000 Replacement, Phase II........................... Minor Construction............................... 5,000,000 ------------------ 13,300,000 Total, Capitol Police Buildings, Grounds, and $34,249,000 Security............................................ ------------------------------------------------------------------------ BOTANIC GARDEN The agreement includes $13,800,000 for salaries and expenses for the Botanic Garden, of which $3,000,000 shall remain available until September 30, 2022. With respect to operations and projects, the following is agreed to: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:.................................... $10,800,000 Project Budget: Urban Agriculture................................ 400,000 Minor Construction............................... 2,600,000 ------------------ 3,000,000 Total, Botanic Garden................................ $13,800,000 ------------------------------------------------------------------------ Urban Agriculture: This agreement includes $400,000 for the Botanic Garden to expand its urban agriculture education and outreach programs including a feasibility study and pilot project for a joint outreach program between the Botanic Garden and urban local public gardens that engages citizens in food-insecure, undernourished communities in the production of nutrition-rich, healthy foods, and which includes educational, job training, and therapeutic horticultural and agricultural components. CAPITOL VISITOR CENTER The agreement includes $21,470,000 for the Capitol Visitor Center. ADMINISTRATIVE PROVISIONS The agreement prohibits payments of bonuses to contractors behind schedule or over [[Page H2786]] budget; and prohibits expenditure of funds for scrims for projects performed by the Architect of the Capitol. library of congress salaries and expenses The agreement includes $470,667,000 in direct appropriations and authority to spend receipts of $6,350,000. This amount includes $9,494,000 for Enterprise Investment in Information Technology Modernization, $297,000 for Office of Inspector General Expanded Information Technology Audit Capabilities, $2,349,000 for the Veterans History Project and $8,653,000 for the Teaching with Primary Sources program. The increased funding in the agreement provides requested funding for maintaining the workforce, information technology, and custodial services. Thomas Jefferson Building Experience: The recently revealed Visitor Experience Plan for the Library of Congress' Thomas Jefferson Building is an initiative that has support in Congress. The proposed concept will enhance the Library's ability to bring the nation's collections and history out of the vaults and into public spaces. With enhancements to exhibition spaces and development of learning centers, the Library can maximize the experience for its nearly two million annual visitors. The proposed funding for this initiative involves a public/private partnership, which has been a successful strategy for many similar institutions' efforts to showcase our nation's treasures. This agreement includes a total of $10,000,000, for enhancements to the public exhibits and visitor services at the Library. Of that amount, $2,000,000 is immediately available until September 30, 2020 to begin planning, including developing a detailed budget justification. The budget justification shall provide the following: 1) An overall acquisition plan with project timelines; 2) Direct and indirect cost estimates developed in conjunction with the Architect of the Capitol; 3) Projected financial impact of this capital project on the Library's operating budget; 4) Total cost estimates for: design services; construction; construction management services; project management services; and a contingency allowance. The plan should also ensure consideration of historic preservation. The remaining $8,000,000 will become available only upon written approval by the Chair and Ranking Member of the Subcommittee on the Legislative Branch of the Committee on Appropriations of the House of Representatives and by the Chair and Ranking Member of the Subcommittee on the Legislative Branch of the Committee on Appropriations of the Senate, following review of the project's budget justification and cost estimate. It is expected that the Library provide to the Committees on Appropriations of the House and Senate a budget justification that is comprehensive in nature and includes elements consistent with other project justifications in the past, prior to consideration of future funding requests for this project. Memoranda of Understanding (MOU): The Library of Congress maintains several agreements with other Legislative Branch agencies to provide a range of support services. It is important that the Library works to ensure that the service level agreements within the MOUs are fully met. Preservation: The agreement defers to the Senate report language. National Film and Sound Recording Preservation Programs: The agreement incorporates language in Senate Report 115-137 related to the Library's National Film and Sound Recording Preservation Programs, and it is expected that the Library will provide full support to these programs. COPYRIGHT OFFICE SALARIES AND EXPENSES The agreement includes $28,446,000 in direct appropriations to the Copyright Office which fully funds the agency's amended request. An additional $41,305,000 is made available from receipts for salaries and expenses and $2,260,000 is available from prior year unobligated balances. Modernization: Modernizing the Copyright Office and bringing its processes into the 21st Century has wide-spread support within Congress, and this act provides funds to further that effort. To date, the collaboration between the Copyright Office and the Library's Office of Chief Information Officer on modernization efforts has been promising. That collaboration is expected to continue, while allowing for mission-specific modernization requirements to be defined by the Copyright Office. As with many information technology (IT) projects there are many phases, some forward facing, some not. Much of the IT modernization work to date has been behind the scenes building a strong foundation for the long-term IT modernization strategy. However, there is an expectation that external Copyright users will begin to see and benefit from the progress being made. As new modernized processes are rolled out it is important to solicit feedback from the external Copyright community and to consider that feedback with efforts moving forward. CONGRESSIONAL RESEARCH SERVICE SALARIES AND EXPENSES The agreement includes $119,279,000 for salaries and expenses. Public Access to CRS Reports: The bill includes a provision directing the Library of Congress's Congressional Research Service (CRS) to make available to the public all non- confidential CRS products on a website operated and maintained by the Library of Congress. Non-confidential CRS products include any written CRS products containing research or analysis that are currently available for general congressional access on the CRS Congressional Intranet, or that would be made available on the CRS Congressional Intranet in the normal course of business. Non-confidential CRS reports do not include material prepared in response to Congressional requests for confidential analysis or research. The published products are to be made available in a standard format, such as PDF. CRS reports are funded by taxpayers and should be made available to citizens, schools and libraries across the country. Ensuring these products are made publicly available is in keeping with the Committees' priority of full transparency to the American people; however, CRS is not expected or directed to respond to requests from the public, and its core mission will continue to be to provide support to the Congress. Within 60 days of enactment of this act CRS, in consultation with the Library of Congress, shall provide to the relevant oversight Committees, including the House and Senate Appropriations Committees, a plan for making these reports available by the end of Fiscal Year 2018, as well as any associated cost estimates. Congressional Research Service Modernization: Included in the agreement is $4,000,000 to begin modernization of CRS's mission-specific information systems to increase efficiency of the office while protecting confidentiality of congressional data. Supporting Areas of High Congressional Demand: The agreement includes $753,000 for eight additional support staff to handle routine requests, allowing senior staff to focus on more highly analytical research. BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED SALARIES AND EXPENSES The agreement includes $51,498,000 for salaries and expenses. National Library Service: The National Library Service for the Blind and Physically Handicapped (NLS) has been headquartered for over 50 years in a privately leased building in Northwest, Washington, D.C. which is in need of substantial renovations to meet program requirements. Library of Congress and NLS leadership have expressed a desire to move the headquarters closer to the Library's main campus. NLS believes being in closer proximity to the Library will improve management efficiencies by integrating into existing Library infrastructure, reduce support service costs, reduce lease costs, and enhance various program synergies. Available office space exists at the Government Publishing Office (GPO) to meet NLS's needs. NLS, GPO, and the Architect of the Capitol are directed to study the feasibility of this move and provide cost estimates to their committees of oversight. ADMINISTRATIVE PROVISIONS The agreement includes provisions regarding reimbursable and revolving funds, updates to revolving fund returns to allow the Library of Congress to accept fees for services currently provided, allowing the Library of Congress to accept gifts of goods and services, providing coverage for Library of Congress employees under the Congressional Accountability Act, and providing equal access to non- confidential Congressional Research Service products. GOVERNMENT PUBLISHING OFFICE CONGRESSIONAL PUBLISHING (INCLUDING TRANSFER OF FUNDS) The agreement includes $79,528,000 for authorized publishing, printing and binding for the Congress. PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF DOCUMENTS SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The agreement includes $29,000,000. GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS REVOLVING FUND The agreement includes $8,540,000. GOVERNMENT ACCOUNTABILITY OFFICE SALARIES AND EXPENSES The agreement includes $578,916,653 in direct appropriations for salaries and expenses of the Government Accountability Office (GAO). In addition, $23,800,000 is available from offsetting collections. The agreement provides $6,000,000 for information technology projects and $4,000,000 for facility management and services projects. The agreement also provides for statutory authority related to property management. Inspector General Reports: With the creation of Oversight.gov, which compiles non-confidential Inspector General (IG) reports from agencies across the Federal Government, the agreement no longer requires the report requested in Senate Report 115-137 and House Report 115-199 for GAO to examine the availability of such reports by individual IG offices. OPEN WORLD LEADERSHIP CENTER TRUST FUND The agreement includes $5,600,000. JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT The agreement includes $430,000. TITLE II--GENERAL PROVISIONS The agreement continues provisions related to maintenance and care of private vehicles; fiscal year limitations; rates of compensation and designation; consulting services; costs of the LBFMC; limitation on transfers; and guided tours of the Capitol. [[Page H2787]] [GRAPHIC] [TIFF OMITTED] TH220318.572 [[Page H2788]] [GRAPHIC] [TIFF OMITTED] TH220318.573 [[Page H2789]] [GRAPHIC] [TIFF OMITTED] TH220318.574 [[Page H2790]] [GRAPHIC] [TIFF OMITTED] TH220318.575 [[Page H2791]] [GRAPHIC] [TIFF OMITTED] TH220318.576 [[Page H2792]] [GRAPHIC] [TIFF OMITTED] TH220318.577 [[Page H2793]] [GRAPHIC] [TIFF OMITTED] TH220318.578 [[Page H2794]] [GRAPHIC] [TIFF OMITTED] TH220318.579 [[Page H2795]] [GRAPHIC] [TIFF OMITTED] TH220318.580 [[Page H2796]] [GRAPHIC] [TIFF OMITTED] TH220318.581 [[Page H2797]] [GRAPHIC] [TIFF OMITTED] TH220318.582 [[Page H2798]] [GRAPHIC] [TIFF OMITTED] TH220318.583 [[Page H2799]] [GRAPHIC] [TIFF OMITTED] TH220318.584 [[Page H2800]] DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 The following is an explanation of the effects of Division J, which makes appropriations for Military Construction, Veterans Affairs, and Related Agencies for fiscal year 2018. Unless otherwise noted, reference to the House and Senate reports are to House Report 115-188 and Senate Report 115- 130. The language set forth in House Report 115-188 and Senate Report 115-130 should be complied with and carry the same emphasis as the language included in the joint explanatory statement, unless specifically addressed to the contrary in this joint explanatory statement. While repeating some report language for emphasis, this joint explanatory statement does not intend to negate the language referred to above unless expressly provided herein. In cases in which the House or the Senate has directed the submission of a report, such report is to be submitted to both Houses of Congress. House or Senate reporting requirements with deadlines prior to, or within 15 days after enactment of this Act shall be submitted no later than 60 days after enactment of this Act. All other reporting deadlines not specifically directed by this joint explanatory statement are to be met. TITLE I DEPARTMENT OF DEFENSE Bid Savings.--Cost variation notices required by 10 U.S.C. 2853 continue to demonstrate the Department of Defense continues to have bid savings on previously appropriated military construction projects. Therefore, the agreement includes rescissions to the NATO Security Investment Program and Army Family Housing Construction accounts. The Secretary of Defense is directed to continue to submit 1002 reports on military construction bid savings at the end of each fiscal quarter to the Committees. Naval Shipyard Modernization.--On February 12, 2018 the Secretary of the Navy transmitted a Shipyard Infrastructure Optimization Plan as directed by Senate Report 115-130 accompanying the fiscal year 2018 Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The report seeks to, among other requirements, assess existing facilities for efficiencies and address future infrastructure requirements at public shipyards and includes a master plan for each shipyard, including, but not limited to, capital equipment and facility investment requirements. These first steps taken by the Department of the Navy to identify gaps are important and the Secretary of the Navy is urged to adequately prioritize public shipyard infrastructure, in particular dry dock and shore infrastructure needs to support critical maintenance of surface and submarine fleets. Coastal Erosion and Sea-Level Rise.--Sea level rise and flooding on facilities, particularly at DOD's coastal military installations, both in the United States and overseas continue to have harmful impacts. In a report to Congress in January 2018 regarding the security implications of climate-related risks, the Department noted it had conducted a preliminary screening-level assessment to determine installation vulnerabilities to climate-related security risks with the goal of identifying serious vulnerabilities and developing necessary adaptation strategies. The report identified numerous installations that experienced climate-related effects affecting, among others, airfield operations, transportation, and energy infrastructure, as well as training facilities. However, the Department has not developed a comprehensive adaptation approach, nor has it provided estimated costs associated with implementing such a strategy. Therefore, the Comptroller General is directed to undertake a study of DOD's progress in developing a means to account for potentially damaging weather in project design, and to report to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act. At a minimum, the Comptroller General should answer the following questions: (1) What is known about the historical and projected costs for facilities maintenance and repair beyond expected repair costs of DOD infrastructure stemming from damage or degradation caused by sea level rise and weather effects associated with climate change; (2) What best practices has DOD adopted for incorporating climate change adaptation into the design of military construction or facilities sustainment, restoration, or modernization projects; and (3) To what extent has DOD developed a systematic process for ensuring climate change or severe weather effects are accounted for in the design of military construction and facilities sustainment, modernization, or restoration projects. MILITARY CONSTRUCTION, ARMY The agreement provides $923,994,000 for Military Construction, Army. Within this amount, the agreement provides $101,470,000 for study, planning, design, architect and engineer services, and host nation support. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. Sunflower Army Ammunition Plant.--The U.S. Army is currently managing the environmental remediation of the Sunflower Army Ammunition Plant (SFAAP) property in excess of 9,000 acres in DeSoto, Kansas, which was conveyed to Sunflower Redevelopment, LLC (SRL) through the Army and the General Services Administration on August 3, 2005. Ten years after the conveyance, on October 29, 2015, the Army reinforced its responsibility in writing, ``the Army is committed to programming the necessary resources to carry out a long-term clean-up and has, for execution in fiscal year 2016, awarded several services contracts for the short-term requirements.'' The Army further wrote it would ``issue competitively sourced clean-up contracts, with Army oversight to ensure its Comprehensive Environmental Response, Compensation, and Liabilities Act (CERCLA) Sec. 120(h) obligation at Sunflower.'' The Army confirmed its intention ``to conduct in-depth coordination with Sunflower Redevelopment, LLC (SRL) to ensure SRL's redevelopment priorities are synchronized with the Army managed clean-up activities.'' However, the Army has neglected to communicate regularly with SRL and far less than the in-depth coordination commitment made by the Army. The Army is conducting ongoing risk assessments of contaminated portions of SFAAP and is directed to work in consultation and coordination with SRL to ensure transparency. The findings and recommendations of such assessments should receive approval from State and Federal regulators regarding allowable levels of contaminants including, but not limited to, pesticides, asbestos or other contaminants subject to remediation for commercial use of the property. The Secretary of the Army is directed to deliver the assessment and brief the Committees on Appropriations of both Houses of Congress on its findings and to provide a plan that ensures SRL's redevelopment priorities are synchronized with Army managed cleanup activities. Badger Army Ammunition Plant.--In 2011, an Army Feasibility Study concluded that an offsite drinking water treatment system was needed as part of a comprehensive groundwater cleanup remedy for the former Badger Army Ammunition Plant (BAAP). Accordingly, in 2015, the Town of Merrimac, Wisconsin, designed and approved a sanitation district required by the Army to support such a system, and as recently as May 2016, the Army noted in writing that ``design of the municipal drinking water system has been initiated.'' Recently, however, the Army reversed its plans to construct and operate the drinking water system. This decision, its potential to delay the provision of clean drinking water to homes near the site, and the Army's lack of public communication regarding the decision is concerning. Therefore, the Army is directed to conduct required human health risk assessments expeditiously, and if needed, use expedited contracting authorities. Additionally, the Army should hold regular public meetings to update and engage with local stakeholders and integrate local priorities in its remediation plans. Furthermore, within 90 days of enactment of this Act, the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress a report and provide a corresponding briefing regarding the Army's rationale and process for approving plans to construct and operate a drinking water system and its subsequent decision to terminate such plans, as well as the Army's completed and planned actions for environmental restoration at the site. Conveyance of property.--The Army is proposing to convey 17.1 acres of land known as Shenandoah Square and the 126 existing housing units to raise capital to improve other military housing owned by private entities. Under the proposed action, the existing 126 housing units would be demolished to allow for the construction of high-density residential housing. The residents have expressed concern about the displacement from Shenandoah Square as it is in one of the most expensive housing markets in the country and the uncertainty about the affordability of new potential housing on the site. Therefore, the Department of the Army is urged to explore all possible alternatives to a conveyance of Shenandoah Square, including a sublease of the property to an entity that can better develop affordable housing on the property. MILITARY CONSTRUCTION, NAVY AND MARINE CORPS The agreement provides $1,553,275,000 for Military Construction, Navy and Marine Corps. Within this amount, the agreement provides $219,069,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. Marine Corps fire stations.--The Marine Corps has been neglecting fire station new construction and renovation over the years and funding for military construction of new stations has been deferred to the out years of budget submissions. Many of the fire stations are deteriorating and antiquated, creating significant life, safety, and health concerns. Therefore, the Secretary of the Navy is directed to prioritize funding for fire stations in a much timelier manner and submit to the congressional defense committees a list of how those requirements will be incorporated into their construction requests for the out years. Fire stations are valuable assets that should be maintained in a manner that will ensure appropriate response time and their vital role in protecting U.S. national security assets on military installations. MILITARY CONSTRUCTION, AIR FORCE The agreement provides $1,543,558,000 for Military Construction, Air Force. Within this amount, the agreement provides $97,852,000 for study, planning, design, architect and engineer services. The agreement [[Page H2801]] also provides an additional $10,000,000 to supplement unspecified minor military construction. MILITARY CONSTRUCTION, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) The agreement provides $2,811,513,000 for Military Construction, Defense-Wide. Within this amount, the agreement provides $210,717,000 for study, planning, design, architect and engineer services, an increase of $35,000,000. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. Army Corps of Engineers projects within the Defense Health Agency.--The Army Corps of Engineers (the Corps) has an extremely large portfolio including executing Defense Health Agency (DHA) construction projects. There is great concern for cost overruns and poor execution of Corps projects. The Corps currently has 45 active DHA construction projects underway worldwide where there is a definitive need for effective and efficient project management. Therefore, the Acting Director of the Facilities Division within DHA is directed to provide quarterly reports to the congressional defense committees on the progress of all hospital construction projects to include any settlements that have been reached for contractor error or project management deficiencies. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD The agreement provides $220,652,000 for Military Construction, Army National Guard. Within this amount, the agreement provides $16,271,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. MILITARY CONSTRUCTION, AIR NATIONAL GUARD The agreement provides $171,491,000 for Military Construction, Air National Guard. Within this amount, the agreement provides $18,000,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. MILITARY CONSTRUCTION, ARMY RESERVE The agreement provides $83,712,000 for Military Construction, Army Reserve. Within this amount, the agreement provides $6,887,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. MILITARY CONSTRUCTION, NAVY RESERVE The agreement provides $95,271,000 for Military Construction, Navy Reserve. Within this amount, the agreement provides $24,430,000 for study, planning, design, architect and engineer services, an increase of $20,000,000. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. MILITARY CONSTRUCTION, AIR FORCE RESERVE The agreement provides $73,535,000 for Military Construction, Air Force Reserve. Within this amount, the agreement provides $4,725,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM The agreement provides $177,932,000 for the North Atlantic Treaty Organization Security Investment Program, an increase of $23,932,000. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT The agreement provides $310,000,000 for the Department of Defense Base Closure Account, an increase of $54,133,000 above the request. The additional funding is for the Department to accelerate environmental remediation at installations closed under previous Base Realignment and Closure rounds. Accelerated cleanup.--The agreement includes additional funding to accelerate environmental remediation at installations closed during previous Base Realignment and Closure (BRAC) rounds. Priority should be given to those sites with newly identified radiological cleanup cost. There are many factors hindering the cleanup of BRAC sites. However, strategic investments can lead to quicker clean-ups and faster turnover of DOD property to the local community. Therefore, the Department is directed to submit to the congressional defense committees a spend plan for the additional BRAC funds not later than 30 days after enactment of this Act. Perfluorinated chemicals.--Perfluorinated chemical (PFC) contaminants linked to a firefighting agent formerly used by the DOD have been identified in water systems near military installations closed during previous Base Realignment and Closure (BRAC) rounds. Identification, testing, response, and prevention activities are ongoing and will require significant attention in future budget requests. Therefore, the Secretary of the Air Force is urged to prioritize PFC- contaminated sites when considering BRAC cleanup project funding requested through this account and to move forwards with short- and long-term remediation efforts as expeditiously as possible. DEPARTMENT OF DEFENSE Family Housing FAMILY HOUSING CONSTRUCTION, ARMY The agreement provides $182,662,000 for Family Housing Construction, Army. FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY The agreement provides $348,907,000 for Family Housing Operation and Maintenance, Army. FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS The agreement provides $83,682,000 for Family Housing Construction, Navy and Marine Corps. FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS The agreement provides $328,282,000 for Family Housing Operation and Maintenance, Navy and Marine Corps. FAMILY HOUSING CONSTRUCTION, AIR FORCE The agreement provides $85,062,000 for Family Housing Construction, Air Force. FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE The agreement provides $318,324,000 for Family Housing Operation and Maintenance, Air Force. FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE The agreement provides $59,169,000 for Family Housing Operation and Maintenance, Defense-Wide. DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND The agreement provides $2,726,000 for the Department of Defense Family Housing Improvement Fund. DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND The agreement provides $623,000 for the Department of Defense Military Unaccompanied Housing Improvement Fund. ADMINISTRATIVE PROVISIONS (Including Transfers and Rescissions of Funds) The agreement includes section 101 limiting the use of funds under a cost-plus-a-fixed-fee contract. The agreement includes section 102 allowing the use of construction funds in this title for hire of passenger motor vehicles. The agreement includes section 103 allowing the use of construction funds in this title for advances to the Federal Highway Administration for the construction of access roads. The agreement includes section 104 prohibiting construction of new bases in the United States without a specific appropriation. The agreement includes section 105 limiting the use of funds for the purchase of land or land easements that exceed 100 percent of the value. The agreement includes section 106 prohibiting the use of funds, except funds appropriated in this title for that purpose, for family housing. The agreement includes section 107 limiting the use of minor construction funds to transfer or relocate activities. The agreement includes section 108 prohibiting the procurement of steel unless American producers, fabricators, and manufacturers have been allowed to compete. The agreement includes section 109 prohibiting the use of construction or family housing funds to pay real property taxes in any foreign nation. The agreement includes section 110 prohibiting the use of funds to initiate a new installation overseas without prior notification. The agreement includes section 111 establishing a preference for American architectural and engineering services for overseas projects. The agreement includes section 112 establishing a preference for American contractors in United States territories and possessions in the Pacific and on Kwajalein Atoll and in countries bordering the Arabian Gulf. The agreement includes section 113 requiring congressional notification of military exercises when construction costs exceed $100,000. The agreement includes section 114 allowing funds appropriated in prior years for new projects authorized during the current session of Congress. The agreement includes section 115 allowing the use of expired or lapsed funds to pay the cost of supervision for any project being completed with lapsed funds. The agreement includes section 116 allowing military construction funds to be available for five years. The agreement includes section 117 allowing the transfer of funds from Family Housing Construction accounts to the Family Housing Improvement Program. The agreement includes section 118 allowing transfers to the Homeowners Assistance Fund. The agreement includes section 119 limiting the source of operation and maintenance funds for flag and general officer quarters and allowing for notification by electronic medium. The provision also requires an annual report on the expenditures of each quarters. The agreement includes section 120 extending the availability of funds in the Ford Island Improvement Account. The agreement includes section 121 allowing the transfer of expired funds to the Foreign Currency Fluctuations, Construction, Defense account. The agreement includes section 122 restricting the obligation of funds for relocating an Army unit that performs a testing mission. [[Page H2802]] The agreement includes section 123 allowing for the reprogramming of construction funds among projects and activities subject to certain criteria. The agreement includes section 124 prohibiting the obligation or expenditure of funds provided to the Department of Defense for military construction for projects at Arlington National Cemetery. The agreement includes section 125 providing additional planning and design and construction funds for various Military Construction accounts. The agreement includes section 126 rescinding funds from prior Appropriation Acts from various accounts. The agreement includes section 127 defining the congressional defense committees. The agreement includes section 128 prohibiting the use of funds in this Act to close or realign Naval Station Guantanamo Bay, Cuba. The provision is intended to prevent the closure or realignment of the installation out of the possession of the United States, and maintain the Naval Station's long-standing regional security and migrant operations missions. The agreement includes section 129 restricting funds in the Act to be used to consolidate or relocate any element of Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer until certain conditions are met. The agreement includes section 130 directing all amounts appropriated to ``Military Construction, Defense-Wide'' be immediately available and allotted for the full scope of authorized projects. The agreement include section 131 providing additional funding for Defense Access Roads. [[Page H2803]] [GRAPHIC] [TIFF OMITTED] TH220318.585 [[Page H2804]] [GRAPHIC] [TIFF OMITTED] TH220318.586 [[Page H2805]] [GRAPHIC] [TIFF OMITTED] TH220318.587 [[Page H2806]] [GRAPHIC] [TIFF OMITTED] TH220318.588 [[Page H2807]] [GRAPHIC] [TIFF OMITTED] TH220318.589 [[Page H2808]] [GRAPHIC] [TIFF OMITTED] TH220318.590 [[Page H2809]] [GRAPHIC] [TIFF OMITTED] TH220318.591 [[Page H2810]] [GRAPHIC] [TIFF OMITTED] TH220318.592 [[Page H2811]] [GRAPHIC] [TIFF OMITTED] TH220318.593 [[Page H2812]] [GRAPHIC] [TIFF OMITTED] TH220318.594 [[Page H2813]] [GRAPHIC] [TIFF OMITTED] TH220318.595 [[Page H2814]] [GRAPHIC] [TIFF OMITTED] TH220318.596 [[Page H2815]] [GRAPHIC] [TIFF OMITTED] TH220318.597 [[Page H2816]] TITLE II DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Compensation and Pensions (including transfer of funds) The agreement provides $95,768,462,000 for Compensation and Pensions in advance for fiscal year 2019. Of the amount provided, not more than $17,882,000 is to be transferred to General Operating Expenses, Veterans Benefits Administration (VBA) and Information Technology Systems for reimbursement of necessary expenses in implementing provisions of title 38. READJUSTMENT BENEFITS The agreement provides $11,832,175,000 for Readjustment Benefits in advance for fiscal year 2019. VETERANS INSURANCE AND INDEMNITIES The agreement provides $109,090,000 for Veterans Insurance and Indemnities in advance for fiscal year 2019, as well as an additional $12,439,000 for fiscal year 2018. VETERANS HOUSING BENEFIT PROGRAM FUND The agreement provides such sums as may be necessary for costs associated with direct and guaranteed loans for the Veterans Housing Benefit Program Fund. The agreement limits obligations for direct loans to not more than $500,000 and provides that $178,626,000 shall be available for administrative expenses. VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT The agreement provides $30,000 for the cost of direct loans from the Vocational Rehabilitation Loans Program Account, plus $395,000 to be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration. The agreement provides for a direct loan limitation of $2,356,000. As indicated in the House report, the Secretary is directed to provide the Committees on Appropriations of both Houses of Congress (``the Committees''') options to support greater utilization of the Home Loan Program in locations with a large veteran population and competitive housing markets. NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT The agreement provides $1,163,000 for administrative expenses of the Native American Veteran Housing Loan Program Account. GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION The agreement provides $2,910,000,000 for General Operating Expenses, Veterans Benefits Administration and makes available not to exceed 10 percent of this funding until the end of fiscal year 2019. The agreement provides $66,000,000 above the request and intends that the increase be used for the Veterans Claims Intake Program; additional claims and appellate staff; increased staff for the Vocational Rehabilitation and Employment program; and overtime payments, as necessary. Equitable relief.--As described in the House report, the Secretary is directed to continue to grant or extend equitable relief to eligible veterans initially deemed eligible in instances of administrative error. Compensation claims for Camp Lejeune contaminated water veterans.--There is concern regarding the lack of consistency in the Department's handling of disability compensation claims for veterans, former reservists, and former National Guard members who served at Marine Corps Base Camp Lejeune for no less than 30 days (consecutive or nonconsecutive) between August 1, 1953 and December 31, 1987. VA established a presumption of service connection for eight diseases associated with exposure to contaminants in the water supply at Camp Lejeune during that period. The Department made the decision to subject nonpresumptive Camp Lejeune Contaminated Water (CLCW) exposure claims to a higher level of scrutiny than is applied to other exposure claims and did so without providing notice or an opportunity for public comment. In addition, no other toxic exposure claims require a positive medical opinion to warrant service connection. The evidentiary burden VA requires for CLCW nonpresumptive exposure claims is significantly greater than the standard used for Agent Orange or any other exposure claims. Furthermore, there currently exists a wealth of ``competent medical evidence'' specific to diseases related to exposure to contaminated water at Camp Lejeune, as published by the Agency for Toxic Substances and Disease Registry (ATSDR), the Institute of Medicine (IoM), and other government-sanctioned medical experts. Nevertheless, the Department's same Clinical Subject Matter Experts (SMEs), who provide medical opinions, have routinely rejected ATSDR and IoM's findings without providing any justification or explanation for doing so. The Department is directed to conduct a Special Focus Review for the CLCW claims process and submit the results of the review to the Committees no later than 180 days after enactment of this Act. The report should also address the lack of consistency for CLCW claims as compared to other non- presumptive and exposure claims, as well as answer the following questions: (1) Why did the Department determine it was necessary to ``create a process that fell outside of the traditional Compensation and Pension (C&P) examination process''' for Camp Lejeune exposure claims? (2) The Department has stated that ``SMEs are required to be familiar with the study of Environmental & Occupational Medicine and Toxicology due to the specialized nature of these claims.'' (a) Explain what the Department means by ``the specialized nature of these claims.'' (b) Explain how and why this process differs from the C&P examination process for Agent Orange or other exposure claims. (c) What are the educational, practical, or other requirements that a VHA employee must meet in order to qualify as a ``Subject Matter Expert'' who can adjudicate Camp Lejeune Contaminated Water claims? (3) What justification did the Department use to require a positive medical opinion to warrant service connection for every single non-presumptive claim for CLCW veterans? (a) What evidence is there to demonstrate the necessity of establishing such a process? (b) What evidence is there to demonstrate the impact that such extraordinary evidentiary requirements have had on the processing of CLCW exposure claims? (4) What percentage of non-presumptive claims (VA wide) are currently referred to VHA Clinical SMEs for a medical opinion? (5) Why does the Department require an evidentiary standard greater than ``competent medical evidence'' for CLCW claims? (6) Does the Department consider the ATSDR and IoM reports on diseases associated with exposure to contaminated water at Camp Lejeune to be ``competent medical evidence?'' (a) If so, why has the Department refused to accept these findings as sufficient medical evidence to establish a nexus of service connection? (b) If not, why does the Department apply a different definition of ``competent medical evidence'' to CLCW claims than it applies to Agent Orange claims? (7) Is there any other type of claim for which the Department requires a positive medical opinion from a VHA clinical Subject Matter Expert on each claim? VETERANS HEALTH ADMINISTRATION Overview As described in the Senate report, the Secretary is directed to establish relationships with personnel divisions at the Departments of Defense (DOD) and Homeland Security to enable rapid hiring by the Department of Veterans Affairs (VA) of separating service members. MEDICAL SERVICES The agreement provides $49,161,165,000 in advance for fiscal year 2019 for Medical Services and makes $1,400,000,000 of the advance available through fiscal year 2020. The agreement also provides $1,962,984,000 for fiscal year 2018 in addition to the advance appropriation provided last year. Given that there may be significant unfunded liabilities created by the winding down of the Choice Act, the agreement continues to include bill language in section 229 permitting the transfer of funding from multiple VA appropriations accounts to Medical Services to address unfunded needs. The agreement includes bill language requiring the Secretary to ensure that sufficient amounts are available for the acquisition of prosthetics designed specifically for female veterans. Allocations.--At the beginning of fiscal year 2018, without public notice, the Department considered fundamentally changing the manner in which Medical Services allocations were made to the Veterans Integrated Service Networks (VISNs). Specifically, consideration was being given to converting almost $1,000,000,000 of Specific Purpose funding to General Purpose funding. After consultation with Congress regarding the unknown and potentially serious impacts the conversion could have to programs, such as the successful Housing and Urban Development-Veterans Affairs Supportive Services program, the Department ceased implementation and determined that conversion to General Purpose funding would not go forward in fiscal year 2018. In order to provide for transparency and ensure Congressional oversight and deliberation, in the future, the VA is directed to consult with the Committees on Appropriations and the Committees on Veterans Affairs of both Houses of Congress before any attempt is made to change the manner in which funding allocations are made to the field, and to propose these types of changes in an annual budget submission. Opioid abuse.--The agreement provides the estimated $329,953,000 VA will spend on inpatient and outpatient treatment, methadone and other pharmacy-related costs related to opioid abuse; $55,821,000 to continue to implement opioid safety initiatives outlined as part of the Comprehensive Addiction and Recovery Act; and $48,778,000 for the Justice Outreach and Prevention program. In addition to these amounts, the agreement also includes $270,000,000 for the Office of Rural Health's Rural Health Initiative, which funds several pilot projects aimed at treating and preventing opioid abuse, including projects focused on alternatives to opioid-centered pain management in rural, highly rural, and remote areas. In addition to the funding levels described above, all directives regarding opioid prevention, treatment, safety, and drug monitoring programs in both Senate Report 115-130 and House Report 115-188 shall be complied with. Overmedication.--As indicated in the Senate report, and in addition to the funding levels highlighted for opioid abuse above, the agreement provides $500,000 for the National Academies of Sciences, Engineering, and Medicine to conduct an assessment of the potential overmedication of veterans during fiscal years 2010 to 2017 that led to suicides, deaths, mental disorders, and combat-related traumas. [[Page H2817]] Mental health.--The agreement provides the full budget request for all VA mental health services and programs of $8,385,202,000, with an additional $10,000,000 provided for the Veterans Crisis Line, an additional $22,002,000 above the request provided for the National Centers for Posttraumatic Stress Disorder, and an additional $10,000,000 to the Clay Hunt pilot programs. The agreement includes $40,000,000 for the National Centers and $99,044,000 for the Veterans Crisis Line. The additional Clay Hunt funding will provide new funding to each pilot site to incorporate best practices and funding for new pilot sites in highly rural areas. Overall, the agreement includes $186,128,000 for suicide prevention outreach. Staffing shortages.--As indicated in the Senate report, VA is directed to ensure that the brain bank and the consultation program for providers, particularly in rural areas, have the appropriate number of full-time staff. Suicide hotline.--The agreement includes bill language in section 232 that was contained in the House bill which requires certain professional standards for the suicide hotline. As indicated in the House report, the Secretary is urged to develop a basic training protocol for all VA employees who deal with veterans in crisis, not only those who staff the suicide hotline, as well as community providers who deal with veterans. Women's health.--While VA has made efforts to address the needs of female veterans, many still often report feeling unrecognized and underappreciated. To better assist female veterans and increase their knowledge of the services and benefits to which they are entitled, the agreement provides $512,000,000 for gender-specific healthcare, which is $20,000,000 above the fiscal year 2018 budget estimate. Furthermore, the Secretary should make it a top priority to increase female veterans' access and utilization of VA benefits and services. There are several areas where VA could improve the quality of life for female veterans. One area that needs improvement is access to mental healthcare services. Many female veterans are faced with disabling mental health issues when they leave active duty. Therefore, VA is directed to renew its focus on improving access to mental health services for female veterans and to work to ensure that female veterans' psychological needs are met. In addition to mental healthcare access, VA must ensure that VA facilities can meet the needs of female veterans. Currently, women make up 15 percent of the active military and are a growing segment of the veteran population. According to the 1990 Census, there were 1.2 million women veterans. By the next census in 2000, that number increased to 1.6 million, with 1.74 million at the end of the fiscal year 2010, and it is projected to increase to 1.9 million in 2020. However, even with this growth in the female veteran population, numerous VA facilities are still primarily designed to meet the needs of male veterans. Consequently, the agreement directs VA to describe the locations where VA facilities do not meet the standards established in 2010 specifically for healthcare services for female veterans. Also, VA is further directed to create a master plan to address issues at the locations that do not meet the established standards for female veterans. This report shall be submitted no later than 180 days after enactment of this Act. Rural healthcare.--The agreement provides $270,000,000 for the Office of Rural Health (ORH) and the Rural Health Initiative, which is $20,000,000 above the President's request. As included in the Senate report, the Department is directed to conduct an agency-wide assessment of its rural and highly rural workforce to identify geographic areas where staffing needs exist. The Committees support the Department's expansive use of telehealth for medical services and encourage VA to strive to be even more innovative, more expansive, and more connected in this area, especially as the technique has proven particularly helpful in mental health and primary care health delivery. The agreement includes $1,348,883,000 for telehealth services, which is $5,000,000 above the budget request. The additional funding should be used to further expand telehealth capacity and services in rural and remote areas. The agreement directs no less than $4,000,000 toward a pilot program to train veterans in agricultural vocations while also tending to behavioral and mental health needs with behavioral healthcare services and treatments from licensed providers at no fewer than three locations, as instructed in the Senate report. Long-term care.--The agreement provides $8,821,657,000 as requested for long-term care, including $6,073,862,000 for institutional care and $2,747,795,000 for non-institutional care. As indicated in the Senate report, VA is directed to meet its fiscal year 2018 non-institutional care request as originally proposed in the advance Medical Services appropriation if that care is not provided through the Choice program. In order to improve budgetary oversight of non- institutional care programs, the Department is directed to meet the reporting requirements included in Senate Report 115-130. Headache centers of excellence.--The agreement provides $10,000,000 for the creation of headache centers of excellence, as described in the Senate report. Veterans centers.--The agreement provides $258,483,000 for readjustment counseling at Vet Centers, which is $15,000,000 above the budget request. As described in the Senate report, within this amount, $2,500,000 is allocated to develop a program to partner with organizations that provide outdoor experiences for veterans as part of a continuum of care to treat combat-related injuries, including those related to behavioral health. The Department is also directed to continue to work to expand Vet Centers and readjustment services at areas across the country that currently lack access. Caregivers program.--The agreement provides $839,828,000 for the caregivers program, which is the same as the original fiscal year 2018 request and $235,889,000 above the revised 2018 request. The Department is instructed to provide quarterly reports on obligations for the caregivers program, with a full explanation of any inability to obligate the original 2018 request. Dental care.--As part of VA's comprehensive medical benefits package, certain eligible veterans also qualify for dental care benefits. In some instances, VA is authorized to provide extensive dental care, while in other cases treatment may be limited. In order to better understand the full array of services provided, and the locations in which they are provided, the Department is directed to submit a report to the Committees no later than 60 days after enactment of this Act, describing the types of services provided to eligible veterans, as well as a list of on-site dental clinics by location and medical center. The report should also include any implementation plans to expand on-sight dental care, particularly in States in which there are currently no services offered by VA or which have no on-site VA dental clinics. Homeless assistance programs.--The agreement provides $1,747,784,000 for homeless assistance programs, which includes $340,000,000 for the homeless supportive services for low income veterans and families, a level which is $20,000,000 above the request. Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH).--The agreement includes full funding for the HUD-VASH program. However, if additional new vouchers are issued in fiscal year 2018 by the Department of Housing and Urban Development for the HUD/VASH program. VA is directed to increase funding for this program above the budget estimate to ensure adequate staffing levels exist to manage the increased workload. Further, the Department is directed to submit to the Committee on Appropriations no later than 30 days after enactment of this Act the amount above the budget estimate that has been made available for this purpose. High-cost areas.--There is a need for an examination of the effects of rapidly rising rents in urban areas across the nation and strategies to create and retain affordable housing options for veterans. Avoiding the displacement of veterans and their families in these communities should be a top priority at the Department. Therefore, the Secretary is directed, in consultation with the Secretary of Housing and Urban Development, to submit a report detailing the best practices and recommendations to address the displacement of lower-income veterans who are long-time residents in urban areas when there is a loss of affordable housing due to high rental cost. This report shall be submitted to the Committees no later than 180 days after enactment of this Act. Curing Hepatitis C within the veteran population.--The Department should be commended on its successful efforts to treat almost 100,000 veterans. Since VA has been successful in negotiating lower prices for the drugs used to cure hepatitis C, it has obligated less funding than anticipated. Therefore, the agreement includes a rescission (Section 237) and reappropriation (within the Medical Services account) of $751,000,000 to prevent the funding already provided from lapsing. The Department is directed to continue to aggressively fund the Hepatitis C program consistent with its fiscal year 2018 budget request. Hepatitis C screening.--There is a cohort of veterans who are more difficult to screen, engage, and treat for hepatitis C, due to factors such as the inability to adhere to therapy, psychosocial determinants, unstable or uncontrolled medical comorbidities, and enrollment barriers and challenges. The Department is directed to improve hepatitis C screening rates in traditional and non-traditional settings, including increasing the utilization of innovative strategies like point-of-care testing and public health outreach. The Department is directed to submit a report to the Committees no later than 120 days after enactment of this Act on VA's efforts to facilitate this directive. Incorrect reporting of laboratory tests.--According to press reports, in February 2018, at least 8 veterans in the Miami area were given incorrect lab results indicating that they did not test positive for the presence of human immunodeficiency virus (HIV), when in fact they did have the virus and needed treatment. The VA Inspector General is directed to provide a report to the Committees describing how the incident at the Miami VA hospital occurred and who was responsible. This report shall be submitted no later than 180 days after enactment of this Act. The agreement further directs that the Government Accountability Office (GAO) provide a report to the Committees that examines VA's HIV testing policy, including the use of the latest technologies, and how this policy is implemented at a sample of VA hospitals. This report shall be submitted no later than 180 days after enactment of this Act. Hospice care for veterans.--As described in the House and Senate reports, the Department is directed to conduct a study on the feasibility of implementing hospice care protocols tailored to the unique needs of combat [[Page H2818]] veterans, with special emphasis on the needs of Vietnam veterans. Intimate Partner Violence Program.--The agreement provides $17,000,000 for the Intimate Partner Violence Program within the Medical Services account, which is the base level of funding for the program and the amount identified in the Senate report. Colorectal cancer screening.--The Department is directed to offer all 7 colorectal cancer screening strategies recommended by the United States Preventive Services Task Force and adopted by the National Committee for Quality Assurance Healthcare Effectiveness Data and Information Set measures, which are used by more than 90 percent of U.S. health plans to measure performance. The Department is directed to report to the Committees within 90 days of enactment of this Act if it determines that it is unable to comply with this directive. National Veteran Sports Program.--The agreement provides $16,965,000 for the National Veterans Sports Program, with $2,000,000 designated for veterans monthly assistance allowances; $9,000,000 for the Adaptive Sports Grants Program; and $5,965,000 for support of national veterans sports and special events programs like the Paralympics. The agreement includes necessary bill language within the Medical Services account to permit VHA to carry out the Office's activities. Equine therapy.--The Adaptive Sports Program awards small grants for equine therapy, mostly for physical disabilities. An additional $1,000,000 above the request is provided to the Adaptive Sports Program to encourage VA to increase its use of Adaptive Sports Program grants for equine therapy for mental health issues, given the promising results reported using equine therapy for veterans with posttraumatic stress disorder. Burn pits.--The agreement provides $5,000,000 for the purpose of implementing the recommendations included in National Academies of Sciences, Engineering, and Medicine's assessment to improve the VA open burn pit registry. Specialized and modular prosthetics.--As referenced in the House report, the field of specialized and modular prosthetics is evolving at a faster pace than VA has been able to match. There is concern that VA does not have an effective, streamlined model of service for specialized or innovative modular prosthetics, unlike both the DOD and the Centers for Medicare and Medicaid Services, which have begun to explore this field. Therefore, the agreement directs VA to conduct comparative analyses of prosthetic manufacturing processes and determine whether it has the capacity to use the ``best of breed'' manufacturing processes in cases where it directly produces the prosthesis. This report shall be submitted to the Committees no later than 90 days after enactment of this Act. Proposed prosthetics regulation.--VA has included a provision in its proposed regulation on prosthetic and rehabilitative items and services that may limit veterans' choice in obtaining prosthetic, orthotic and other rehabilitative services. The regulation appears to give the Department sole authority to choose the provider of the services, contrary to the current practice of giving veterans a choice in these services. VA is encouraged to reconsider this issue as it develops its final regulation. Partnerships with community providers.--The Department is encouraged to establish a pilot program within the Veterans Health Administration (VHA) to support a partnership between community health centers, other health providers, and higher education institutions for the purpose of providing education, training, and placement of veterans into health professions. No later than 60 days after enactment of this Act, the Department is directed to submit a report to the Committees outlining the feasibility and advisability of establishing such a pilot program. Demand profile.--The creation of a demand profile of VA healthcare needs across the country would be important to inform the proper balance between VA and non-VA care covered by the Department at VA and non-VA facilities. The Department is directed to establish a demand profile for each of the healthcare services furnished by VA and submit the findings to the Committees no later than twelve months after enactment of this Act. VA is directed to use the demand profile to inform the capability and capacity of any non-Department healthcare services provided. Each demand profile shall include the following information: (1) the number of requests for the healthcare service; (2) the number of appointments for the receipt of the healthcare service, disaggregated by appointments at VA facilities and appointments with non- Department healthcare providers; (3) the capacity of the Department to provide the healthcare service at VA facilities; and (4) an assessment of the extent to which the Department needs to use non-Department healthcare providers to provide healthcare services. Chiropractic services.--The agreement includes $5,000,000 for the chiropractic programs to be developed under the authority of sec. 245. MEDICAL COMMUNITY CARE The agreement provides $8,384,704,000 in advance fiscal year 2019 funding for Medical Community Care, with $2,000,000,000 available through fiscal year 2022. The agreement also provides $419,176,000 for fiscal year 2018 in addition to the advance appropriation provided last year. Due to the timing of reconciliation between obligations, authorizations, and the number of those authorizations filled through private providers, VA's accounting procedure has led to the de-obligation of funds past the life of the budget authority, leading to the expiration of millions of dollars that could have been applied to veterans healthcare programs. Therefore, the agreement provides extended availability to aid the Department in ensuring that it can obligate all appropriations within this account before expiration. MEDICAL SUPPORT AND COMPLIANCE The agreement provides $7,239,156,000 in advance for fiscal year 2019 for Medical Support and Compliance and makes $100,000,000 of the advance funding available through fiscal year 2020. The agreement also provides $100,000,000 for fiscal year 2018 in addition to the advance appropriation provided last year. MEDICAL FACILITIES The agreement provides $5,914,288,000 in advance for fiscal year 2019 for Medical Facilities, as well as $707,000,000 in fiscal year 2018 funding, which is in addition to the advance funding provided last year and is made available for two years. Of the advance funding, $250,000,000 is made available through fiscal year 2020. In addition, $1,000,000,000 is provided for non-recurring maintenance in section 255 to be available until expended. The funding is to be used to correct deficiencies identified in the VA's facilities assessments reports as well as to supplement base funding provided within this Medical Facilities account. Bakersfield outpatient clinic.--The lengthy period VA has taken to lease a new outpatient clinic in Bakersfield, CA pursuant to Public Law 111-82 is concerning. Outpatient clinics greatly reduce the need for veterans to travel long distances for care by providing reliable medical services closer to a veteran's home. The new outpatient clinic would replace the Bakersfield community-based outpatient clinic and would provide expanded primary care and mental health services while offering a range of specialty care clinics. This project would simultaneously increase veterans' access to healthcare locally as well as reduce the caseload at other facilities in the VA Greater Los Angeles Healthcare System. While VA received congressional authorization for the project in fiscal year 2010 and has allocated funding for it, the project has been delayed for years and is still in the acquisition phase. The Department is urged to expedite the project in light of the urgent need for expanded healthcare services. The Secretary is directed to report to the Committees no later than 60 days after enactment of this Act on past actions and the future plan forward, including the timeline for this project, and to provide periodic progress reports to the Committees every 120 days. These periodic progress reports shall include an explanation of any changes to: (1) the project's status; (2) the expected cost of the lease; and (3) the projected completion date. MEDICAL AND PROSTHETIC RESEARCH The agreement provides $722,262,000 for Medical and Prosthetic Research, available until September 30, 2019. Bill language is included to ensure that the Secretary allocates adequate funding for research on gender-appropriate prosthetics and toxic exposures. Exoskeleton research.--As indicated in the Senate report, VA is directed to study the efficacy of exoskeletons in the rehabilitation of patients who have suffered a stroke or traumatic brain injury. Cancer moonshot.--As indicated in the Senate report, the Department is urged to include skin cancer as a subject of its efforts to provide targeted cancer treatments to veterans through genomic science. Rare cancers.--The disproportionate impact of rare cancers on veterans, the number of rare cancers affecting veterans that are understudied and misunderstood, and inadequate treatment options for rare cancers are concerning. Therefore, the Department is instructed to provide a report to the Committees within 90 days of enactment of this Act for each of the last five years: the prevalence rate of rare cancers among veterans; the types of treatments being provided to veterans specifically for rare cancers; any studies on rare cancers conducted by the Department; the Department's expenditures on the treatment of rare cancers; the Department's programs dedicated to addressing rare cancers among veterans; and recommendations on ways the Department can enhance rare cancer treatments for veterans. Exposure to Agent Orange by certain Navy veterans.--As described in the Senate report, beginning in 2002, a revised VA interpretation of the Agent Orange Act of 1991 (Public Law 102-4) has prevented ``Blue Water'' Navy veterans who served in the Navy outside of the riverine and coastal areas from collecting benefits unless they could prove that they stepped onto land or that their ship entered the internal river system of the Republic of Vietnam. However, a growing body of research supports the resumption of the presumption of exposure for these veterans. Subsequently, the Secretary has testified before the House Veterans Affairs Committee that he believes these veterans should be extended the presumption of exposure. The Department is directed to submit a report to the Committees no later than 180 days after enactment of this Act evaluating each of the U.S. and non-U.S. studies on Agent Orange exposure and any additional relevant material. The report should also include any justification for the continued exclusion policy [[Page H2819]] or, in the alternative, detail the intent, along with associated milestones, for lifting the exclusion policy. NATIONAL CEMETERY ADMINISTRATION The agreement provides $306,193,000 for the National Cemetery Administration (NCA). Of the amount provided, not to exceed 10 percent is available until September 30, 2019. Burial rights for Hmong veterans.--The agreement includes section 251 permitting burial in a National Cemetery Administration national cemetery for any Hmong veterans naturalized pursuant to the Hmong Veterans' Naturalization Act of 2000, who served on behalf of the United States during the Vietnam War, and who were residing in the United States at the time of the individual's death. The Department is instructed to conduct an analysis of the number of surviving Hmong veterans who served in Vietnam on behalf of the United States and who would not be eligible for burial in a VA national cemetery under the provisions of section 251. This analysis should be submitted to the Committees no later than 180 days after enactment of this Act. Deferred maintenance.--Given the weaknesses in the Facilities Condition Assessment currently used by NCA, as described in the House report, NCA is encouraged to pilot in one region the U.S. Army Corps of Engineers' Sustainment Management System (SMS). The procurement of the SMS is available to VA without cost. The SMS provides automated, predictive modeling that may provide more accurate data to model future maintenance needs. Since other groups within VA also currently use the Facilities Condition Assessment, this pilot may provide a useful test to see if the SMS has utility department-wide. VA is directed to inform the Committees of its plans to pilot the SMS, including the region chosen, the expected cost, and planned start date and duration of the pilot. If VA determines it is unable to conduct the pilot, it is directed to report to the Committees the reasons why. Departmental Administration General Administration (INCLUDING TRANSFER OF FUNDS) The agreement provides $335,891,000 for General Administration. Of the amount provided, not to exceed 10 percent is available for obligation until September 30, 2019. The agreement continues to include bill language permitting the transfer of funds from this account to General Operating Expenses, Veterans Benefits Administration. Recording of obligations.--VA is in the process of changing its accounting for obligations for healthcare services purchased from non-VA providers. Up to this time, such obligations have been recorded at the time the health care services were authorized. Obligations were later adjusted after healthcare services were rendered, and VA received a claim for payment, VA evaluated the claim to ensure that it was allowable, and VA approved the claim for payment. Because of the lag in the time between the date services were rendered and the date a claim was processed, approved and paid, approximately 75 percent of the preliminary fiscal year 2017 obligations were based on VA's ``best estimate'' of services that a veteran might or might not receive. This is because the amount of VA's final liability was contingent on the veteran seeking health care services and the type and length of services that were provided by the non-VA provider. The proposed accounting change will mean that obligations will be recorded at the time claims are processed and approved, thereby eliminating the uncertainty regarding the actual total obligations against the program. The Department believes that this change in obligation procedure will improve program management and the ability to forecast and justify budget requirements. The Committees concur with the VA proposal, noting the Comptroller General has opined in the past that VA could determine whether the government should accept liability for non-VA health care claims following a review and approval process and record obligations upon approval. This proposal matches the system DOD uses for its non-Department healthcare claims. Staff vacancies.--As indicated in the Senate report, VA is directed to use funds provided by this Act to fill its staff vacancies and to report monthly on its progress in doing so. Financial management system.--The agreement includes $10,800,000 in this account, as well as $83,000,000 in the Information Technology Systems account for development of a new financial management system. The VA agreement to use the Department of Agriculture's Federal Shared Services financial management system has broken down and VA is trying to use the contracts USDA had set up to reconstruct the financial management system it had anticipated acquiring through USDA. It is concerning that VA is trying to move forward alone, given the disastrous outcomes of its two previous attempts to create a modern financial management system. VA is directed to provide a report to the Committees within 60 days of enactment of this Act that describes the components that will be included in its planned financial management system, such as acquisition, the cost of the contracts and staffing that VA has acquired from USDA, the annual and total costs of the project, and its timeline and performance benchmarks. The report should also include a description of interim steps the Department is taking to improve the timeliness of payments made to healthcare providers and vendors while the FMS is being developed. Upon submission of this report, VA is directed to provide the Committees on a quarterly basis a report that compares actual progress on the financial management system to the performance benchmarks and timeline provided in the first report. Inconsistencies in contracting policy after the Kingdomware decision.--VA issued guidance to implement the Kingdomware decision of June 2016, which held that the VA ``must use the Rule of Two when awarding contracts, even when the Department will otherwise meet its annual minimum contracting goals'' and that it must be applied to Federal Supply Schedule purchase orders. The VA guidance outlined ways to identify potential vendors and evaluate their capabilities. However, there is concern that VA's guidance is being interpreted inconsistently across the VISNs. In some VISNs, option years are not being exercised as anticipated, but instead, are being re-bid to satisfy the ``Rule of Two'' retroactively based on a misinterpretation of the Supreme Court's ruling. A report by the GAO (GAO-17-748) highlighted similar concerns. The GAO report identified significant inconsistencies between national policies set by the VA and implementation of those policies at the regional and local levels. The report emphasized that VA has not established a process for systematically ensuring that local policies are aligned with national policies. To ensure veterans' continued access to quality care, VA is urged to issue additional guidance to provide a standard set of criteria for contracting officers to evaluate veteran- owned providers' capabilities and to take steps to ensure their implementation in a consistent manner across the VISNs, in alignment with the GAO's recommendations, especially with regard to option years. BOARD OF VETERANS APPEALS The agreement provides $161,048,000 for the Board of Veterans Appeals (BVA), of which not to exceed 10 percent shall remain available until September 30, 2019. Funding above the budget request is to be used to assist in streamlining the appeals process, with the new authorities provided by Congress. Bill language continues to be included in section 230 permitting VA to transfer funding between this account and the General Operating Expenses, Veterans Benefits Administration account if needed to align funding with the appropriate account to hire staff to address the appeals backlog. INFORMATION TECHNOLOGY SYSTEMS (INCLUDING TRANSFER OF FUNDS) The agreement provides $4,055,500,000 for Information Technology (IT) Systems. The agreement identifies separately in bill language the funding available for pay ($1,230,320,000); operations and maintenance ($2,496,650,000); and systems development ($328,530,000). The agreement makes not to exceed 5 percent of pay and of operations and maintenance funding available until the end of fiscal year 2019; not to exceed 5 percent of operations and maintenance funding available until the end of fiscal year 2019, and all IT systems development funding available until the end of fiscal year 2019. The agreement includes $63,404,000 in information technology funding for the Veterans Benefits Management System which processes disability claims; $7,500,000 for the BVA claims appeals modernization effort; $83,000,000 for development of a new VA financial management system; and $340,000,000 for the Office of Information Security. The agreement continues language prohibiting the obligation of IT development funding until VA submits a certification of the amounts to be obligated, in part or in full, for each development project. The agreement continues language permitting funding to be transferred among the three IT subaccounts, subject to approval from the Committees. The agreement continues language providing that funding may be transferred among development projects or to new projects subject to the Committees' approval. The agreement continues language indicating that no development project may be increased or decreased by more than $1,000,000 prior to receiving approval of the Committees or a period of 30 days has elapsed. The agreement provides funding for IT development for the projects and in the amounts specified in the following table: INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS (in thousands of dollars) ------------------------------------------------------------------------ Project Agreement ------------------------------------------------------------------------ VLER Health................................................ 10,000 VistA Module Enhancements.................................. 9,000 Veterans Benefits Management System (VBMS)................. 59,904 Virtual Lifetime Electronic Record (VLER).................. 20,968 Veteran Customer Experience (formerly VRM)................. 58,473 Other IT Systems Development............................... 170,185 ------------ Total, All Development................................. $328,530 ------------------------------------------------------------------------ This table is intended to serve as the Department's approved list of development projects; any requested changes are subject to reprogramming requirements. Expenditure plan.--The Department is directed to continue to provide a fiscal year 2018 IT expenditure plan to the Committees upon enactment of this Act. This plan should be in the same format as the table above. VETERANS ELECTRONIC HEALTH RECORD The agreement provides $782,000,000 for activities related to the development and rollout of a new VA electronic health record, the [[Page H2820]] associated contractual costs, and the salaries and expenses of employees hired under titles 5 and 38, United States Code. Because this is a very substantial new effort, the timing of obligation of funding is uncertain. As a result, the agreement makes these funds available for three years. This account is intended to be the single source of funding within VA for the electronic health record effort. There is no authority for funds from other VA accounts to be transferred to this account or for funds from this account to be transferred to other accounts. Consistent with the effort to centralize financial management of the development of the electronic health record, the Department is directed to place top management of the project at the headquarters level above either the VHA or the Office of Information Technology, such as in the Office of the Deputy Secretary. The bill language for this account requires the Secretary to submit a report quarterly to the Committees detailing obligations, expenditures, and deployment strategy by facility. In addition, GAO is directed to perform quarterly performance reviews of the VA electronic health record deployment so that the Committees are kept abreast of important issues such as cost and operational capability. It is expected that this quarterly reporting will avail the Committees and VA with timely information to properly oversee this effort and address important issues. OFFICE OF INSPECTOR GENERAL The agreement provides $164,000,000 for the Office of Inspector General (OIG). Of the amount provided, not to exceed 10 percent is available for obligation until September 30, 2019. CONSTRUCTION, MAJOR PROJECTS The agreement provides $512,430,000 for Construction, Major Projects, which is the same as the budget request. The agreement makes this funding available for five years, except that $80,000,000 is made available until expended. External project management.--The agreement continues the bill language requiring that large VA construction projects be managed by a non-VA government entity. Of the total provided, $117,300,000 for VHA major construction projects shall not be available until the Department enters into an agreement with a non-Department of Veterans Affairs Federal entity to serve as the design and/or construction agent for each major construction project with a total estimated cost of $100,000,000 or above. Funding is available for obligation for each project only after VA certifies that the agreement with the non-Department Federal entity is in effect for that project. The single large VHA project affected by this provision is in Livermore, California. The requirement to contract with an outside agent for major construction projects was also mandated in Section 502 of the Department of Veterans Affairs Expiring Authorities Act of 2015 (Public Law 114-58), enacted on September 30, 2015. Since the provision in the annual appropriations bill is also contained in permanent authorizing law, in future years, this provision will not be included in the appropriations bill. The agreement funds the following items as requested in the budget submission: CONSTRUCTION, MAJOR PROJECTS (in thousands of dollars) ------------------------------------------------------------------------ Location and description Agreement ------------------------------------------------------------------------ Veterans Health Admin. (VHA): Livermore, CA, realignment and closure of the Livermore $117,300 campus................................................ Advance Planning and Design Fund: various locations...................................... 57,500 Asbestos: various locations............................ 7,500 Major Construction Staff: various locations............ 27,500 Hazardous Waste: various locations..................... 15,000 Judgment Fund: various locations....................... 10,000 Non-Dept. Fed. Entity Project Management Support....... 16,730 Total, VHA......................................... 251,530 National Cemetery Admin. (NCA): Sacramento, CA: gravesite expansion.................... 35,000 Bushnell, FL: gravesite expansion and cemetery 51,500 improvement sites..................................... Elwood, IL: gravesite expansion, Phase 3............... 35,000 Calverton, NY: gravesite expansion..................... 50,000 Phoenix, AZ: gravesite expansion....................... 31,900 Bridgeville, PA: gravesite expansion , Phase 3......... 39,000 Advance Planning and Design Fund................... 8,500 NCA Land Acquisition Fund.......................... 5,000 Total, NCA..................................... 255,900 General Admin.: Staff Offices Advance Planning Fund.................... 5,000 Total, Construction Major Projects............. $512,430 ------------------------------------------------------------------------ West Los Angeles, California seismic corrections.--VA removed six buildings from the scope of the West Los Angeles, California seismic corrections project to be addressed through the Enhanced Use Lease supportive housing program. In the fiscal year 2018 budget submission, VA advised that details would be provided on how the remaining funding appropriated for the West LA project would be used. VA's most urgent need is to address Building 300, the Regional Food Services Facility, which is critical for providing quality service to vulnerable inpatient veterans. The Regional Food Services Facility is currently housed in a 65 year old, seismically at-risk facility potentially impacting food quality and safety, and placing veterans at risk. Renovation of Building 300 was originally included in the scope of the major project, but VA has determined that new construction would be more cost-effective than the originally planned renovation. The new Food Services facility will be efficient, purpose-built, and centrally located adjacent to the inpatient facility. VA has estimated that the total cost for new construction of the approximately 25,000 gross square foot Food Services facility is $35,000,000. VA is directed to utilize $35,000,000 of the remaining funds from the West Los Angeles, California Seismic Corrections major construction project for construction of the Food Service facility. Further, it is expected that the vacated Building 300 site will be used to support the Department's stated goal of developing at least 1,200 housing units on the campus by 2026. VA is directed to provide to the Committees no later than 60 days after enactment of this Act an estimated schedule for completion of the Food Services facility. Strategic Capital Investment Plan (SCIP).--It is appreciated that VA has consulted with the Committees and will be modifying its future capital budget and long term capital plan, with its submission to include a clearer presentation of its capital needs, by year, over the next five years. In addition, VA will make improvements to the congressional justification to make it a more usable and understandable document. This additional information will provide more clarity on VA's future capital plans. An example of a presentation that accurately reflects the priority projects from the SCIP that will actually be funded in the request is the ``Active Development Major Construction Projects''' on page 8.2 11 of Volume 4 of the fiscal year 2018 justification volumes. VA is encouraged to place such charts in a more prominent place in the justifications. VA is also encouraged to ensure that the funds requested for projects (major, minor, leases, and non-recurring maintenance) that are presented in congressional justification documents are in fact allocated to those projects for execution. VA is directed to report quarterly on the allocation and execution of such funds for the identified projects and clearly identify any changes. Vacant and underutilized buildings and structures.--In June 2017, the Secretary announced plans to initiate disposal or reuse actions for 430 vacant buildings in VA's real property inventory in order to decrease the maintenance of buildings VA does not need and reinvest the savings. The Secretary also announced a review of 784 non-vacant but underutilized buildings. While the Department's initiative to review the utility of VA property is commendable, the process by which the list of buildings and structures was created was not transparent. The Department is directed to submit a report to the Committees no later than 90 days after enactment of this Act that includes the following elements: (1) an explanation of the process and methodology used to determine, record, and validate which buildings and structures in VA's real property portfolio are vacant, mostly vacant, or underutilized, and their physical condition; (2) an explanation of the process by which those property disposal analyses and plans were developed and coordinated with, and within, each VISN; (3) a cost-benefit analysis of the Department's ongoing real property disposal plans, both in terms of this immediate disposal action, and in aggregate; (4) a discussion of the impact of historic designations of buildings and structures on the Department's ability to manage its real property portfolio; and (5) a certification that the disposal of these identified properties will have no significant adverse impact on the Department's ability to provide health care and benefits for veterans. National realignment strategy.--It is understood the Department, as part of a national realignment strategy of VA services, will continue to reevaluate and scrutinize the utility of facilities and property as well as the healthcare services available at VA facilities and available through non-Department healthcare providers. The Department is prohibited from diminishing healthcare services at existing VHA medical facilities as part of a planned realignment of VA services until the Secretary provides justification to the Committees. CONSTRUCTION, MINOR PROJECTS The agreement provides $342,570,000 for Construction, Minor Projects. The agreement makes this funding available for five years. Included within the total is $193,610,000 for the Veterans Health Administration; $97,950,000 for the National Cemetery Administration; $29,895,000 for the Veterans Benefits Administration; and $21,115,000 for General Administration--Staff Offices. In addition, $425,000,000 is provided for minor construction projects in section 255 to remain available until expended. Expenditure plan.--The agreement includes a directive for the Department to provide an expenditure plan no later than 30 days after the enactment of this Act. This expenditure plan shall include a complete list of minor construction projects to be supported with the fiscal year 2018 appropriation. The plan shall be updated six months and twelve months after enactment. GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES The agreement provides $110,000,000 for Grants for Construction of State Extended Care Facilities, to remain available until expended. The agreement includes in section 253 a provision ensuring that the priority order for eligible and approved, but unfunded, State projects in 2017 is not disrupted by priority designated for approved 2018 projects. The agreement includes section 255 which provides an additional $575,000,000 for grants [[Page H2821]] for construction of State extended care facilities to be available until expended. This funding, coupled with the base funding of $110,000,000 and fiscal year 2017 carryover should be sufficient to support the entire existing backlog of approved State applications. VA is encouraged to prioritize the needs of rural States in its allocation of funding for State homes by: (1) including consideration of rural mileage access in its ``great need for beds to be established'' at a State home; (2) considering the unique needs of small States with a single facility; and (3) prioritizing large rural States where veterans may live hundreds of miles from the nearest facility. GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES The agreement provides $45,000,000 for Grants for Construction of Veterans Cemeteries, to remain available until expended. ADMINISTRATIVE PROVISIONS (Including Transfers and Rescissions of Funds) The agreement includes section 201 allowing for the transfer of funds among the three mandatory accounts. The agreement includes section 202 allowing for the transfer of funds among the four medical accounts. The agreement includes section 203 allowing salaries and expenses funds to be used for related authorized purposes. The agreement includes section 204 restricting the accounts that may be used for the acquisition of land or the construction of any new hospital or home. The agreement includes section 205 limiting the use of funds in the Medical Services account only for entitled beneficiaries unless reimbursement is made to the Department. The agreement includes section 206 allowing for the use of certain mandatory appropriations accounts for payment of prior year accrued obligations for those accounts. The agreement includes section 207 allowing the use of appropriations available in this title to pay prior year obligations. The agreement includes section 208 allowing the Department to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to administer these programs. The agreement includes section 209 allowing the Department to cover the administrative expenses of enhanced-use leases and provides authority to obligate these reimbursements in the year in which the proceeds are received. The agreement includes section 210 limiting the amount of reimbursement the Office of Resolution Management, the Office of Employment Discrimination Complaint Adjudication, the Office of Accountability and Whistleblower Protection, and the Office of Diversity and Inclusion can charge other offices of the Department for services provided. The agreement includes section 211 requiring the Department to collect third-party payer information for persons treated for a non-service-connected disability. The agreement includes section 212 allowing for the use of enhanced-use leasing revenues for Construction, Major Projects and Construction, Minor Projects. The agreement includes section 213 outlining authorized uses for Medical Services funds. The agreement includes section 214 allowing for funds deposited into the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts. The agreement includes section 215 which allows Alaskan veterans to use medical facilities of the Indian Health Service or tribal organizations. The agreement includes section 216 permitting the transfer of funds from the Department of Veterans Affairs Capital Asset Fund to the Construction, Major Projects and Construction, Minor Projects accounts and makes those funds available until expended. The agreement includes section 217 requiring the Secretary to submit financial status quarterly reports for each of the Administrations in the Department. The specific data requested is similar to that requested in the fiscal year 2016 conference report. The agreement includes section 218 requiring the Department to notify and receive approval from the Committees of any proposed transfer of funding to or from the Information Technology Systems account and limits the aggregate annual increase in the account to no more than 10 percent of the funding appropriated to the account in this Act. The agreement includes section 219 providing up to $297,137,000 of fiscal year 2018 funds for transfer to the Joint DOD-VA Medical Facility Demonstration Fund. The agreement includes section 220 which permits $306,378,000 of fiscal year 2019 medical care funding provided in advance to be transferred to the Joint DOD-VA Medical Facility Demonstration Fund. The agreement includes section 221 which authorizes transfers from the Medical Care Collections Fund to the Joint DOD-VA Medical Facility Demonstration Fund. The agreement includes section 222 which transfers at least $15,000,000 from VA medical accounts to the DOD-VA Health Care Sharing Incentive Fund. The agreement includes section 223 prohibiting funds available to the Department in this or any other Act from being used to replace the current system by which VISNs select and contract for diabetes monitoring supplies and equipment. The agreement includes section 224 requiring that the Department notify the Committees of bid savings in a major construction project of at least $5,000,000, or 5 percent, whichever is less, 14 days prior to the obligation of the bid savings and their anticipated use. The agreement includes section 225 which prohibits VA from increasing the scope of work for a major construction project above the scope specified in the original budget request unless the Secretary receives approval from the Committees. The agreement includes section 226 requiring a quarterly report from each VBA regional office on pending disability claims, both initial and supplemental; error rates; the number of claims processing personnel; corrective actions taken; training programs; and review team audit results. It also requires a quarterly report on the number of appeals pending at the Veterans Benefits Administration and the Board of Veterans Appeals. The agreement includes section 227 requiring VA to notify the Committees 15 days prior to any staff office relocations within VA of 25 or more fulltime-equivalent staff. The agreement includes section 228 requiring the Secretary to report to the Committees each quarter about any single national outreach and awareness marketing campaign exceeding $2,000,000. The agreement includes section 229 permitting the transfer to the Medical Services account of fiscal year discretionary 2018 funds appropriated in this Act or available from advance fiscal year 2018 funds already appropriated, except for funds appropriated to General Operating Expenses, VBA, to address possible unmet, high priority needs in Medical Services. Such unanticipated demands may result from circumstances such as a greater than projected number of enrollees or higher intensity of use of benefits. Any such transfer requires the approval of the Committees. The agreement includes section 230 permitting the transfer of funding between the General Operating Expenses, Veterans Benefits Administration account and the Board of Veterans Appeals account if necessary to permit the hiring of staffing at the appropriate stage of the appeals process to address mounting claims appeals workload. Any such transfer requires the approval of the Committees. The agreement includes section 231 prohibiting the Secretary from reprogramming funds in excess of $7,000,000 among major construction projects or programs unless the reprogramming is approved by the Committees. The agreement includes section 232 mandating certain professional standards for the veterans crisis hotline. The agreement includes section 233 restricting funds from being used to close medical facilities in the absence of a national realignment strategy. The agreement includes section 234 modifying current law to permit VA hospitals to use shuttle buses for employees so that patients can use the closer parking lots. The agreement includes section 235 requiring VA to use the mammography screening guidelines announced by the Secretary on May 10, 2017. The agreement includes section 236 allowing the use of Medical Services funding for assisted reproductive technology treatment and adoption reimbursement for veterans and their spouses if the veteran has a service-connected disability that results in being unable to procreate without such fertility treatment. The agreement includes section 237 which provides a rescission of $751,000,000. This funding is reappropriated in the Medical Services account to extend its availability. The agreement includes section 238 prohibiting any funds from being used in a manner that is inconsistent with statutory limitations on outsourcing. The agreement includes section 239 pertaining to limitations on Indian- or Native Hawaiian-owned businesses contracting with VA. The agreement includes section 240 directing the elimination over a series of years of the use of social security numbers in VA programs. The agreement includes section 241 referencing the provision in the 2017 appropriations Act pertaining to certification of marriage and family therapists. The agreement includes section 242 which prohibits funds from being used to transfer funding from the Filipino Veterans Equity Compensation Fund to any other VA account. The agreement includes section 243 which rescinds and reappropriates Major Construction funding for eight projects to extend its availability. The agreement includes section 244 permitting funding to be used in fiscal years 2018 and 2019 to carry out and expand the child care pilot program authorized by section 205 of Public Law 111-163. The agreement includes section 245 creating a pilot program for chiropractic services. The agreement includes section 246 creating a pilot program for training veterans to become physician assistants. The agreement includes section 247 which includes a reference to a provision in the 2017 appropriations Act identifying information [[Page H2822]] which may be used to verify the status of coastwise merchant seamen who served during World War II for the purposes of eligibility for medals, ribbons, or other military decorations. The agreement includes section 248 permitting the Secretary to use appropriated funds to ensure particular ratios of veterans to full-time employment equivalents within any VA program of rehabilitation. The agreement includes section 249 prohibiting VA from using funds to enter into an agreement to resolve a dispute or claim with an individual that would restrict the individual from speaking to members of Congress or their staff on any topic, except those required to be kept secret in the interest of national defense or the conduct of foreign affairs. The agreement includes section 250 referencing language in the 2017 appropriations Act requiring certain data to be included in budget justifications for Major Construction projects. The agreement includes section 251 permitting Hmong veterans who served in Vietnam and were naturalized pursuant to the Hmong Veterans' Naturalization Act of 2000 to be buried in VA national cemeteries. The agreement includes section 252 creating a 2 year pilot program to make grants to veterans service organizations to upgrade their facilities to become health and wellness centers. The agreement includes section 253 ensuring that the priority order for eligible and approved, but unfunded, State projects in 2017 is not disrupted by priority designated for approved 2018 projects. The agreement includes section 254 prohibiting the use of canines in VA research unless: the scientific objectives of the study can only be met by using canines; the study has been directly approved by the Secretary; and the study is consistent with the revised VA canine research policy document released in December 2017. The agreement includes section 255 providing $2,000,000,000 to be available until expended for VA infrastructure needs, of which $1,000,000,000 is for Medical Facilities for non- recurring maintenance; $425,000,000 is for Minor Construction; and $575,000,000 is for Grants for Construction of State Extended Care Facilities. This funding is not made available until VA provides and the Committees approve a detailed expenditure plan. The agreement includes section 256 clarifying that payment for the costs of contract disability examinations shall be financed within the Compensation and Pensions account. The agreement includes section 257 prohibiting funds to be used to charge a veteran for a veterans identification card. The agreement includes section 258 related to the eligibility of veterans for certain medical services with other than honorable discharges. The two criteria that the veteran must meet to be eligible for these medical services are as follows: 1) veterans who have served 100 days in uniform and were deployed to a combat zone; or 2) veterans who are victims of sexual assault/sexual harassment. The agreement includes section 259 regarding the process for a veteran to appeal the character of his or her service determination. TITLE III RELATED AGENCIES American Battle Monuments Commission SALARIES AND EXPENSES The agreement includes $79,000,000 for Salaries and Expenses of the American Battle Monuments Commission (ABMC), an increase of $3,900,000 to support World War I anniversary activities. FOREIGN CURRENCY FLUCTUATIONS ACCOUNT The agreement includes such sums as necessary for the Foreign Currency Fluctuations Account. However, due to favorable exchange rates, no funds are expected to be required in fiscal year 2018. United States Court of Appeals for Veterans Claims SALARIES AND EXPENSES The agreement includes $33,600,000 for Salaries and Expenses for the United States Court of Appeals for Veterans Claims. DEPARTMENT OF DEFENSE--CIVIL Cemeterial Expenses, Army SALARIES AND EXPENSES The agreement includes $80,800,000 for Cemeterial Expenses, Army Salaries and Expenses. Within that amount, up to $15,000,000 in funding is available until September 30, 2020. CONSTRUCTION The agreement provides $167,000,000 for planning and design and construction of Southern Expansion to remain available until expended. ARMED FORCES RETIREMENT HOME TRUST FUND The agreement includes a total of $64,300,000 for the Armed Forces Retirement Home (AFRH), as requested, but does not provide the funds in the manner requested. The agreement directs that $42,300,000 be derived from the Trust Fund and $22,000,000 be provided from the General Fund to support AFRH operations. Trust Fund Solvency.--There continues to be a belief that both legislative and administrative actions are necessary to improve Trust Fund solvency, eliminate AFRH's reliance on the General Fund, and maintain the high-quality services provided to AFRH residents. While there is still concern about the path forward, DOD is directed to continue working with AFRH to take appropriate administrative action and to develop and submit proposed authorizing language that addresses the issue of Trust Fund solvency. ADMINISTRATIVE PROVISIONS The agreement includes section 301 permitting funds to be provided to Arlington County, Virginia, for the relocation of a water main located on the Arlington National Cemetery property. The agreement includes section 302 allowing Arlington National Cemetery to deposit and use funds derived from concessions. TITLE IV Overseas Contingency Operations Department of Defense The agreement includes title IV, Overseas Contingency Operations, for military construction projects related to the Global War on Terrorism and the European Deterrence/ Reassurance Initiative. Military Construction, Army The agreement includes $146,100,000 for ``Military Construction, Army'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. Military Construction, Navy and Marine Corps The agreement includes $33,248,000 for ``Military Construction, Navy and Marine Corps'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. Military Construction, Air Force The agreement includes $546,352,000 for ``Military Construction, Air Force'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. Military Construction, Defense-Wide The agreement includes $24,300,000 for ``Military Construction, Defense-Wide'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. Administrative Provisions The agreement includes section 401 which provides the contingent emergency designation for the Overseas Contingency Operations accounts. The agreement includes section 402 which requires the Department of Defense to provide a future year defense program for European Deterrence/Reassurance Initiative to the congressional defense committees. [[Page H2823]] [GRAPHIC] [TIFF OMITTED] TH220318.598 [[Page H2824]] [GRAPHIC] [TIFF OMITTED] TH220318.599 [[Page H2825]] TITLE V GENERAL PROVISIONS The agreement includes section 501 prohibiting the obligation of funds in this Act beyond the current fiscal year unless expressly so provided. The agreement includes section 502 prohibiting the use of the funds in this Act for programs, projects, or activities not in compliance with Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. The agreement includes section 503 encouraging all Departments to expand their use of ``E-Commerce.'' The agreement includes section 504 specifying the congressional committees that are to receive all reports and notifications. The agreement includes section 505 prohibiting the transfer of funds to any instrumentality of the United States Government without authority from an appropriations Act. The agreement includes section 506 prohibiting the use of funds for a project or program named for a serving Member, Delegate, or Resident Commissioner of the United States House of Representatives. The agreement includes section 507 requiring all reports submitted to Congress to be posted on official web sites of the submitting agency. The agreement includes section 508 prohibiting the use of funds to establish or maintain a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, except for law enforcement investigation, prosecution, or adjudication activities. The agreement includes section 509 prohibiting the use of funds for the payment of first-class air travel by an employee of the executive branch. The agreement includes section 510 prohibiting the use of funds in this Act for any contract where the contractor has not complied with E-Verify requirements. The agreement includes section 511 prohibiting the use of funds in this Act by the Department of Defense or the Department of Veterans Affairs for the purchase or lease of a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011. The agreement includes section 512 prohibiting the use of funds in this Act for the renovation, expansion, or construction of any facility in the continental United States for the purpose of housing any individual who has been detained at the United States Naval Station, Guantanamo Bay, Cuba. [[Page H2826]] [GRAPHIC] [TIFF OMITTED] TH220318.600 [[Page H2827]] [GRAPHIC] [TIFF OMITTED] TH220318.601 [[Page H2828]] [GRAPHIC] [TIFF OMITTED] TH220318.602 [[Page H2829]] [GRAPHIC] [TIFF OMITTED] TH220318.603 [[Page H2830]] [GRAPHIC] [TIFF OMITTED] TH220318.604 [[Page H2831]] [GRAPHIC] [TIFF OMITTED] TH220318.605 [[Page H2832]] [GRAPHIC] [TIFF OMITTED] TH220318.606 [[Page H2833]] [GRAPHIC] [TIFF OMITTED] TH220318.607 [[Page H2834]] [GRAPHIC] [TIFF OMITTED] TH220318.608 [[Page H2835]] [GRAPHIC] [TIFF OMITTED] TH220318.609 [[Page H2836]] [GRAPHIC] [TIFF OMITTED] TH220318.610 [[Page H2837]] [GRAPHIC] [TIFF OMITTED] TH220318.611 [[Page H2838]] [GRAPHIC] [TIFF OMITTED] TH220318.612 [[Page H2839]] [GRAPHIC] [TIFF OMITTED] TH220318.613 [[Page H2840]] [GRAPHIC] [TIFF OMITTED] TH220318.614 [[Page H2841]] DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018 In implementing this agreement, Federal departments, agencies, commissions, and other entities are directed to comply with the directives, reporting requirements, and instructions contained in H. Rept. 115-253 (House report) accompanying H.R. 3362 (House bill) and S. Rept. 115-152 (Senate report) accompanying S. 1780 (Senate bill) as though stated in this explanatory statement, unless specifically directed to the contrary. This explanatory statement, while repeating some House and Senate report language for emphasis or clarification, does not negate language in such reports unless expressly provided herein. Language expressing an opinion or making an observation in the House or Senate reports represents the view of the respective committee unless specifically endorsed in this explanatory statement. In cases in which the House and Senate reports provide contradictory directives or instructions that are not addressed in this explanatory statement, such directives or instructions are negated. Reports required to be submitted pursuant to the Act, including reports required by this explanatory statement and the House and Senate reports, may not be consolidated to include responses to multiple requirements in a single report, except following consultation with the Committees on Appropriations. In lieu of the tables contained in the House and Senate reports, the tables contained in this explanatory statement shall guide departments, agencies, commissions, and other entities when allocating funds. Section 7019 requires that amounts designated in the respective tables referenced in this explanatory statement for funds appropriated in titles III through V shall be made available in such designated amounts, unless otherwise provided for in the Act, and shall be the basis of the report required by section 653(a) of the Foreign Assistance Act of 1961 (FAA) (the 653(a) report), where applicable. The section also includes limited authority to deviate from such specified amounts and continues language similar to prior years including exceptions to the application of the requirements of such section for amounts designated in tables included in this explanatory statement for International Military Education and Training and Global Health Programs, and funds for which the initial period of availability has expired. Proposed deviations from tables in titles I and II in this explanatory statement are subject to the regular notification procedures of the Committees on Appropriations, unless an exception or deviation authority is specifically provided herein. For the purposes of the Act, the term ``regular notification procedures of the Committees on Appropriations'' means such Committees are notified not less than 15 days in advance of the initial obligation of funds. For purposes of the Act, the term ``prior consultation'' shall mean a pre-decisional engagement between a relevant Federal agency and the Committees on Appropriations during which such Committees are provided a meaningful opportunity to provide relevant facts and opinions to inform the use of funds; the development, content, or conduct of a program or activity; or a decision to be taken. In meeting the requirements of section 7076(e) of the Act, the Department of State and the United States Agency for International Development (USAID) shall include in congressional budget justifications (CBJs) the justifications for multi-year availability for funds requested under Diplomatic and Consular Programs and Operating Expenses. The Department of State, USAID, and other agencies are also directed to include in CBJs the information included in the Introduction of the Senate report under Congressional Budget Request and Justifications, as applicable. The Department of State, USAID, and other agencies funded by the Act are directed to notify the Committees on Appropriations of: (1) reprogrammings of funds, as required by sections 7015 and 7019 of the Act, at the most detailed level of the CBJ, the Act, or this explanatory statement; (2) significant departures in funding from the CBJ or the 653(a) report to be submitted 30 days after enactment of the Act; and (3) plans for restructuring the department or agency involving funding or staffing changes in accordance with section 7081 of the Act. CBJ documents, and operating and spend plans, shall not suffice for purposes of satisfying special notification requirements contained in the Act. As in prior fiscal years, additional funding designated as Overseas Contingency Operations/Global War on Terrorism (OCO/ GWOT) pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) is contained in title VIII of the Act. Such funds are intended to address the extraordinary costs of operations and assistance in countries in conflict and areas of instability and violence, particularly in the Middle East, South Asia, and Africa; security, stabilization, and peacekeeping programs; humanitarian activities; and counterterrorism and counterinsurgency efforts. For purposes of the Act, the ``term extremist organization'' means the Islamic State of Iraq and Syria (ISIS); organizations affiliated with ISIS; a foreign organization that is determined to be engaged in terrorist activity, as defined in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182); and other entities designated as foreign terrorist organizations pursuant to section 219 of such Act. The term ``extremist'' means an individual affiliated with an extremist organization. The term ``extremism'' means the advocacy or use of violence by such organizations or individuals to achieve political or religious goals. TITLE I DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of Foreign Affairs The Act provides $9,054,019,000 for Administration of Foreign Affairs in this title, and an additional $3,115,849,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. The Act includes a total of $6,071,348,000 for embassy security in this title and title VIII, as contained in the table below: EMBASSY SECURITY [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Program/Activity Authority ------------------------------------------------------------------------ Worldwide Security Protection.............................. 3,756,874 Embassy Security, Construction, and Maintenance............ 2,314,474 ------------ Total.................................................. 6,071,348 ------------------------------------------------------------------------ DIPLOMATIC AND CONSULAR PROGRAMS The Act provides $5,744,440,000 for Diplomatic and Consular Programs in this title, and an additional $2,975,971,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Within the total provided under this heading in this title, up to $1,380,752,000 is for Worldwide Security Protection (WSP) and may remain available until expended; and $4,363,688,000 is for operations, of which $654,553,000 may remain available until September 20, 2019. Not later than September 1, 2018, the Secretary of State is directed to report to the Committees on Appropriations on projected amounts available for operations beyond fiscal year 2018 by category and bureau. Title VIII of the Act includes funds for embassy operations in Afghanistan, Pakistan, and Iraq and other areas of unrest. Funds appropriated by the Act for activities, bureaus, and offices under this heading in this title are allocated according to the following table: DIPLOMATIC AND CONSULAR PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Category Authority ------------------------------------------------------------------------ Human Resources............................................ 2,770,673 Worldwide Security Protection.......................... [476,879] Overseas Programs.......................................... 1,253,799 Diplomatic Policy and Support.............................. 794,561 Security Programs.......................................... 925,407 Worldwide Security Protection.......................... [903,873] ------------ Total...................................................... 5,744,440 ------------------------------------------------------------------------ BUREAU/OFFICE (includes salary and bureau-managed funds) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Bureau of Administration Freedom of Information Act............................. [33,960] Ambassadors Fund for Cultural Preservation................. 6,250 Cultural Antiquities Task Force............................ 1,000 Bureau of Counterterrorism Office of Special Presidential Envoy for Hostage [1,250] Affairs............................................... Bureau of Democracy, Human Rights, and Labor............... 42,020 Human Rights Vetting................................... [9,000] Office of International Religious Freedom.............. [6,500] of which, religious freedom curriculum development..... [500] Special Envoy to Promote Religious Freedom of Religious [2,000] Minorities in the Near East and South Central Asia.... Atrocities Prevention Training......................... [500] Special Advisor for International Disability Rights.... [445] Bureau of European and Eurasian Affairs Office of the Special Envoy for Holocaust Issues....... [634] Bureau of Economic and Business Affairs Office of Terrorism Financing and Economic Sanctions [6,100] Policy................................................ Bureau of Oceans and International Environmental and 41,859 Scientific Affairs........................................ Office of the Legal Advisor Document Review Unit................................... [2,889] Office to Monitor and Combat Trafficking in Persons........ 13,822 Bureau of Political-Military Affairs Office of Weapons Removal and Abatement................ [3,570] Office of the Secretary Office of Global Women's Issues........................ [5,326] Office of the Coordinator for Cyber Issues............. [5,497] Undersecretary for Civilian Security, Democracy, and [2,347] Human Rights.......................................... Special Coordinator for Tibetan Issues................. [1,000] Ambassador at Large for Global Criminal Justice........ [3,750] ------------------------------------------------------------------------ Funds allocated for offices and programs under the bureaus listed in the table under this heading that exceed the 2018 CBJ levels for such offices and programs are in addition to funds otherwise made available for such bureaus. The agreement includes sufficient funds to support public diplomacy programs at not less than the fiscal year 2017 level. In addition, the Secretary of State is directed to include projected funding levels for public diplomacy in the operating plan required by section 7076(a) of the Act. Section 7034(h) of the Act continues a limitation on the use of funds for the preservation of religious sites as in prior fiscal years. Section 7034(l)(1) of the Act extends for one year the Western Hemisphere Travel Initiative surcharge authority, which is the same extension of authority included in prior fiscal years. Section 7034(l)(4) of the Act continues the Foreign Service overseas pay comparability authority, but, as in prior fiscal years, prohibits implementation of the third phase of the authority. [[Page H2842]] Assaults Abroad.--The Foreign Affairs Manual (FAM) sets forth authorities, responsibilities, and guidelines for assisting United States citizens and their families who are victims of sexual assaults and other crimes while traveling abroad. FAM chapter 7, section 1931.1 directs consular officers to ``assist victims of crime abroad and their families in receiving necessary services while still overseas'', and to ``assist victims in continuing those services in the United States if appropriate and desired. . .'' The Secretary of State is directed to remind consular officers that they can lessen the effects of a crime on United States victims by the quality and timeliness of their response. The Secretary shall make officers aware of their obligation to expeditiously fulfill their responsibilities to crime victims set forth in FAM chapter 7, sections 1920 and 1930, including ascertaining the status of the police investigation into the incident and assisting victims in obtaining a copy of the police report, with translation if possible. Chief of Mission Authority.--The Secretary of State shall exercise existing authorities to strengthen interagency coordination at United States diplomatic facilities abroad to gain greater visibility on all United States Government foreign assistance in a country and region, and to strengthen the authority of the Chief of Mission. Conflict Stabilization Operations.--The agreement does not include the authority for the Bureau of Conflict and Stabilization Operations (CSO) to use funds made available under this heading for related reconstruction and stabilization grants and cooperative agreements. Funds are included under Economic Support Fund for CSO to support such activities, subject to the regular notification procedures of the Committees on Appropriations. Cultural Property.--The Cultural Properties Implementation Act requires each State Party seeking or participating in an MOU with the United States to take measures consistent with the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property to protect its cultural patrimony. In carrying out section 303(f) of such Act and in lieu of the guidance in the House and Senate reports, the Cultural Property Advisory Committee should consider a State Party's expenditures on securing and inventorying cultural sites and museums among the criteria used to determine whether a State Party has taken such measures. The Secretary of State should review the feasibility of collecting and reporting on such measures taken by a State Party and be prepared to report on such review during the hearing process on the fiscal year 2019 budget request. Eligible Family Member (EFM) Employment.--The agreement endorses the reporting directive under this heading in the Senate report concerning cost-savings associated with EFM employment at diplomatic facilities abroad. Expanded Professional Associates Program.--The agreement provides funds under this heading for the Expanded Professional Associates Program equal to the prior fiscal year, and the Secretary of State shall consult with the Committees on Appropriations prior to implementing a significant deviation from such levels. Foreign Affairs Security Training Center.--Not later than 45 days after enactment of the Act, the Secretary of State shall submit to the Committees on Appropriations a progress report on the Foreign Affairs Security Training Center project, which shall be updated semi-annually until the completion the completion of the project. The report shall include the requirements described under this heading in the House and Senate reports. Global Engagement Center (GEC).--The agreement includes up to $20,000,000 for the GEC for countering foreign state propaganda and disinformation. Pursuant to section 7015(h)(2)(A) of the Act, the Secretary of State shall consult with the appropriate congressional committees on the intended use of such funds, including any funds transferred or requested to be transferred for such purposes from the Department of Defense, prior to submitting the notification required by such section. In addition, not later than 30 days after enactment of the Act, the Secretary shall submit the reports related to the GEC referenced under this heading in the Senate report. Office to Monitor and Combat Trafficking in Persons.--The agreement includes $13,822,000 for the Office to Monitor and Combat Trafficking in Persons for support of activities and directives described in the House and Senate reports. Review of Development Finance Activities.--The Secretary of State, in consultation with the USAID Administrator, the President of the Overseas Private Investment Corporation (OPIC), and the heads of other relevant Federal agencies, shall submit the review required under this heading in the House report not later than 90 days after enactment of the Act. The review shall also include recommendations for enhancing the effectiveness of such programs within the current organization of executive agencies, and a comparison of the advantages and disadvantages of all recommendations made in the review, including in relation to those proposed in the fiscal year 2019 budget request. Workforce Diversity Initiatives.--Funds appropriated under this heading shall continue to be made available for support of workforce diversity initiatives, at levels commensurate with prior years, including for fellowships to promote diversity and excellence in the Foreign Service, such as the Charles B. Rangel International Affairs Program and the Thomas R. Pickering Foreign Affairs Fellowship Program. Worldwide Aviation Support Services.--In lieu of the requirement in the Senate report for the Department of State OIG to submit a report on the Worldwide Aviation Support Services contract, the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall consult with the Committees on Appropriations, not later than 90 days after enactment of the Act, on steps taken by the Department of State to ensure the security and safety of aviation services performed under such contract, including in Afghanistan. CAPITAL INVESTMENT FUND The Act provides $103,400,000 for Capital Investment Fund, including $88,400,000 for improving and modernizing information technology platforms. OFFICE OF INSPECTOR GENERAL The Act provides $77,629,000 for Office of Inspector General (OIG) in this title, of which $11,644,000 may remain available until September 30, 2019, and an additional $68,100,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. The Act waives the requirement of section 209(a)(1) of the Foreign Service Act of 1980, as included in prior fiscal years. In addition to the review required by this explanatory statement under section 7081, the OIG shall review the current status of the freeze on hiring, including EFM employment and lateral transfers, and assess the impact of such freeze during calendar year 2017 on: (1) the day-to-day function and mission of the Department of State, United States embassies, and consulates; (2) the safety, welfare, and morale of Department personnel; and (3) the personnel costs of the Department. The review shall also examine the impact of the suspension of EFM employment on embassy and consulate operations, and on other Federal agencies. EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS The Act provides $646,143,000 for Educational and Cultural Exchange Programs, of which not less than $240,000,000 is for the Fulbright Program and $111,360,000 is for the Citizen Exchange Program, of which not less than $4,125,000 is for the Congress-Bundestag Youth Exchange. Funds under this heading are allocated according to the following table: EDUCATIONAL AND CULTURAL EXCHANGES [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Program/Activity Authority ------------------------------------------------------------------------ Academic Programs: Fulbright Program...................................... 240,000 Global Academic Exchanges.............................. 63,176 Special Academic Exchanges............................. 16,950 Benjamin Gilman International Scholarship Program.. [12,550] ------------ Subtotal....................................... 320,126 Professional and Cultural Exchanges: International Visitor Program.......................... 97,765 Citizen Exchange Program............................... 111,360 Congress-Bundestag Youth Exchange.......................... [4,125] Special Professional and Cultural Exchanges............ 5,575 ------------ Subtotal....................................... 214,700 Special Initiatives: Young Leaders Initiatives.............................. 28,500 Countering State Disinformation and Pressure........... 12,000 ------------ Subtotal....................................... 40,500 Program and Performance.................................... 7,383 Exchanges Support.......................................... 63,434 ------------ Total...................................... 646,143 ------------------------------------------------------------------------ The Secretary of State shall include in the operating plan required by section 7076(a) of the Act the information listed under this heading in the House and Senate reports. Countering State Disinformation and Pressure.--The agreement includes $12,000,000 in additional funding to counter state-sponsored disinformation and hybrid threats, promote democracy, and support exchanges with countries facing state-sponsored disinformation and pressure campaigns, particularly in Europe and Eurasia. A portion of the funds shall be made available through a process whereby the Bureau of Educational and Cultural Affairs, Department of State, solicits proposals from posts located in affected countries. Fulbright Initiatives.--The agreement funds Fulbright program initiatives in Korea, the Baltic states and Finland, and Eastern Europe at not less than, and in a manner consistent with, fiscal year 2017. Bureau of Educational and Cultural Affairs Staffing.--The Bureau of Educational and Cultural Affairs, Department of State, which manages programs funded under this heading, is currently only staffed at 75 percent of its authorized personnel level. Under-staffing hinders the effective implementation and oversight of such programs. The Secretary of State is directed to report to the Committees on Appropriations not later than 30 days after enactment of the Act on a plan to ensure adequate personnel levels to effectively implement and oversee the funds provided for exchanges, including a justification for any proposed reductions to staffing below the authorized level. Citizen Exchange Program.--Funds made available for the Citizen Exchange Program are intended for the purposes described under this heading in the House report. Special Academic and Professional and Cultural Exchanges.-- The agreement includes funds to continue the Special Academic Exchanges and Special Professional [[Page H2843]] and Cultural Exchanges described in the House and Senate reports, including the Benjamin Gilman International Scholarship Program and the Tibetan exchanges and fellowships. The agreement includes $2,500,000 under this heading and $2,500,000 under Development Assistance for grants authorized by section 211 of the Vietnam Education Foundation Act of 2000, as amended. REPRESENTATION EXPENSES The Act provides $8,030,000 for Representation Expenses, subject to section 7020 of the Act. PROTECTION OF FOREIGN MISSIONS AND OFFICIALS The Act provides $30,890,000 for Protection of Foreign Missions and Officials. Section 7034(i) of the Act continues the authority for the Secretary of State to transfer expired, unobligated balances from funds made available under Diplomatic and Consular Programs to this heading. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE The Act provides $2,242,696,000 for Embassy Security, Construction, and Maintenance in this title, of which $1,477,237,000 is for Worldwide Security Upgrades (WSU) and $765,459,000 is for other construction, operations, and maintenance. An additional $71,778,000 is provided in title VIII under this heading that is designated for OCO/GWOT pursuant to BBEDCA. The agreement includes not less than $1,120,000,000 under this heading for the Department of State share of the Capital Security and Maintenance Cost Sharing Programs, consistent with section 7004(c) of the Act. These funds, combined with an estimated $151,100,000 from consular fee revenue, bring the total Department of State share for such programs to $1,271,100,000. The agreement includes funds for compound security upgrades and domestic renovations at not less than the fiscal year 2017 level. Design Excellence.--The Secretary of State shall submit the report required under this heading in the Senate report regarding a review of the Department of State's embassy construction processes and the Excellence approach, which shall also include a summary of any changes to the Design Excellence/Excellence approach already implemented. Such report shall be submitted to the appropriate congressional committees not later than 180 days after enactment of the Act. Diplomatic Facilities in Russia and Tunisia.--Not later than 45 days after the enactment of the Act, the Secretary of State shall consult with the Committees on Appropriations with respect to the funding directives for diplomatic facilities in Russia and Tunisia included in the Senate report. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE The Act provides $7,885,000 for Emergencies in the Diplomatic and Consular Service. REPATRIATION LOANS PROGRAM ACCOUNT The Act provides $1,300,000 for Repatriation Loans Program Account. PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN The Act provides $31,963,000 for Payment to the American Institute in Taiwan. INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA The Act provides $743,000 for International Center, Washington, District of Columbia. PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND The Act provides $158,900,000 for Payment to the Foreign Service Retirement and Disability Fund. International Organizations CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS The Act provides $1,371,168,000 for Contributions to International Organizations in this title, and an additional $96,240,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Review of Contributions to International Organizations and Multilateral Entities.--In lieu of the requirement in the Senate report under this heading, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit a report to the Committees on Appropriations not later than 90 days after enactment of the Act that includes: (1) a description of the current tools, methods, and resources, including personnel, employed by the Department of State, USAID, the Department of the Treasury, and other relevant Federal agencies, to assess the value of, and prioritize contributions to, international organizations and other multilateral entities; and (2) recommendations for the development of more effective tools and methods for evaluating United States participation in, and contributions to, such organizations and entities, including a review of the approach and methods specified in the Senate report. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES The Act provides $414,624,000 for Contributions for International Peacekeeping Activities in this title, and an additional $967,456,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Sufficient funds are provided in the agreement for United States contributions to peacekeeping missions at the statutory level of 25 percent. Funding for the United States share of the United Nations Support Office in Somalia is provided under Peacekeeping Operations in title VIII instead of under this heading. International Commissions INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO SALARIES AND EXPENSES The Act provides $48,134,000 for Salaries and Expenses. CONSTRUCTION The Act provides $29,400,000 for Construction. AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS The Act provides $13,258,000 for American Sections, International Commissions, including $8,052,000 for the International Joint Commission, $2,304,000 for the International Boundary Commission, and $2,902,000 for the Border Environment Cooperation Commission, in the amounts and for the purposes specified under this heading in the Senate report. In addition to the report required under this heading in the House report, not later than 60 days after enactment of the Act, the Secretary of State shall submit to the Committees on Appropriations a report detailing actions taken to date, and planned for the future, to engage the Government of Canada to jointly refer for research and study by the International Joint Commission the proposed deep geologic repository for nuclear waste in Kincardine, Ontario. The Secretary of State is directed to include in the report the diplomatic and legal steps the Department plans to take to address concerns about the protection of the Great Lakes water basin and to review alternatives for the proposed nuclear storage facility that will not place the health, safety, and economic security of residents of the Great Lakes basin at risk. INTERNATIONAL FISHERIES COMMISSIONS The Act provides $46,356,000 for International Fisheries Commissions. The agreement provides funding for the purposes specified under this heading in the Senate report and such funds are allocated according to the following table: INTERNATIONAL FISHERIES COMMISSIONS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Commission/Activity Authority ------------------------------------------------------------------------ Great Lakes Fishery Commission............................. 33,290 Lake Champlain Basin................................... [5,000] Inter-American Tropical Tuna Commission.................... 1,750 Pacific Salmon Commission.................................. 3,685 International Pacific Halibut Commission................... 4,200 Other Marine Conservation Organizations.................... 3,431 ------------ Total.............................................. 46,356 ------------------------------------------------------------------------ RELATED AGENCY Broadcasting Board of Governors INTERNATIONAL BROADCASTING OPERATIONS The Act provides $797,986,000 for International Broadcasting Operations. Of the funds made available under this heading, up to $34,508,000 may remain available until expended for satellite transmissions and Internet freedom programs, of which not less than $13,800,000 is for Internet freedom and circumvention programs. In addition, $1,200,000 is included within funds provided for Radio Free Asia for the personnel costs associated with Internet freedom activities, bringing the total provided for such programs to not less than $15,000,000. The Broadcasting Board of Governors (BBG) is directed to include amounts planned for Internet freedom in fiscal year 2018 as part of the operating plan required by section 7076(a) of the Act and to describe the planned activities in the Internet freedom spend plan required by section 7078(c) of the Act. Funds under this heading in the Act are allocated according to the following table: INTERNATIONAL BROADCASTING OPERATIONS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Entities/Grantees Authority ------------------------------------------------------------------------ Federal Entities: International Broadcasting Bureau (IBB): IBB Operations..................................... 58,628 Internet Freedom............................... [13,800] Office of Technology, Services, and Innovation......... 182,987 Voice of America....................................... 244,894 Office of Cuba Broadcasting............................ 28,936 ------------ Subtotal........................................... 515,445 Independent Grantee Organizations:..................... Radio Free Europe/Radio Liberty........................ 126,821 Radio Free Asia........................................ 44,173 Middle East Broadcasting Networks...................... 111,547 ------------ Subtotal........................................... 282,541 ------------ Total.......................................... 797,986 ------------------------------------------------------------------------ BROADCASTING CAPITAL IMPROVEMENTS The Act provides $9,700,000 for Broadcasting Capital Improvements. RELATED PROGRAMS The Asia Foundation The Act provides $17,000,000 for The Asia Foundation. United States Institute of Peace The Act provides $37,884,000 for United States Institute of Peace. Center for Middle Eastern-Western Dialogue Trust Fund The Act provides $140,000 from interest and earnings from the Center for Middle Eastern-Western Dialogue Trust Fund. Eisenhower Exchange Fellowship Program The Act provides $158,000 from interest and earnings from the Eisenhower Exchange Fellowship Program Trust Fund. [[Page H2844]] Israeli Arab Scholarship Program The Act provides $65,000 from interest and earnings from the Israeli Arab Scholarship Endowment Fund. East-West Center The Act provides $16,700,000 for East-West Center. National Endowment for Democracy The Act provides $170,000,000 for National Endowment for Democracy. Not later than 45 days after enactment of the Act, the President of the National Endowment for Democracy (NED) is directed to submit a report to the Committees on Appropriations on the proposed uses of the funds provided under this heading on a regional and country basis. The report should include a description of programmatic goals for each region and country and how the planned use of funds will meet such goals. The NED President should consult with such Committees in advance of any significant deviation from the plans outlined in such report. OTHER COMMISSIONS Commission for the Preservation of America's Heritage Abroad SALARIES AND EXPENSES The Act provides $675,000 for Commission for the Preservation of America's Heritage Abroad. United States Commission on International Religious Freedom SALARIES AND EXPENSES The Act provides $4,500,000 for United States Commission on International Religious Freedom (USCIRF), of which $1,000,000 is withheld from obligation until the Commission consults with the appropriate congressional committees on the steps taken to implement the recommendations of the Independent Review of USCIRF Mission Effectiveness that was conducted pursuant to the United States Commission on International Religious Freedom Reauthorization Act of 2015 (Public Law 114-71). Additionally, the funds withheld are subject to the regular notification procedures of the Committees on Appropriations. Commission on Security and Cooperation in Europe SALARIES AND EXPENSES The Act provides $2,579,000 for Commission on Security and Cooperation in Europe. Congressional-Executive Commission on the People's Republic of China SALARIES AND EXPENSES The Act provides $2,000,000 for Congressional-Executive Commission on the People's Republic of China. United States-China Economic and Security Review Commission SALARIES AND EXPENSES The Act provides $3,500,000 for United States-China Economic and Security Review Commission. TITLE II UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds Appropriated to the President OPERATING EXPENSES The Act provides $1,189,609,000 for Operating Expenses in this title, of which $178,441,000 may remain available until September 30, 2019, and an additional $158,067,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Funds for certain programs under this heading are allocated according to the following table: OPERATING EXPENSES [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Program/Mission Authority ------------------------------------------------------------------------ Atrocities Prevention Training............................. 250 USAID Advisor for Indigenous Peoples Issues................ 250 Regional Development Mission for Asia...................... 16,500 ------------------------------------------------------------------------ Limited Competition.--The USAID Administrator shall submit the report required under this heading in the House report regarding limited competition not later than 45 days after the enactment of the Act. Regional Development Mission for Asia.--The agreement provides $16,500,000 for the operating expenses of the Regional Development Mission for Asia (RDMA), including salaries and benefits and other direct costs, which is consistent with prior fiscal year levels. Any deviation in operations and personnel for RDMA, including any proposal for such deviation, shall be subject to the notification requirements of section 7019 of the Act. The March 8, 2018 USAID OIG report entitled ``USAID's Redesign Efforts Have Shifted Over Time'' (Audit Report 9- 000-18-003-P) raises questions about USAID's compliance with notification and reporting requirements mandated by law, and decision making processes regarding RDMA's Mission Management Assessment and the proposed closure of the Mission. While a review of RDMA is appropriate, particularly its role in supporting other missions in the region, the mishandling of this matter caused significant disruption to RDMA personnel, operations, and programs. The USAID Administrator is directed to review USAID actions regarding RDMA from November 2016 to the present, inform the appropriate congressional committees of specific findings and recommendations, and provide supporting documents. The review should include consultation with Department of State personnel at Embassy Bangkok. The USAID Administrator shall consult with the Committees on Appropriations prior to informing any mission of a proposed closure. Workforce Diversity Initiatives.--Funds appropriated under this heading shall continue to be made available for support of workforce diversity initiatives, at levels commensurate with prior years, including for fellowships to promote diversity and excellence in the Foreign Service, such as the Donald M. Payne International Development Graduate Fellowship Program. CAPITAL INVESTMENT FUND The Act provides $197,100,000 for Capital Investment Fund. The agreement includes not less than $167,500,000 under this heading for USAID's share of the Capital Security and Maintenance Cost Sharing Programs, consistent with section 7004(c) of the Act. OFFICE OF INSPECTOR GENERAL The Act provides $72,800,000 for Office of Inspector General, of which $10,920,000 may remain available until September 30, 2019, and an additional $2,500,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. The Act provides up to $2,000,000 to support Office of Inspector General activities in the West Bank and Gaza: $1,000,000 is provided under this heading and up to $1,000,000 is provided pursuant to section 7039. The Act also provides an additional $2,800,000 under this heading to support Office of Inspector General activities in Afghanistan. TITLE III BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President GLOBAL HEALTH PROGRAMS The Act provides $8,690,000,000 for Global Health Programs. Funds under this heading are allocated according to the following table and subject to section 7019 of the Act: GLOBAL HEALTH PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Program/Activity Authority ------------------------------------------------------------------------ Maternal and Child Health.................................. 829,500 Polio.................................................. [51,500] Maternal and Neonatal Tetanus.......................... [1,000] The GAVI Alliance...................................... [290,000] Nutrition (USAID).......................................... 125,000 Micronutrients......................................... [33,000] of which, Vitamin A.................................... [22,500] Iodine Deficiency Disorder............................. [2,500] Vulnerable Children (USAID)................................ 23,000 Blind Children......................................... [3,500] HIV/AIDS (USAID)........................................... 330,000 Microbicides........................................... [45,000] HIV/AIDS (Department of State)............................. 5,670,000 The Global Fund to Fight AIDS, Tuberculosis, and [1,350,000] Malaria............................................... UNAIDS................................................. [45,000] Family Planning/Reproductive Health (USAID)................ 523,950 Other Infectious Diseases (USAID).......................... 1,188,550 Global Health Security................................. [72,550] Malaria................................................ [755,000] Tuberculosis........................................... [261,000] of which, Global TB Drug Facility...................... [15,000] Neglected Tropical Diseases............................ [100,000] ------------ Total.............................................. 8,690,000 ------------------------------------------------------------------------ Female Morbidity and Mortality.--Not later than 120 days after enactment of the Act, the USAID Administrator shall submit a report to the Committees on Appropriations on the leading causes of morbidity and mortality of females in low- income countries by age group from infancy to older age, the cost of effectively addressing such causes, and an assessment of the quality and coverage of data in such countries on female morbidity and mortality. Repurposed Funds.--Section 7058(d) of the Act repurposes funds from title IX of division J of Public Law 113-235 for specific purposes. DEVELOPMENT ASSISTANCE The Act provides $3,000,000,000 for Development Assistance. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: DEVELOPMENT ASSISTANCE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Global Programs Authority ------------------------------------------------------------------------ Bureau for Food Security................................... 315,960 Community Development Fund............................. [80,000] Feed the Future Innovation Labs........................ [55,000] Global Crop Diversity Trust............................ [15,000] Combating child marriage................................... 11,000 Development Innovation Ventures............................ 23,000 Leahy War Victims Fund..................................... 13,500 Ocean Freight Reimbursement Program........................ 1,500 Reconciliation Programs.................................... 18,000 Trade capacity building.................................... 10,000 USAID Advisor for Indigenous Peoples Issues................ 3,500 Victims of torture......................................... 12,000 Wheelchairs................................................ 5,000 ------------------------------------------------------------------------ Domestic Resource Mobilization.--Funds appropriated by the Act under title III should be made available for USAID to promote domestic resource mobilization consistent with the purposes identified in the House and Senate reports. The USAID Administrator shall consult with the Committees on Appropriations prior to the obligation of such funds, including on how eligibility for such assistance will be determined and how USAID, in consultation with other Federal agencies, will develop the objectives, monitor the implementation, and measure the outcomes of such assistance. [[Page H2845]] Food Security and Agricultural Development.--Funds provided to countries for food security and agricultural development should be made available at levels not less than the prior fiscal year, particularly for countries with high levels of food insecurity. Higher Education.--The agreement includes funds for partnerships between higher education institutions in the United States and developing countries to be used for institutional capacity building, including $15,000,000 for new partnerships which should be competed and awarded not later than one year after enactment of the Act. Despite congressional directives in prior years, USAID has not sufficiently responded to the demand for higher education institutional capacity building. Programs should be designed to ensure that each partnership has sufficient resources and time to affect meaningful institutional change and should be awarded on an open and competitive basis. The USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of funds made available for higher education partnerships. Indigenous Peoples.--The USAID Administrator is directed to develop, in consultation with the heads of other relevant Federal agencies and indigenous peoples' organizations, a USAID policy to guide the Agency in effectively addressing the rights and needs of indigenous peoples in USAID programs, projects, and activities. The Administrator shall report to the Committees on Appropriations on progress in developing the policy not later than 90 days after enactment of the Act. Latrines.--In lieu of the directive in the Senate report regarding latrines, the agreement provides funds to support initiatives by local communities in developing countries to build and maintain safe latrines. Microenterprise and Microfinance.--Not later than 120 days after enactment of the Act, the USAID Administrator shall submit a report to the appropriate congressional committees on the extent to which microenterprise and microfinance programs have demonstrated sustainable improvements in the lives of the very poor or of those who are slightly above the poverty level in developing countries. The report shall further address, based on the latest evidence, the most effective approaches to economic empowerment of the poor in order to provide sustainable pathways out of poverty in such countries. INTERNATIONAL DISASTER ASSISTANCE The Act provides $2,696,534,000 for International Disaster Assistance in this title, and an additional $1,588,778,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. TRANSITION INITIATIVES The Act provides $30,000,000 for Transition Initiatives in this title, and an additional $62,043,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. COMPLEX CRISES FUND The Act provides $10,000,000 for Complex Crises Fund in this title, and an additional $20,000,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Consistent with previous practice, the USAID Administrator shall have responsibility for the use of funds appropriated under this heading in this title, in consultation with the Secretary of State, and the Secretary of State shall have the responsibility for the use of funds appropriated under this heading in title VIII. DEVELOPMENT CREDIT AUTHORITY The Act includes a $55,000,000 limitation on funds that may be transferred from other programs in this title to Development Credit Authority. In addition, $10,000,000 is provided for administrative expenses, which may be transferred to, and merged with, Operating Expenses. A limitation of $1,750,000,000 is included on total loan principal. ECONOMIC SUPPORT FUND The Act provides $1,816,731,000 for Economic Support Fund in this title, and an additional $2,152,122,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: ECONOMIC SUPPORT FUND [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Global Programs Authority ------------------------------------------------------------------------ Ambassador-at-Large for Global Women's Issues.............. 10,000 Conflict and Stabilization Operations...................... 5,000 Disability Programs........................................ 7,500 Family Planning/Reproductive Health (USAID)................ 51,050 House Democracy Partnership................................ 1,900 Organization of American States............................ 9,000 Polio...................................................... 7,500 Reconciliation Programs.................................... 12,000 Trade capacity building.................................... 10,000 ------------------------------------------------------------------------ The agreement provides funding to support the first through third organizational pillars of the Organization of American States. Within the total provided under this heading, $4,000,000 is for programs to strengthen democracy, and $5,000,000 is for programs to promote and protect human rights, of which not less than $500,000 is for the Office of the Special Rapporteur for Freedom of Expression. Such funds are subject to prior consultation with the Committees on Appropriations. Programs that provide policy and technical training to information communication technology professionals from developing countries shall be continued at the fiscal year 2017 levels. DEMOCRACY FUND The Act provides $215,500,000 for Democracy Fund, of which $150,375,000 is for the Department of State Human Rights and Democracy Fund, including $5,000,000 to implement section 7032(i) of the Act, and $65,125,000 is for the USAID Center of Excellence for Democracy, Human Rights, and Governance. The Assistant Secretary for Democracy, Human Rights, and Labor shall consult with the Committees on Appropriations on the uses of funds provided by the Act for the Human Rights and Democracy Fund that are above the fiscal year 2016 level. A portion of funds appropriated by the Act under this heading may be used by the Bureau of Democracy, Human Rights, and Labor (DRL), Department of State, and the Bureau for Democracy, Conflict, and Humanitarian Assistance, USAID, for costs associated with administering such funds. ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA The Act provides $750,334,000 for Assistance for Europe, Eurasia and Central Asia. The agreement continues the notwithstanding authority provided in the prior year. Not later than 45 days after enactment of the Act, the Secretary of State, in coordination with the USAID Administrator, shall submit a report to the Committees on Appropriations on the use of such authority during fiscal year 2017 to include: (1) a description of each use of such authority, including the activity, purpose, and dollar amount, if applicable; (2) the provision of law that was notwithstood; and (3) in the absence of such authority, the use of an alternative notwithstanding authority that would have achieved the same result. The report shall include such information with regard to hiring and personnel matters. Baltic States.--Funds made available by the Act for the Countering Russian Influence Fund (CRIF) shall be made available for the Baltic states for cyber and democracy programs to counter Russian influence and aggression. The Secretary of State shall consult with the Committees on Appropriations on the uses of such funds. Department of State MIGRATION AND REFUGEE ASSISTANCE The Act provides $927,802,000 for Migration and Refugee Assistance in this title, and an additional $2,431,198,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Funds made available under this heading in the Act shall be administered in accordance with the directive in section 7081(b)(2)(A) of the Act. Funds made available by the Act should be made available to address the needs of refugees from Venezuela in Colombia, including to reduce stress on Colombian health care and other social welfare systems. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND The Act provides $1,000,000 for United States Emergency Refugee and Migration Assistance Fund. The agreement also directs the transfer to Migration and Refugee Assistance of any balances in the Fund that exceed the limitation in paragraph (2) of section 2(c) of the Migration and Refugee Assistance Act of 1962. Independent Agencies PEACE CORPS (INCLUDING TRANSFER OF FUNDS) The Act provides $410,000,000 for Peace Corps. MILLENNIUM CHALLENGE CORPORATION The Act provides $905,000,000 for Millennium Challenge Corporation, including up to $105,000,000 for administrative expenses. INTER-AMERICAN FOUNDATION The Act provides $22,500,000 for Inter-American Foundation. UNITED STATES AFRICAN DEVELOPMENT FOUNDATION The Act provides $30,000,000 for United States African Development Foundation. Department of the Treasury INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE The Act provides $30,000,000 for International Affairs Technical Assistance. The operating and spend plans required under sections 7076(a) and (b) of the Act shall include estimated program and administrative costs by fiscal year of appropriation. TITLE IV--INTERNATIONAL SECURITY ASSISTANCE Department of State INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT The Act provides $950,845,000 for International Narcotics Control and Law Enforcement in this title, and an additional $417,951,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Program/Activity Budget Authority ------------------------------------------------------------------------ Combating wildlife trafficking....................... 50,000 [[Page H2846]] Cybercrime and intellectual property rights.......... 10,000 Demand reduction..................................... 12,500 International Law Enforcement Academy................ 27,000 Programs to end modern slavery....................... 25,000 ------------------------------------------------------------------------ Combating Wildlife Trafficking.--Funds included to combat wildlife trafficking should be used to strengthen law enforcement capacity, further partnerships through regional and international cooperation, and provide site-based protection of wildlife. The Secretary of State shall continue to consult with the Committees on Appropriations on the use of aircraft for anti-poaching activities, including any demonstration projects started in the previous fiscal year. Cybercrime and Intellectual Property Rights.--The agreement includes $10,000,000 to support the efforts of Federal agencies to build the capacity of partner nations to combat cybercrime and strengthen law enforcement in the area of intellectual property rights. Not later than 45 days after enactment of the Act and prior to the initial obligation of funds for such purposes, the Secretary of State is directed to submit a spend plan to the Committees on Appropriations for assistance planned under this heading. International Organized Crime.--The agreement includes $27,000,000 to further the objectives of Executive Order 13773 on Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking, which is in addition to funds made available for combating wildlife trafficking. Not later than 45 days after enactment of the Act and prior to the initial obligation of funds for such purposes, the Secretary of State is directed to submit a spend plan to the Committees on Appropriations for assistance planned under this heading. Opioids.--The agreement supports Department of State programs to combat the production, trafficking, and sale of heroin, fentanyl, and other opioids. Not later than 90 days after enactment of the Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes the specific activities undertaken or planned by the Department of State to stop the flow of opioids into the United States. The report shall also include relevant information on efforts by other Federal agencies implementing programs in foreign countries, and steps taken to achieve such goals by countries in which opioids are produced or trafficked. NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS The Act provides $655,467,000 for Nonproliferation, Anti- terrorism, Demining and Related Programs in this title, and an additional $220,583,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Program/Activity Budget Authority ------------------------------------------------------------------------ Nonproliferation programs............................ 292,300 Nonproliferation and Disarmament Fund............ [30,000] Export Control and Related Border Security....... [60,000] Global Threat Reduction.......................... [70,000] International Atomic Energy Agency............... [94,800] Anti-terrorism programs.............................. 344,750 Anti-terrorism Assistance........................ [182,000] of which, airport and aviation security.......... [20,000] Terrorist Interdiction Program................... [36,000] Counterterrorism financing....................... [12,500] Counterterrorism Partnerships Fund............... [114,250] Conventional weapons destruction..................... 189,000 Humanitarian demining............................ [151,500] ------------------------------------------------------------------------ Airport and Aviation Security.--Not later than 45 days after enactment of the Act and prior to the initial obligation of funds for such purposes, the Secretary shall submit a spend plan to the Committees on Appropriations on the uses of such funds by country and program. Conventional Weapons Destruction.--In lieu of the directives under this heading in the House and Senate reports, the Secretary of State shall conduct an assessment of programs funded under this heading and submit a report to the Committees on Appropriations not later than 90 days after enactment of the Act. For each country that receives $2,000,000 or more of assistance for conventional weapons destruction programs, the report shall include: (1) an explanation of the United States national interest served; (2) the risk factors and casualty data associated with such weapons and their proposed removal; (3) the effectiveness of ongoing programs, including a description of how programs are evaluated; (4) short and long-term goals, graduation criteria, and associated metrics; (5) the cooperation of host governments in program implementation; (6) support for similar activities from sources other than the United States Government; and (7) the scale of the conventional weapons problem in such country that are intended to be addressed by such assistance. The Secretary of State shall consult with the Committees on Appropriations prior to conducting such assessment. PEACEKEEPING OPERATIONS The Act provides $212,712,000 for Peacekeeping Operations in this title, and an additional $325,213,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Funds under this heading are allocated according to the following table and subject to section 7019 of the Act: PEACEKEEPING OPERATIONS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Program/Activity Authority ------------------------------------------------------------------------ Africa..................................................... 326,825 Central African Republic............................... [8,000] Democratic Republic of the Congo....................... [5,000] Liberia................................................ [1,000] Somalia................................................ [253,500] South Sudan............................................ [25,000] Africa Regional........................................ [34,325] of which, Partnership for Regional East Africa [10,000] Counterterrorism...................................... of which, Africa Conflict Stabilization and Border [8,400] Security.............................................. of which, Africa Military Education Program............ [3,000] of which, Africa Maritime Security Initiative.......... [2,000] of which, Africa Regional Counterterrorism............. [10,000] Near East.................................................. 31,000 Multinational Force and Observers...................... [31,000] Political-Military Affairs................................. 180,100 Defense Reform......................................... [5,000] Trans-Sahara Counterterrorism Partnership.............. [34,100] Global Peacekeeping Operations Initiative.............. [61,000] ------------------------------------------------------------------------ Total.............................................. 537,925 of which, OCO.................................. [325,213] ------------------------------------------------------------------------ Congressional notifications submitted for funds made available under Peacekeeping Operations shall continue to include for each program a description of the type of equipment, training, or other assistance to be provided, and the total amount obligated for each such program in fiscal years 2017 and 2018 at the time of submission of such notification, on a country-by-country basis to the extent practicable. Multinational Force and Observers.--Funds made available by the Act above the level of the United States contribution are intended to address ongoing force protection requirements and emerging needs to protect and sustain the Multinational Force and Observers mission in the Sinai. Funds Appropriated to the President INTERNATIONAL MILITARY EDUCATION AND TRAINING The Act provides $110,875,000 for International Military Education and Training, of which up to $11,000,000 may remain available until September 30, 2019. The agreement includes $1,000,000 for Greece and not less than the fiscal year 2017 level for Malta. The agreement also includes $5,000,000 for the Countering Russian Influence Fund. The agreement does not provide funding under this heading for Nicaragua. The Secretary of State is directed to submit the report described under this heading in the House report concurrently with the report required by section 7034(b)(7) of the Act. FOREIGN MILITARY FINANCING PROGRAM The Act provides $5,671,613,000 for Foreign Military Financing Program in this title, and an additional $460,000,000 in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. Countering Russian Influence Fund.--Funds made available for the CRIF under this heading are provided to assist countries in Europe and Eurasia in enhancing the capacity of their security forces, including for the modernization of systems of North Atlantic Treaty Organization partners, such as Greece. The Secretary of State is directed to consult with the Committees on Appropriations on the proposed uses of such funds prior to the submission of the spend plan required by section 7076(b) of the Act. Greece.--Not later than 30 days after enactment of the Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report to the appropriate congressional committees detailing the proposed upgrades to the Greek F-16 fighter jet program and recommending specific actions to be taken to support such upgrades, including with funds made available under this heading. TITLE V MULTILATERAL ASSISTANCE Funds Appropriated to the President INTERNATIONAL ORGANIZATIONS AND PROGRAMS The Act provides $339,000,000 for International Organizations and Programs. Funds under this heading are allocated according to the following table and subject to section 7019 of the Act: INTERNATIONAL ORGANIZATIONS AND PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Programs Authority ------------------------------------------------------------------------ International Chemicals and Toxins Programs................ 3,175 International Civil Aviation Organization.................. 800 International Conservation Programs........................ 7,000 International Development Law Organization................. 400 International Maritime Organization........................ 325 Montreal Protocol Multilateral Fund........................ 31,000 Organization of American States Development Assistance 500 Programs.................................................. Regional Cooperation Agreement on Combating Piracy and 50 Armed Robbery Against Ships in Asia....................... UN Capital Development Fund................................ 500 UN Children's Fund......................................... 137,500 of which, Combating female genital mutilation programs. [5,000] UN Democracy Fund.......................................... 3,000 UN Development Program..................................... 80,000 UN Environmental Programs.................................. 10,000 UN High Commissioner for Human Rights...................... 8,500 of which, Honduras..................................... [500] [[Page H2847]] of which, Colombia..................................... [1,000] UN Human Settlements Program............................... 700 UN Office for the Coordination of Humanitarian Affairs..... 2,500 UN Population Fund......................................... 32,500 UN Special Representative of the Secretary-General for 1,750 Sexual Violence in Conflict............................... UN Trust Fund to End Violence Against Women................ 1,000 UN Voluntary Fund for Technical Cooperation in the Field of 1,150 Human Rights.............................................. UN Voluntary Fund for Victims of Torture................... 6,550 UN Women................................................... 8,500 World Meteorological Organization.......................... 1,000 World Trade Organization Technical Assistance.............. 600 ------------------------------------------------------------------------ Total.................................................. 339,000 ------------------------------------------------------------------------ International Financial Institutions GLOBAL ENVIRONMENT FACILITY The Act provides $139,575,000 for Global Environment Facility. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION The Act provides $1,097,010,000 for Contribution to the International Development Association. CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND The Act provides $47,395,000 for Contribution to the Asian Development Fund. CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK The Act provides $32,418,000 for Contribution to the African Development Bank. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The Act provides $507,860,808 for Limitation on Callable Capital Subscriptions. CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND The Act provides $171,300,000 for Contribution to the African Development Fund. CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT The Act provides $30,000,000 for Contribution to the International Fund for Agricultural Development. GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM The Act does not include an appropriation for a contribution to the Global Agriculture Food Security Program (GAFSP), which has remaining balances available from prior appropriations Acts for such contribution. The Secretary of the Treasury shall continue the 2012 pledge to provide to GAFSP $1 for every $2 in contributions from other donors, utilizing such prior year balances. TITLE VI EXPORT AND INVESTMENT ASSISTANCE Export-Import Bank of the United States INSPECTOR GENERAL The Act provides $5,700,000 for Inspector General for the Export-Import Bank of the United States, of which $855,000 may remain available until September 30, 2019. ADMINISTRATIVE EXPENSES The Act provides $110,000,000 for Administrative Expenses for the Export-Import Bank of the United States, of which $16,500,000 may remain available until September 30, 2019. Overseas Private Investment Corporation NONCREDIT ACCOUNT The Act provides $79,200,000 for Noncredit Account of the Overseas Private Investment Corporation. PROGRAM ACCOUNT The Act provides $20,000,000 for Program Account of the Overseas Private Investment Corporation. In lieu of the directive on monthly reports in the House report, OPIC shall submit the confidential annex on a quarterly basis for the current year to the Committees on Appropriations not later than 30 days after the end of each quarter, including the amounts of principal and subsidy obligated or deobligated by date and the remaining unobligated balances of resources and the statutory cap. This quarterly report is in addition to the annual confidential annex. The efforts made by the OPIC President and the USAID Inspector General to successfully reach a long-term inter- agency agreement for continued oversight of OPIC are commendable. In support of such agreement, not less than $1,000,000 under this heading shall be allocated to reimburse the USAID OIG for costs for fiscal year 2018 oversight activities. TRADE AND DEVELOPMENT AGENCY The Act provides $79,500,000 for Trade and Development Agency. TITLE VII GENERAL PROVISIONS The following general provisions are continued in the Act substantively unchanged from the fiscal year 2017 Act (division J of Public Law 115-31): Section 7001. Allowances and Differentials Section 7002. Unobligated Balances Report Section 7003. Consulting Services Section 7005. Personnel Actions Section 7007. Prohibition Against Direct Funding for Certain Countries Section 7008. Coups d'Etat Section 7009. Transfer of Funds Authority Section 7012. Limitation on Assistance to Countries in Default Section 7014. Reservations of Funds Section 7016. Notification on Excess Defense Equipment Section 7018. Prohibition on Funding for Abortions and Involuntary Sterilization Section 7020. Representation and Entertainment Expenses Section 7021. Prohibition on Assistance to Governments Supporting International Terrorism Section 7022. Authorization Requirements Section 7023. Definition of Program, Project, and Activity Section 7024. Authorities for the Peace Corps, Inter-American Foundation and United States African Development Foundation Section 7025. Commerce, Trade and Surplus Commodities Section 7026. Separate Accounts The USAID Administrator is directed to include the report on local currency in the congressional budget justification pursuant to subsection (a)(5). Section 7027. Eligibility for Assistance Section 7028. Local Competition Section 7029. International Financial Institutions Section 7030. Debt-for-Development Section 7035. Arab League Boycott of Israel Section 7036. Palestinian Statehood Section 7037. Restrictions Concerning the Palestinian Authority Section 7038. Prohibition on Assistance to the Palestinian Broadcasting Corporation Section 7040. Limitation on Assistance for the Palestinian Authority Section 7047. War Crimes Tribunals Section 7049. Community-Based Police Assistance Section 7050. Disability Programs Section 7051. International Conferences Section 7052. Aircraft Transfer, Coordination, and Use Section 7053. Parking Fines and Real Property Taxes Owed by Foreign Governments Section 7054. Landmines and Cluster Munitions Section 7055. Prohibition on Publicity or Propaganda Section 7056. Continuous Supervision and General Direction of Economic and Military Assistance Section 7057. United States Agency for International Development Management Section 7061. Overseas Private Investment Corporation Section 7062. Arms Trade Treaty Section 7063. Inspectors General Section 7064. Reporting Requirements Concerning Individuals Detained at Naval Station, Guantanamo Bay, Cuba Section 7065. Multi-Year Pledges Section 7066. Prohibition on the Use of Torture Section 7067. Extradition The Act continues the limitation on assistance for the central government of a country that refuses to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without parole or for killing a law enforcement officer, as specified in a United States extradition request. The Secretary of State is directed to engage with foreign governments not covered by section 7067 of the Act, such as the Government of Cuba, to resolve cases of fugitives from justice, including persons sought by the United States Department of Justice for such crimes committed in the United States, such as Joanne Chesimard. Section 7068. Commercial Leasing of Defense Articles Section 7071. International Monetary Fund Section 7072. Special Defense Acquisition Fund Section 7074. Enterprise Funds Section 7075. Use of Funds in Contravention of this Act Section 7079. Impact on Jobs in the United States Section 7082. United Nations Population Fund The following general provisions are new or substantively modified from the fiscal year 2017 Act (division J of Public Law 115-31): Section 7004. Diplomatic Facilities (Modified) Subsection (c) includes a new requirement that funds appropriated by the Act that are made available for Federal agencies shall be made available for the Capital Security Cost Sharing Program and the Maintenance Cost Sharing Program at levels not less than the prior fiscal year. Subsection (h) directs that the Secretary of State not grant final approval for the construction of a new facility or substantial construction to improve or expand an existing facility in the United States by or for the Government of the People's Republic of China (PRC) until the Secretary certifies that the PRC permits secure resupply, maintenance, and new construction of United States Government facilities in the PRC. Subsection (i) conditions a portion of assistance for the Government of the Democratic Republic of the Congo until the Secretary of State certifies that such Government has vacated the property purchased by the United States in Kinshasa for the construction of a New Embassy Compound. Subsection (j) adds the New Delhi Embassy project to the reporting directive carried in prior years. Section 7006. Department of State Management (Modified) The report required in subsection (c) shall include a description of the criteria used by the Secretary of State to certify that an office or bureau is capable of managing and overseeing foreign assistance, and a brief description of the technical training required [[Page H2848]] by the Department of State for personnel involved in such activities. The report should also include a summary of each open recommendation from the Department of State Office of Inspector General related to oversight and management of foreign assistance for such bureau or office and the respective timelines and actions planned to close such recommendations. The plan and timeline required in paragraph (3) shall be submitted to the Committees on Appropriations. Section 7010. Prohibition on Certain Operational Expenses (Modified) Section 7011. Availability of Funds (Modified) Section 7013. Prohibition on Taxation of United States Assistance (Modified) The report required to be submitted by the Secretary of State pursuant to subsection (h) shall include a description of the steps taken by the Department of State and other relevant Federal agencies to comply with the requirements of this section. The report shall include rules, regulations, and policy guidance issued and updated pursuant to subsection (f). Section 7015. Notification Requirements (Modified) Trust Funds.--In lieu of the notification requirements in the House report for certain trust funds, notifications submitted pursuant to subsection (g), including for funds made available for the Women Entrepreneurs Finance Initiative, shall include the following information: (1) the office or bureau at the Department of the Treasury and USAID or the Department of State that will oversee programs and expenditures of the trust fund; (2) the Web site link to publicly available expenditures of the trust fund; (3) a copy of the administrative agreement between the international financial institution and the United States; and (4) whether direct government assistance will be provided by the trust fund and specific risk mitigation and anti-corruption steps are being taken by the trust fund. Programs to End Modern Slavery.--The notification requirement for programs to end modern slavery in subsection (h)(2)(G) shall not apply to funds made available pursuant to section 7060(f). Section 7017. Limitation on Availability of Funds for International Organizations and Programs (Modified) Section 7019. Allocations and Reports (Modified) The Act continues the requirement, with certain exceptions and in accordance with the terms and conditions of the Act, that amounts designated in the respective tables referenced in the explanatory statement accompanying the Act shall be made available in such designated amounts and shall be the basis of the 653(a) report, where applicable. Section 7031. Financial Management and Budget Transparency (Modified) The waiver authority provided in subsection (c)(3) may only be exercised with respect to an individual. Section 7032. Democracy Programs (Modified) Funds.--The Act provides a total of not less than $2,308,517,000 for democracy programs. The spend plan required pursuant to section 7076(b) for such programs should include regions and global programs at not less than the following levels: $314,271,000 for Africa; $147,130,000 for East Asia and the Pacific; $218,141,000 for Europe and Eurasia; $280,111,000 for Near East; $517,426,000 for South and Central Asia; $551,245,000 for Western Hemisphere; and $280,193,000 for global programs. Funds made available for democracy programs in Africa are also designated in the Other Assistance for Africa table under section 7042 of this explanatory statement. Funds made available pursuant to this section are not intended for attribution to other sector or program directives included in the Act. Authority.--The Secretary of State and USAID Administrator shall only apply the authority of subsection (b) to funds attributed to democracy programs pursuant to subsection (a) and to funds made available to the NED. Current Practices.--For the purposes of subsection (f), the term civil society includes the program area Independent Media and Free Flow of Information. Not later than September 30, 2018, the USAID Administrator shall submit to the appropriate congressional committees a report on the use of acquisition and assistance instruments for democracy programs, which shall include: (1) the assessment being conducted by USAID as a result of the recommendation of the United States Government Accountability Office report GAO-18-136 Democracy Assistance; and (2) an assessment of implementation of the Amplifying Guidance for Democracy, Human Rights, and Governance programs. Bureau of Democracy, Human Rights, and Labor, Department of State.--Subsection (a)(2) provides that DRL shall administer not less than the amount of democracy funds made available by the Act under Economic Support Fund and Assistance for Europe, Eurasia and Central Asia as DRL administered in fiscal year 2017. In order to more accurately track funds administered by DRL, including funds made available for specific directives, the Secretary of State shall identify in the 653(a) report the amount of funds, at the country or program level, as appropriate, to be administered by DRL under Economic Support Fund, Democracy Fund, and Assistance for Europe, Eurasia and Central Asia. Protection of Civil Society Activists and Journalists.-- Subsection (i) requires an action plan to address how diplomatic engagement and foreign assistance will be used in a proactive and consistent manner to support and protect members of civil society, including democratic activists, human rights and environmental defenders, and independent journalists who have been threatened, harassed, or attacked for exercising their rights of free expression, association, or assembly. DRL shall develop the plan in coordination with other relevant bureaus and offices of the Department of State and USAID, and in consultation with representatives of civil society and independent media organizations whose members have been threatened, harassed, or attacked. The action plan should include an analysis of current programs that work with civil society actors in restrictive environments to increase their protection, provide legal assistance and emergency training, and identify gaps where greater support and protection are possible. Funds made available pursuant to this subsection are in addition to amounts allocated for such purposes in fiscal year 2017. Prior to the obligation of such funds, the Secretary of State shall consult with the Committees on Appropriations on: (1) the proposed allocations by bureau and office; and (2) proposed activities to implement the plan, including to enhance the security of such activists and journalists, support the enactment of laws to protect fundamental freedoms and the rights of civil society and independent media organizations to operate, and increase public awareness about the legitimate role of such organizations in society. Section 7033. International Religious Freedom (Modified) The Act provides not less than $25,000,000 for international religious freedom programs, including to protect vulnerable and persecuted religious minorities. Transitional justice programs should support the efforts of entities, including nongovernmental organizations, to assist in addressing crimes of genocide, crimes against humanity, or war crimes, including in Iraq, Syria, Sri Lanka, and Burma. Pursuant to subsection (d), funds for atrocities prevention shall be derived in the following manner: $2,500,000 under Economic Support Fund and $2,500,000 under International Narcotics Control and Law Enforcement. The agreement includes not less than $1,000,000 for programs to combat anti-Semitism abroad. Section 7034. Special Provisions (Modified) The Secretary of State has not submitted several reports required by section 7034(b)(8) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115-31). The Secretary of State is directed to submit such reports not later than 30 days after the enactment of the Act. The agreement does not include a requirement for the Secretary of State to withhold assistance to the central government of a country if the Secretary determines that such government has engaged in, planned, or facilitated unconventional attacks against United States personnel stationed abroad. However, the Secretary shall regularly brief the appropriate congressional committees on embassy security matters, including unconventional attacks, as appropriate. Of the funds made available pursuant to subsection (b)(4)(A), funds shall be made available for such programs in Colombia, El Salvador, Guatemala, Iraq, Sri Lanka, and Syria. In addition to the directives in subsection (k), and with respect to the implementation of section 203(a)(2) of Public Law 110-457, the Secretary of State shall consider the following as sufficient to determine that a diplomatic mission ``tolerated such actions'': the failure to provide a replacement passport within a reasonable period of time to a T-visa recipient; the existence of multiple concurrent civil suits against members of the diplomatic mission; or the failure to satisfy a civil judgment against an employee of the diplomatic mission. Subsection (o)(2) includes Egypt, Jordan, and Tunisia. Subsection (p) renames the Small Grants Program as Local Works. The USAID Administrator is directed to comply with the directives under the heading Local Sustainable Awards Program (LSAP) in this section and under the heading Local Sustainable Development Officers under Operating Expenses in the Senate report, except that each reference to LSAP and to the Small Grants Program shall be considered a reference to Local Works. Section 7039. Assistance for the West Bank and Gaza (Modified) For the purposes of subsection (c)(1)(A), the prohibition shall include any funds provided to family members of Palestinians who commit or have committed acts of terrorism if the purpose of providing such funds is to recognize or otherwise honor the individual who commits or has committed such acts. Section 7041. Middle East and North Africa (Modified) Egypt.--Funds for Egypt are allocated according to the following table and subject to section 7019 of the Act: [[Page H2849]] EGYPT [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Economic Support Fund...................................... 112,500 International Narcotics Control and Law Enforcement........ 2,000 Nonproliferation, Anti-terrorism, Demining and Related 3,000 Programs.................................................. International Military Education and Training.............. 1,800 Foreign Military Financing Program......................... 1,300,000 ------------ Total.............................................. 1,419,300 ------------------------------------------------------------------------ The Act provides not less than $10,000,000 for Egyptian students with high financial need to attend not-for-profit institutions of higher education. Such institutions must meet standards equivalent to those required for United States institutional accreditation by a regional accrediting agency recognized by the United States Department of Education. For the purpose of the certification required under subsection (a)(3)(A)(v), such cases include the murder of Giulio Regeni. The agreement requires that an assessment of the Government of Egypt's compliance with United Nations Security Council Resolution 2270 and other such resolutions regarding North Korea be included in the report required to accompany any waiver exercised by the Secretary of State pursuant to subsection (a)(3)(B). Illicit arms sales and trafficking are a source of significant revenue for the North Korean regime and present an increasing threat to United States national security and global stability. Iraq.--Funds are made available to support American-style higher education institutions in Iraq, including in the Kurdistan region, on an open and competitive basis. American educational institutions play an important role in educating the next generation of leaders in the region, countering extremism, strengthening democracy, and encouraging economic opportunities. The Secretary of State or USAID Administrator, as appropriate, shall include funds allocated for this purpose in the spend plan submitted pursuant to section 7076(b) of the Act. Jordan.--In addition to the amounts designated in the Act for Economic Support Fund and Foreign Military Financing Program for assistance for Jordan, the agreement includes not less than $13,600,000 under Nonproliferation, Anti-terrorism, Demining and Related Programs and not less than $4,000,000 under International Military Education and Training for assistance for Jordan. Lebanon.--In meeting the reporting requirement on Lebanon in the House report under Foreign Military Financing Program, the Secretary of State shall also include an assessment of the capability and performance of the Lebanese Armed Forces over time in carrying out each of the purposes contained in subsection (e)(4). Libya.--No funds were requested for lethal assistance for Libya, and none are provided in the Act. In submitting the certification required by subsection (f)(3), the Secretary of State is directed to include a description of how regular oversight will be provided by the Department of State and USAID, as well as a detailed description of the vetting procedures used for recipients of any assistance made available by the Act for security forces. Morocco.--Funds for Morocco are allocated according to the following table and subject to section 7019 of the Act: MOROCCO [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Economic Support Fund..................................... 20,000 International Narcotics Control and Law Enforcement........ 5,000 Nonproliferation, Anti-terrorism, Demining and Related 1,500 Programs.................................................. International Military Education and Training.............. 2,000 Foreign Military Financing Program......................... 10,000 ------------ Total.............................................. 38,500 ------------------------------------------------------------------------ Refugee Assistance in North Africa.--In lieu of the statements regarding United Nations Security Council Resolution 2351 in the House and Senate reports, subsection (h) includes a reporting requirement regarding the delivery of humanitarian assistance to refugees in North Africa. Relief and Recovery Fund.--The agreement includes the following amounts for the Relief and Recovery Fund: $25,000,000 under International Narcotics Control and Law Enforcement; $50,000,000 under Nonproliferation, Anti- terrorism, Demining and Related Programs; $80,000,000 under Peacekeeping Operations; $75,000,000 under Foreign Military Financing Program; and $270,000,000 under Economic Support Fund, which includes funds for assistance for Libya, Syria, and Yemen. Not later than 45 days after enactment of the Act, and every 90 days thereafter until September 30, 2019, the Secretary of State and USAID Administrator shall submit a consolidated report to the Committees on Appropriations containing updated information on obligations and expenditures of such funds on a country and program basis. Funds made available for the Relief and Recovery Fund shall be made available for stabilization assistance for vulnerable ethnic and religious minority communities affected by conflict. The Secretary of State and USAID Administrator should consider the stabilization needs of such communities in Iraq and Syria, such as in the Nineveh Plains, Tel Afar, and Sinjar areas of Iraq, when making decisions on the allocation of funds. Funds should also support programs that are locally-led and intended to promote sustainable development. The Secretary of State shall consult with the Committees on Appropriations prior to exercising the transfer authority contained in subsection (j)(1). Funds made available pursuant to subsection (j)(2) are made available to support the efforts of entities, including nongovernmental organizations, to assist in addressing genocide, crimes against humanity, and war crimes in Iraq and Syria, including through programs to assist in the conduct of criminal investigations, to develop local investigative and judicial skills, and to collect and preserve evidence and the chain of custody of evidence. Funds made available pursuant to this subsection are in addition to funds under section 7033(b)(4). The uses of funds for the Relief and Recovery Fund shall be made available in consultation with the Chief of Mission in a recipient country, if a diplomatic presence exists in such country. Syria.--The agreement includes funds for non-lethal assistance programs to address the needs of civilians affected by conflict in Syria in a manner consistent with the prior fiscal year. Such funds are made available for programs in areas not controlled by the Government of Syria. Tunisia.--The Act provides not less than $165,400,000 for assistance for Tunisia. Such funds are allocated according to the following table and subject to section 7019 of the Act: TUNISIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Economic Support Fund..................................... 79,000 International Narcotics Control and Law Enforcement........ 13,000 Nonproliferation, Anti-terrorism, Demining and Related 6,100 Programs.................................................. International Military Education and Training.............. 2,300 Foreign Military Financing Program......................... 65,000 ------------ Total.............................................. 165,400 ------------------------------------------------------------------------ The Secretary of State and USAID Administrator, as appropriate, shall encourage the National Economic Strategic Dialogue to include discussion of governance reforms. Of the funds appropriated by the Act for assistance for Tunisia, not less than $30,800,000 shall be made available for democracy and governance programs, including to support implementation of Tunisia's Law on Eliminating Violence Against Women. Other Assistance for the Middle East and North Africa.-- Funds for certain programs for the Middle East and North Africa are allocated according to the following table and subject to section 7019 of the Act: OTHER ASSISTANCE FOR THE MIDDLE EAST AND NORTH AFRICA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Economic Support Fund: Iraq................................................... 100,000 Marla Ruzicka Iraqi War Victims Fund............... [7,500] Lebanon................................................ 115,000 Scholarships....................................... [12,000] Middle East Partnership Initiative scholarship program. 20,000 Middle East Regional Cooperation....................... 5,000 Near East Regional Democracy........................... 42,000 Relief and Recovery: Refugee Scholarships Pilot Program in Lebanon...... [2,000] International Narcotics Control and Law Enforcement: West Bank security assistance.......................... 60,000 Foreign Military Financing Program: Iraq................................................... 250,000 ------------------------------------------------------------------------ Refugee Scholarships.--The agreement provides $2,000,000 to continue a university scholarship program for refugees in Lebanon. Consistent with the Lebanon scholarship program, scholarships shall be for students with high financial need at not-for-profit educational institutions in Lebanon that meet standards comparable to those required for United States accreditation, to be awarded on a competitive basis. The USAID Administrator shall ensure that refugees in Lebanon of any nationality, including those attending public or private secondary schools, are eligible to apply for such scholarships. Section 7042. Africa (Modified) Partnership for Regional East Africa Counterterrorism.-- Funds for the Partnership for Regional East Africa Counterterrorism are allocated according to the following table and subject to section 7019 of the Act: [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Economic Support Fund...................................... 2,000 International Narcotics Control and Law Enforcement........ 1,000 Nonproliferation, Anti-terrorism, Demining and Related 11,150 Programs.................................................. Peacekeeping Operations.................................... 10,000 ------------ Total.................................................. 24,150 ------------------------------------------------------------------------ Trans-Sahara Counterterrorism Partnership.--Funds for the Trans-Sahara Counterterrorism Partnership are allocated according to the following table and subject to section 7019 of the Act: [[Page H2850]] TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Development Assistance..................................... 15,275 Economic Support Fund...................................... 10,000 International Narcotics Control and Law Enforcement........ 6,000 Nonproliferation, Anti-terrorism, Demining and Related 18,446 Programs.................................................. Peacekeeping Operations.................................... 34,100 ------------ Total.................................................. 83,821 ------------------------------------------------------------------------ Ethiopia.--The report submitted pursuant to subsection (d)(3) shall include: (1) a detailed description of the role and conduct of the Ethiopian National Defense Force (ENDF) in internal security, including under the state of emergency declared in February 2018; (2) the impact of such role and conduct on United States assistance programs, including any intended changes to the content of such programs; (3) any plans for the United States to partner with other countries to advance security sector objectives in Ethiopia; and (4) a description of the role of the ENDF in Somalia. South Sudan.--Due to mass displacement and the absence of a constitutional framework necessary to support credible elections, no funds are provided for electoral assistance for South Sudan. The strategy update required under subsection (h)(1) shall include a description of steps taken, or intended to be taken, by the United States, in cooperation with the international community, to restrict the influx of weapons and ammunition into South Sudan, including with regard to countries named by the Panel of Experts as having facilitated arms transfers to South Sudan. Assistance made available under title IV of the Act for the central Government of South Sudan pursuant to subsection (h)(3) should only be made available for monitoring the peace process and the verification of a ceasefire and to continue, but not expand, assistance previously provided by the United States, unless the Secretary of State determines and reports to the Committees on Appropriations that such government is in compliance with a comprehensive ceasefire agreement, including providing unimpeded access for ceasefire monitors, and that such assistance will be made available to support entities that are inclusive of all relevant stakeholders. Zimbabwe.--The agreement continues the prior year limitation on assistance, including international financing, for the central Government of Zimbabwe. The Secretary of State is directed to work with other donor governments to advocate for similar limitations on assistance for Zimbabwe until fundamental rights are being respected, including freedom of expression, association, and assembly, due process, and the holding of free and fair elections. The Secretary of the Treasury and the Secretary of State shall consult with the Committees on Appropriations not later than 15 days prior to exercising an exception pursuant to subsection (j)(1). The agreement includes not less than the fiscal year 2017 level for programs to promote democracy and protect human rights in Zimbabwe, which should include efforts to build the capacity of political parties. Other Assistance for Africa.--Funds for certain programs for Africa are allocated according to the following table and subject to section 7019 of the Act: OTHER ASSISTANCE FOR AFRICA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Development Assistance: Liberia................................................ 65,439 Malawi higher education................................ 10,000 Economic Support Fund: Counter Lord's Resistance Army (section 7042(f))....... 10,000 Democratic Republic of the Congo....................... 75,188 Djibouti............................................... 9,000 West Africa anti-slavery programs...................... 2,000 International Narcotics Control and Law Enforcement: Liberia................................................ 11,000 Africa Democracy Programs (section 7032(a))................ 314,271 Cameroon............................................... 1,000 Chad................................................... 1,000 ------------------------------------------------------------------------ Funds for West Africa anti-slavery programs are derived from within bilateral country and regional programs. Section 7043. East Asia and the Pacific (Modified) Burma.--Funds for Burma are allocated according to the following table and subject to section 7019 of the Act: BURMA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Economic Support Fund...................................... 82,700 Documentation of human rights violations against [2,500] Rohingya.............................................. Documentation of human rights violations in Burma.. [500] International Narcotics Control and Law Enforcement........ 3,500 ------------------------------------------------------------------------ In considering programs pursuant to subsection (a)(1)(B)(xii) to support the return of Rohingya, Karen, and other ethnic minorities that have been displaced, the Secretary of State shall ensure that: (1) such returns are verifiably of a voluntary nature; (2) such returnees are guaranteed equal rights with others in Burma, including the restoration or granting of full citizenship, freedom of movement and access to basic services in such locations, and are not placed in internment camps; (3) such locations are free from ethnic violence, and the root causes of unrest are addressed, consistent with the Rakhine Advisory Commission recommendations (for the return of Rohingya) to ensure the sustainability of returns and prevent further displacement; (4) such programs are implemented in a credible and transparent manner; and (5) international and local media organizations, including the United Nations High Commissioner for Refugees and the Office of the United Nations High Commissioner for Human Rights, have unimpeded access to monitor all areas of return. For purposes of this section, displaced Rohingya should be considered refugees regardless of their legal status in their current location. Cambodia.--The report on the electoral environment in Cambodia in the Senate report is no longer required. North Korea.--The agreement includes the following amounts for human rights programs pursuant to subsection (c)(4)(A), to be administered by DRL: $4,000,000 under Economic Support Fund and $4,000,000 under Democracy Fund. People's Republic of China.--The Secretary of State and USAID Administrator are directed to provide no assistance to the central Government of the PRC under Global Health Programs, Development Assistance, and Economic Support Fund, except for assistance to detect, prevent, and treat infectious diseases. The Secretary of State, in consultation with the Secretary of Defense, shall brief the appropriate congressional committees as requested on freedom of navigation and operations in the South China Sea. Philippines.--The agreement includes funds under title III for USAID to support the implementation by the Philippine Department of Health and local entities of a national and community based drug treatment and demand reduction program, including for the purposes enumerated in the Senate report. Such funds shall be made available on a cost-matching basis, to the maximum extent practicable, and following consultation with the appropriate congressional committees. The Secretary of State shall comply with the reporting requirement in Senate Report 114-79 under Foreign Military Financing Program with respect to certain actions by the Government of the Philippines. Thailand.--Funds for Thailand under Economic Support Fund are allocated according to the following table and subject to section 7019 of the Act: THAILAND [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Economic Support Fund: Democracy and conflict resolution programs............. 4,000 ------------------------------------------------------------------------ The Secretary of State shall consult with the Committees on Appropriations prior to the obligation of assistance for Thailand. Tibet.--For purposes of the 653(a) report, spend plans, and notifications, the Department of State and USAID shall differentiate assistance made available by the Act for Tibet from any such assistance made available for the People's Republic of China. USAID Regional Development Mission for Asia.--Program funds for RDMA are allocated according to the following table and subject to section 7019 of the Act: USAID REGIONAL DEVELOPMENT MISSION FOR ASIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Development Assistance..................................... 35,440 Economic Support Fund...................................... 5,000 ------------------------------------------------------------------------ Vietnam.--Funds for certain programs for Vietnam are allocated according to the following table and subject to section 7019 of the Act: VIETNAM [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Development Assistance..................................... 55,250 International Narcotics Control and Law Enforcement........ 6,000 Nonproliferation, Anti-terrorism, Demining and Related 12,500 Programs Humanitarian demining............................ Foreign Military Financing Program......................... 12,000 ------------------------------------------------------------------------ Other Assistance for East Asia and the Pacific Region.-- Funds for certain programs in East Asia and the Pacific are allocated according to the following table and subject to section 7019 of the Act: OTHER ASSISTANCE FOR EAST ASIA AND THE PACIFIC REGION [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Global Health Programs: Laos nutrition programs................................ 3,500 Development Assistance: Laos................................................... 20,000 Timor-Leste............................................ 16,000 Philippines............................................ 70,000 Economic Support Fund: People's Republic of China (democracy, rule of law, and 15,000 environment).......................................... International Narcotics Control and Law Enforcement: Indonesia.............................................. 10,625 [[Page H2851]] Laos................................................... 1,000 Southeast Asia Maritime Security Initiative............ 7,750 Nonproliferation, Antiterrorism, Demining and Related Programs: Laos humanitarian demining............................. 30,000 Foreign Military Financing Program: Indonesia.............................................. 14,000 Mongolia............................................... 2,600 ------------------------------------------------------------------------ Section 7044. South and Central Asia (Modified) Afghanistan.--The Secretary of State shall submit the report required by section 7044(a)(1)(B) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115-31), in the manner described. In making the certification in subsection (a)(1)(B), the Secretary shall consider, for each requirement, whether progress has been made during the previous calendar year. In lieu of the House and Senate reports regarding assistance provided to the Afghanistan Reconstruction Trust Fund, the Secretary of State, in consultation with the USAID Administrator, shall submit a report to the Committees on Appropriations not later than 90 days after enactment of the Act on progress made with respect to the monitoring of such assistance, including the extent to which information obtained through such monitoring is shared with the United States Government. The Secretary of State, in consultation with the USAID Administrator, shall ensure sufficient funding for the safety and security of soft targets in Afghanistan, including the American University of Afghanistan. Of the funds provided under International Narcotics Control and Law Enforcement for assistance for Afghanistan, not less than $10,000,000 is for programs to significantly increase the recruitment, training, and retention of women in law enforcement positions and in the judiciary, and to train Afghan security personnel to prevent and address gender-based violence, human trafficking, and other practices that disproportionately harm women and girls. The Secretary of State is directed to consult with the Committees on Appropriations prior to the obligation of such funds. The Special Inspector General for Afghanistan Reconstruction, in consultation with the offices of the Inspectors General of the Department of State and USAID, shall update the assessment required by the explanatory statement accompanying division J of Public Law 115-31 of the Government of Afghanistan's implementation of the ``Afghanistan National Strategy for Combating Corruption,'' including whether such government is making progress toward achieving its anti-corruption objectives. Maldives.--The agreement provides $1,500,000 for civil society programs to counter violent extremism in the Maldives, to be administered by USAID. Pakistan.--In submitting the information required in subsection (c)(1)(B), the Secretary of State shall include a description of the steps taken by the Government of Pakistan to: (1) conduct military operations that significantly disrupt the safe havens, fundraising and recruiting efforts, and freedom of movement of domestic and foreign terrorist organizations, including the Haqqani Network, in Pakistan; (2) demonstrate its commitment to prevent domestic and foreign terrorist organizations, including the Haqqani Network, from using any Pakistan territory as a safe haven and for fundraising and recruiting efforts; (3) coordinate with the Government of Afghanistan to restrict the movement of militants, such as the Haqqani Network, along the Afghanistan-Pakistan border; (4) arrest and prosecute senior leaders and mid-level operatives of domestic and foreign terrorist organizations; and (5) prevent the proliferation of nuclear-related materials and expertise. Not later than 90 days after enactment of the Act, the Secretary of State shall submit to the Committees on Appropriations: (1) a report identifying the amount of funds appropriated under Foreign Military Financing Program for assistance for Pakistan under the Act and prior Acts, by fiscal year, that are withheld from expenditure; a description of existing contracts; the amount of funds required to fulfill commitments on existing contracts; and the amount of uncommitted funds; and (2) a report identifying the total amount of funds withheld from obligation, by fiscal year and account, pursuant to subsection (c)(4) and similar provisions of law. Sri Lanka.--Subsection (d)(3)(B) conditions assistance related to international peacekeeping that is made available under Peacekeeping Operations for Sri Lanka on whether the Government of Sri Lanka is taking effective steps to bring to justice Sri Lankan peacekeeping troops who have engaged in sexual exploitation and abuse, including in Haiti in 2007, and including preventing such troops from deploying on future missions. Regional Programs.--Of the funds made available pursuant to subsection (e)(2), funds shall be made available for such programs in Afghanistan and Pakistan. Other Assistance for South and Central Asia.--Funds for certain programs for South and Central Asia are allocated according to the following table and subject to section 7019 of the Act: OTHER ASSISTANCE FOR SOUTH AND CENTRAL ASIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Development Assistance: Bangladesh labor programs.............................. 3,000 Economic Support Fund: Civilian victims of war, Afghanistan................... 10,000 Civilian victims of war, Pakistan...................... 10,000 Maldives............................................... 1,500 Nepal.................................................. 75,000 Foreign Military Financing Program: Sri Lanka.............................................. 500 ------------------------------------------------------------------------ Section 7045. Latin America and the Caribbean (Modified) Central America.--Subsection (a) provides that up to $615,000,000 may be made available for assistance for countries in Central America to implement the United States Strategy for Engagement in Central America (the Strategy). Such funds are allocated according to the following table and subject to section 7019 of the Act: UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Global Health Programs: Guatemala.............................................. 13,000 ------------ Subtotal........................................... 13,000 Development Assistance: El Salvador............................................ 55,035 Guatemala.............................................. 93,000 Honduras............................................... 75,000 Nicaragua.............................................. 10,000 Award for Extraordinary Progress....................... 7,000 Transfer to Inter-American Foundation.................. 10,000 ------------ Subtotal........................................... 250,035 Economic Support Fund: Central America Regional Security Initiative........... 104,225 Award for Extraordinary Progress....................... [4,000] ------------ Subtotal........................................... 104,225 International Narcotics Control and Law Enforcement: Central America Regional Security Initiative........... 215,000 Costa Rica............................................. [25,000] DNA forensic technology................................ [6,000] International Commission against Impunity in Guatemala. [6,000] Award for Extraordinary Progress....................... [4,000] ------------ Subtotal........................................... 215,000 Nonproliferation, Anti-terrorism, Demining and Related Programs: Panama................................................. 500 ------------ Subtotal........................................... 500 International Military Education and Training: Belize................................................. 250 Costa Rica............................................. 725 El Salvador............................................ 800 Guatemala.............................................. 800 Honduras............................................... 800 ------------ Panama................................................. 725 Subtotal........................................... 4,100 Foreign Military Financing Program: Belize................................................. 1,000 Costa Rica............................................. 5,000 El Salvador............................................ 1,900 Guatemala.............................................. 1,740 Honduras............................................... 4,000 Panama................................................. 2,000 State Western Hemisphere Regional...................... 12,500 ------------ Subtotal........................................... 28,140 ------------ Total.......................................... 615,000 ------------------------------------------------------------------------ In accordance with subsection (a)(2), the updated multi- year spend plan shall include an explanation of how funds will be prioritized to address the key factors in countries in Central America that contribute to the migration of undocumented Central Americans to the United States. The plan shall also describe how funds address the factors that contribute to criminal activity in the United States by individuals with ties to Central American-based criminal organizations, and the flows of illicit narcotics and money into the United States. The plan shall also include a description of: (1) the 3-year, 5-year, and 10-year goals and benchmarks against which the success of the Strategy should be measured; (2) the proposed uses of assistance from the Act for each country and the amounts allocated from prior Acts since fiscal year 2015; (3) how such assistance differs from, complements, and leverages funds allocated by the governments of such countries, other donors (including international financial institutions), and other Federal agencies, and the amounts of funding from such sources; (4) funds planned to be transferred or otherwise provided to other Federal agencies, international financial institutions, organizations, and offices, and the purpose; and (5) the funding levels by account planned for each of the central governments of El Salvador, Guatemala, and Honduras, including amounts subject to the certifications in subsection (a)(3). In making the certification pursuant to subsection (a)(3)(B), the Secretary of State shall review whether such government is taking effective steps to enact and implement plea bargaining laws. Not later than 60 days after enactment of the Act, the Secretary of State shall submit to the Committees on Appropriations a report detailing any outstanding commercial and trade disputes between the United States and El Salvador, Guatemala, and Honduras. To further incentivize progress in the region, subsection (a)(4)(B) authorizes the Secretary of State to increase funding for El Salvador, Guatemala, or Honduras if the Secretary determines and reports to the appropriate congressional committees that the [[Page H2852]] central government of such country has made extraordinary progress in meeting the requirements of paragraphs (3)(A) and (3)(B). $15,000,000 is designated for an Award for Extraordinary Progress, to be provided in total for one country. Not later than 60 days after enactment of the Act, the Secretary of State, in coordination with the USAID Administrator, is directed to issue a progress report based on the plan for monitoring and evaluation developed in accordance with the explanatory statements accompanying division K of Public Law 114-113 and division J of Public Law 115-31. The report shall include a description of the results, by country, for each of the program and context indicators, and be submitted to the appropriate congressional committees. The Department of State and USAID Web sites shall be updated accordingly in a timely manner. The Secretary of State and USAID Administrator shall consult with the Committees on Appropriations prior to transferring funds under Development Assistance to the Inter- American Development Bank or the Inter-American Foundation in support of the Strategy. The agreement supports efforts to strengthen the rule of law by combating corruption and impunity in Central America. Within the total funding provided for the Strategy, a total of $31,000,000 is for the Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH) and the offices of the Attorneys General/Public Ministries of El Salvador, Guatemala, and Honduras. The spend plan required by subsection (a)(2) shall identify the amounts proposed for such organizations and the proposed uses of funds. Not later than 90 days after enactment of the Act, the Secretary of State is directed to submit a report to the appropriate congressional committees on whether: (1) the Organization of American States Secretariat has made reforms to ensure that MACCIH has a qualified director with authority over budgetary, personnel, and programmatic decisions; (2) MACCIH is able to carry out its mission independently and with the support of the Government of Honduras; and (3) funds provided for MACCIH are properly managed and subject to independent audits. Colombia.--Subsection (b) provides not less than $391,253,000 for assistance for Colombia. Such funds are allocated according to the following table and subject to section 7019 of the Act: COLOMBIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Economic Support Fund...................................... 187,328 Transfer to Migration and Refugee Assistance........... [7,000] Afro-Colombian and indigenous communities.............. [20,000] Human rights....................................... [9,000] Biodiversity....................................... [5,000] International Narcotics Control and Law Enforcement........ 143,000 Office of the Attorney General, Human Rights Unit...... [10,000] Office of the Attorney General, Environmental Crimes [1,000] Unit.................................................. Nonproliferation, Anti-terrorism, Demining and Related 21,000 Programs.................................................. International Military Education and Training.............. 1,400 Foreign Military Financing Program......................... 38,525 ------------ Total.......................................... 391,253 ------------------------------------------------------------------------ In accordance with subsection (b)(3), the spend plan shall describe in detail the proposed uses of funds by account and activity, including those activities specified in subparagraphs (A) through (E) of paragraph (1), and the amounts made available from prior Acts for such activities. The spend plan shall also include the following information for any funds made available to support the implementation of the peace agreement: (1) an estimate of planned funding by fiscal year and account; (2) an estimate of the commitments and expenditures by the Government of Colombia to implement the agreement; (3) an explanation of how assistance made available by the Act and prior Acts to support implementation of the agreement will be coordinated with resources provided by the Government of Colombia and other donors, including international financial institutions; and (4) information regarding funding from other Federal agencies. The report to accompany the certification submitted pursuant to subsection (b)(5) shall include metrics and related information to support such certification. The report to accompany the certification submitted pursuant to subsection (b)(6) shall include the effective steps taken by the Government of Colombia to investigate and prosecute individuals responsible for attacks against human rights defenders, journalists, trade unionists, and other civil society activists. The Secretary of State should not submit the report directed in the House report under this section regarding justice and rule of law activities. Not later than 60 days after enactment of the Act, the Secretary of State shall submit to the Committees on Appropriations an update to the report on outstanding commercial and trade disputes between the United States and Colombia required by the explanatory statement accompanying division J of Public Law 115-31. The updated report shall include the information described in the House report under this section. Caribbean Basin Security Initiative.--Funds for the Caribbean Basin Security Initiative are allocated according to the following table and subject to section 7019 of the Act: CARIBBEAN BASIN SECURITY INITIATIVE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Economic Support Fund...................................... 25,000 International Narcotics Control and Law Enforcement........ 25,200 Foreign Military Financing Program......................... 7,500 ------------ Total.................................................. 57,700 ------------------------------------------------------------------------ Mexico.--Funds for assistance for Mexico are allocated according to the following table and subject to section 7019 of the Act: MEXICO [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Economic Support Fund...................................... 45,000 International Narcotics Control and Law Enforcement........ 100,000 Nonproliferation, Anti-terrorism, Demining and Related 1,160 Programs.................................................. International Military Education and Training.............. 1,500 Foreign Military Financing Program......................... 5,000 ------------ Total.................................................. 152,660 ------------------------------------------------------------------------ The Act provides resources above the prior fiscal year to combat the production and trafficking of heroin, fentanyl, and other opioids into the United States. The report on opioids under International Narcotics Control and Law Enforcement required in this explanatory statement shall include information on such matters. The Secretary of State shall follow the directive in the Senate report under Foreign Military Financing Program regarding assistance for Mexico. The Secretary of State should not submit the report directed in the House report under International Narcotics Control and Law Enforcement regarding Mexico. The agreement supports efforts to investigate and prosecute cases of violence against journalists in Mexico. Within the amount provided for assistance for Mexico, $1,000,000 is for the Special Prosecutor's Office for Crimes against Freedom of Expression, subject to prior consultation with the Committees on Appropriations. Other Assistance for Latin America and the Caribbean.-- Funds for certain programs in Latin America and the Caribbean are allocated according to the following table and subject to section 7019 of the Act: OTHER ASSISTANCE FOR LATIN AMERICA AND THE CARIBBEAN [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Economic Support Fund: Caribbean Energy Security Initiative................... 2,000 Cuba................................................... 20,000 Haiti reforestation.................................... 8,500 International Narcotics Control and Law Enforcement: Argentina.............................................. 2,500 Haiti prison assistance................................ 1,500 Peru................................................... 32,000 Western Hemisphere regional security cooperation....... 12,500 Foreign Military Financing Program: Peru................................................... 1,800 ------------------------------------------------------------------------ In lieu of the directives in the House and Senate bills and reports, the agreement includes funds for democracy programs in Cuba. Funds provided under International Narcotics Control and Law Enforcement for assistance for Argentina should support mutually agreed upon goals in the areas of counterterrorism, counternarcotics, and law enforcement, and help increase Argentina's technological capabilities in such areas. The Act provides $1,500,000 for Haiti prison assistance in the manner described under this heading in the Senate report. Funds provided for Western Hemisphere regional security cooperation are in addition to amounts otherwise provided for bilateral and regional programs under International Narcotics Control and Law Enforcement. Section 7046. Europe and Eurasia (Modified) Georgia.--The Act provides not less than $105,325,000 for assistance for Georgia. Such funds are allocated according to the following table and subject to section 7019 of the Act: GEORGIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Assistance for Europe, Eurasia and Central Asia............ 63,025 International Narcotics Control and Law Enforcement........ 4,000 Nonproliferation, Anti-terrorism, Demining and Related 1,100 Programs.................................................. International Military Education and Training.............. 2,200 Foreign Military Financing Program......................... 35,000 ------------ Total.................................................. 105,325 ------------------------------------------------------------------------ Ukraine.--The Act provides not less than $420,700,000 for assistance for Ukraine. Such funds are allocated according to the following table and subject to section 7019 of the Act: UKRAINE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Global Health Programs..................................... 32,800 Assistance for Europe, Eurasia and Central Asia............ 250,000 International Narcotics Control and Law Enforcement........ 30,000 Nonproliferation, Anti-terrorism, Demining and Related 10,000 Programs.................................................. International Military Education and Training.............. 2,900 Foreign Military Financing Program......................... 95,000 ------------ Total.................................................. 420,700 ------------------------------------------------------------------------ Other Assistance for Europe and Eurasia.--Funds for certain programs in Europe and [[Page H2853]] Eurasia are allocated according to the following table and subject to section 7019 of the Act: OTHER ASSISTANCE FOR EUROPE AND EURASIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Country Authority ------------------------------------------------------------------------ International Military Education and Training: Greece................................................. 1,000 Foreign Military Financing Program: Estonia................................................ 8,000 Latvia................................................. 8,000 Lithuania.............................................. 8,000 Moldova................................................ 12,750 ------------------------------------------------------------------------ The agreement includes funding at levels consistent with prior years to further the economic, social development, and reconciliation goals of Public Law 99-415. Section 7048. United Nations (Modified) In making the determination required by subsection (a)(1)(C), the Secretary of State shall review whether each organization, department, or agency is effectively implementing and enforcing policies and procedures on the appropriate use of travel funds, including restrictions on first class and business class travel. The report to accompany such determination shall assess all of the recommendations (including the status of such recommendations) contained in the April 2017 United Nations Joint Inspection Unit's ``Review of Air Travel Policies in the United Nations System,'' including the steps taken or planned to be taken to implement the report's second recommendation to ``abolish first class travel for all categories of staff and non-staff by January 2019.'' The report may include additional recommendations from the Secretary for reducing travel costs and improving the oversight of travel at such entities. Not later than 30 days after enactment of the Act, the Secretary of State shall consult with the Committees on Appropriations on the status of any outstanding determinations required by subsection (a), including with respect to the World Intellectual Property Organization, and inform the Committee of any steps that need to be taken by such organizations to comply with the requirements of such subsection. Section 7058. Global Health Activities (Modified) Global Health Security Strategy.--Not later than 180 days after enactment of the Act, the Senior Director for Global Health Security and Biothreats at the National Security Council, in coordination with the Secretary of State, the USAID Administrator, the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Office of Management and Budget, shall submit to the appropriate congressional committees a comprehensive inter-agency strategy to accelerate the capabilities of targeted countries to prevent, detect, and respond to infectious disease outbreaks. The strategy shall: (1) detail the role and responsibility of each relevant Federal agency in implementing the strategy; (2) include multi-year cost estimates for operations and programs necessary to implement such strategy, disaggregated by agency; (3) describe the mechanisms for coordination and oversight of such programs; (4) review lessons-learned from previous efforts to promote global health security; and (5) identify any obstacles to the implementation of such strategy in policy or legislation, and include specific recommendations for addressing such obstacles. Subsection (d)(1)(C) repurposes funds to assist communities in Haiti affected by cholera resulting from the United Nations Stabilization Mission in Haiti. The Act also requires the Secretary of State to ensure that mechanisms are in place for monitoring, oversight, and control of such funds in order to prevent waste, fraud and abuse. The Secretary of State shall work to increase such assistance from other donor countries. Information on these matters shall be included in any notification submitted pursuant to subsection (d)(1)(C). Subsection (d)(1)(B) repurposes funds for USAID to carry out programs to accelerate the capacities of targeted countries to prevent, detect, and respond to infectious disease outbreaks. Section 7059. Gender Equality (Modified) Section 7060. Sector Allocations (Modified) Environment Programs.--Subsection (c) includes authority for environment programs, subject to the regular notification procedures of the Committees on Appropriations. Additionally, subsection (c) states that none of the funds in the Act are appropriated or otherwise made available for a contribution, grant, or other payment to the Green Climate Fund. Funds for certain bilateral environment programs are allocated according to the following table and subject to section 7019 of the Act: ENVIRONMENT PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Andean Amazon.............................................. 20,000 Brazilian Amazon........................................... 10,500 Central Africa Regional Program for the Environment........ 39,400 USAID.................................................. [21,900] United States Fish and Wildlife Service................ [17,500] Guatemala/Belize........................................... 5,000 USAID.................................................. [3,500] Department of the Interior............................. [1,500] Lacey Act.................................................. 2,500 United States Fish and Wildlife Service.................... 9,150 Great apes............................................. [3,500] Migratory bird conservation............................ [500] Endangered sea turtles................................. [150] United States Forest Service............................... 5,000 USAID/Indonesia Orangutan program...................... 2,500 Toxic chemicals........................................ 5,000 Waste recycling........................................ 5,000 ------------------------------------------------------------------------ The spend plan requirement for funds made available pursuant to subsection (c) shall include levels consistent with prior fiscal years. Such spend plan shall include proposed amounts for programs and activities in the Senate report. Not later than 45 days after enactment of the Act and prior to the obligation of funds made available pursuant to subsection (c), the Secretary of State, USAID Administrator, Director of the United States Fish and Wildlife Service (USFWS), Director of the United States Forest Service (USFS), and Secretary of Interior are directed to consult with the Committees on Appropriations on the uses of such funds. Funds included for USFWS, USFS, and Department of the Interior (DOI) shall be provided through direct transfers pursuant to section 632(a) of the FAA not later than 90 days after enactment of the Act. Prior to such transfer, the USFWS, USFS, and DOI shall submit spend plans to the Committees on Appropriations and to USAID detailing the planned uses of funds and expected programmatic results. The Act provides not less than fiscal year 2016 levels for USAID Great Apes programs. The agreement includes funds to support programs in the Mekong region, and in other vulnerable areas, that assist countries in adapting to flooding, drought, infrastructure development, and other natural and man-made causes that threaten the livelihoods of local people. Combating Wildlife Trafficking.--The Act includes not less than $90,664,000 to combat wildlife poaching and trafficking, of which not less than $10,000,000 shall be made available for programs to combat rhinoceros poaching primarily for site-based, anti-poaching activities to address immediate requirements. Funds are provided to support regional wildlife enforcement networks, including not less than the fiscal year 2017 level to support regional cooperation in Southern Africa. Trafficking in Persons.--The Act provides not less than $78,822,000 for programs and activities to combat trafficking in persons internationally, including $13,822,000 provided under Diplomatic and Consular Programs for the State Office to Monitor and Combat Trafficking in Persons, and not less than $65,000,000 from funds made available under titles III and IV which are allocated according to the following table and subject to section 7019 of the Act: TRAFFICKING IN PERSONS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Assistance for Europe, Eurasia and Central Asia............ 5,000 Development Assistance..................................... 12,000 Economic Support Fund...................................... 8,000 International Narcotics Control and Law Enforcement........ 40,000 Office to Monitor and Combat Trafficking in Persons.... [32,000] ------------ Total.............................................. 65,000 ------------------------------------------------------------------------ Programs to end modern slavery designated in the table under International Narcotics Control and Law Enforcement in title IV are in addition to funds allocated to combat trafficking in persons pursuant to this section. Up to $5,000,000 should be made available for child protection compacts, pursuant to the Trafficking Victims Protection Act of 2000, as amended by Public Law 113-4, and following consultation with the appropriate congressional committees. The Department of State and USAID shall implement the directive in section 7060(f)(3) of division J of Public Law 115-31 requiring program coordination. Section 7069. Joint Strategic Plan, Budget, and Transitions (New) Prior to selecting a country for strategic transition, the USAID Administrator shall report to the appropriate congressional committees on the justification for such transition. Section 7070. Countering Russian Influence and Aggression (Modified) Countering Russian Influence Fund.--The Act provides not less than $250,000,000 for the CRIF, which is in addition to amounts made available for bilateral assistance for countries in Europe, Eurasia and Central Asia. Such funds are allocated according to the following table and subject to section 7019 of the Act: COUNTERING RUSSIAN INFLUENCE FUND [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account Authority ------------------------------------------------------------------------ Assistance for Europe, Eurasia and Central Asia............ 75,000 International Narcotics Control and Law Enforcement........ 50,000 International Military Education and Training.............. 5,000 Foreign Military Financing Program......................... 120,000 ------------ Total.............................................. 250,000 ------------------------------------------------------------------------ The Secretary of State shall consult with the Committees on Appropriations on the proposed uses of such funds prior to obligation. Not later than 90 days after the initial obligation of funds and every 90 days thereafter until September 30, 2019, the Secretary of State and USAID Administrator shall submit a consolidated report to the Committees [[Page H2854]] on Appropriations containing updated information on obligations and expenditures of such funds on a country and project basis. In lieu of the directive in the Senate report under this heading concerning Russia reporting requirements, the Secretary of State is directed to update the reports required by subsections (b)(2) and (e) of section 7071 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113-76) not later than 45 days after enactment of the Act. Section 7073. Stability and Development in Regions Impacted by Extremism and Conflict (Modified) Section 7076. Budget Documents (Modified) Spend Plans.--Subsection (b)(3) includes new language that makes 10 percent of the funds contained in a spend plan available for obligation prior to the submission of such spend plan in certain circumstances. The Secretary of State or USAID Administrator, as applicable, shall submit each spend plan required by this subsection with all planned accounts, programs, and activities. Partial spend plans will not be considered complete for the purposes of this requirement. Funds notified prior to the submission pursuant to this section shall be noted in such spend plan. Section 7077. Reports and Records Management (Modified) Section 7078. Global Internet Freedom (Modified) The Act provides not less than $55,500,000 for programs to promote Internet freedom globally. Funds for such activities appropriated in title III of the Act are allocated according to the following table and subject to section 7019 of the Act: GLOBAL INTERNET FREEDOM [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Democracy Fund (Department of State)....................... 14,000 Democracy Fund (USAID)..................................... 3,500 Economic Support Fund...................................... 17,025 Near East Regional Democracy........................... [11,750] Assistance for Europe, Eurasia and Central Asia............ 5,975 ------------------------------------------------------------------------ In addition to the funds made available in title III, the Act also includes $15,000,000 for Internet freedom under Broadcasting Board of Governors, including $13,800,000 for International Broadcasting Operations for programs and $1,200,000 for the associated personnel costs of Radio Free Asia. Section 7080. United States Citizens and Nationals Unlawfully or Wrongfully Detained Abroad (New) Section 7081. Reorganization and Redesign (New) Not later than 45 days after enactment of the Act, the Secretary of State and USAID Administrator shall each submit to the appropriate congressional committees a report summarizing all efforts taken during calendar year 2017 to reorganize, redesign, or otherwise change the form or function of their respective agencies, including actions taken pursuant to Executive Order 13781 on a Comprehensive Plan for Reorganizing the Executive Branch. The report shall include a clear description of the desired outcome the respective agency seeks to achieve through any reforms. The report shall also include a description of the current policy for supporting the operations of the National Security Council (NSC) through the detail of agency staff, including staff projected to be detailed to the NSC during fiscal years 2018 and 2019, if applicable. The offices of the Inspectors General of the Department of State and USAID shall review the processes by which the Department of State and USAID, respectively, developed and implemented reorganization and redesign efforts and plans, including the extent to which employees of such agencies provided input into such efforts and plans. Funds made available by the Act are provided in the amounts necessary for, and purposes of, hiring to attrition and maintaining the on-board Foreign Service and Civil Service staff levels at the Department of State and USAID as of December 31, 2017. The agreement assumes that the USAID Administrator will be responsible for establishing all personnel levels and positions for USAID, pursuant to the existing agreement between the Department of State and USAID. The agreement assumes sufficient funding for introductory classes for the Department of State Foreign Service (A-100 classes) at the pre-fiscal year 2017 rate, and the Secretary of State shall continue such classes in such manner. The Secretary is directed to report to the appropriate congressional committees not later than 45 days after enactment of the Act on the schedule for the A-100 classes. The agreement includes sufficient funds for new leadership training programs which shall be subject to prior consultation with the appropriate congressional committees. Additional funds should be made available to expand and enhance training for Department of State and USAID personnel. Pursuant to subsection (a)(3), the notification shall include a detailed justification and analysis that includes the following information: (1) a detailed description of, and justification for, the proposed action, including any policies or procedures currently or expected to be used to implement Executive Order 13781; (2) the current organizational chart, showing the operating units of the respective department, agency or organization and a brief description of each operating unit; the number of employees for each operating unit; the proposed new organizational chart with descriptions of each new operating unit; and the number of employees once the proposed reorganization is complete; (3) an assessment of how the proposed action will improve the efficiency, effectiveness, performance, and accountability (including through modernizing information technology platforms and streamlining administrative functions) of the department, agency, or organization; (4) an analysis of the impact of any such change on the ability to advance the national interest of the United States through diplomacy and development, and to conduct adequate monitoring and oversight of foreign assistance programs, and any legislative change necessary to implement such proposals; (5) the estimated cost and timeline to complete the proposed action; and (6) an assessment of any cost savings and efficiencies achieved through implementation of each element of the proposed action. Many of the proposals included in the August 28, 2017 letter from the Secretary of State to the appropriate congressional committees on the proposed elimination, consolidation, and retention of positions at the Department of State have been cleared by the Committees on Appropriations. Pursuant to subsection (a)(4), operating plans shall include amounts for the following: Department of State: Bureau of Consular Affairs Bureau of Democracy, Human Rights, and Labor Bureau of Educational and Cultural Affairs Bureau of Oceans and International Environmental and Scientific Affairs Bureau of Population, Refugees, and Migration Coordinator for Cyber Issues Coordinator for Sanctions Policy Office of Global Women's Issues Office of International Religious Freedom Office of the Special Coordinator for Global Criminal Justice Office of the Special Envoy to Monitor and Combat Anti- Semitism Office of the Special Presidential Envoy for Hostage Affairs Special Advisor for International Disability Rights Special Advisor for Religious Minorities in the Near East and South Central Asia Special Envoy for Holocaust Issues Special Representative for the Arctic Region USAID: Bureau for Democracy, Conflict, and Humanitarian Assistance Bureau for Economic Growth, Education and Environment Bureau for Food Security Regional Development Mission for Asia Office of Gender Equality and Women's Empowerment USAID Advisor for Indigenous Peoples Issues The directive in the Senate report for the Comptroller General to review any reorganization or redesign proposal or plan by the Department of State and USAID is no longer required. Section 7083. Multilateral Development Bank Replenishments (New) Section 7084. Rescissions (New) TITLE VIII OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM DEPARTMENT OF STATE Administration of Foreign Affairs DIPLOMATIC AND CONSULAR PROGRAMS (INCLUDING TRANSFER OF FUNDS) The Act provides an additional $2,975,971,000 for Diplomatic and Consular Programs, of which $2,376,122,000 is for WSP, for the extraordinary costs of operations and security in Afghanistan, Pakistan, Iraq, areas of unrest, and high threat and high risk posts, which is designated for OCO/ GWOT pursuant to BBEDCA. Within the total, up to $5,000,000 may be transferred to other agencies to support operations in, and assistance for, Afghanistan. The Secretary of State is directed to include in the operating plan required by section 7076(a) of the Act a description of any funds transferred to other agencies in support of Afghanistan operations, including projected transfer amounts and the number of staff supported by each agency, and operating levels for Afghanistan, Pakistan, and Iraq. OFFICE OF INSPECTOR GENERAL The Act provides an additional $68,100,000 for Office of Inspector General, of which $54,900,000 is for the Special Inspector General for Afghanistan Reconstruction, and is designated for OCO/GWOT pursuant to BBEDCA. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE The Act provides an additional $71,778,000 for Embassy Security, Construction, and Maintenance, which is for WSU and designated for OCO/GWOT pursuant to BBEDCA. International Organizations CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS The Act provides an additional $96,240,000 for Contributions to International Organizations for the extraordinary costs of UN missions in Afghanistan, Iraq, Libya, and Somalia, which is designated for OCO/GWOT pursuant to BBEDCA. [[Page H2855]] CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES The Act provides an additional $967,456,000 for Contributions for International Peacekeeping Activities for peacekeeping operations in the Middle East and Africa, which is designated for OCO/GWOT pursuant to BBEDCA. Sufficient funds are provided under Peacekeeping Operations for a United States contribution to the United Nations Support Office in Somalia at the statutory level of 25 percent. RELATED AGENCY UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds Appropriated to the President OPERATING EXPENSES The Act provides an additional $158,067,000 for Operating Expenses for the extraordinary costs of operations in countries in conflict and areas of instability and violence, including in Afghanistan, Pakistan, and Iraq, which is designated for OCO/GWOT pursuant to BBEDCA. OFFICE OF INSPECTOR GENERAL The Act provides an additional $2,500,000 for Office of Inspector General for the costs associated with oversight of the obligation and expenditure of OCO/GWOT funding, which is designated for OCO/GWOT pursuant to BBEDCA. BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President INTERNATIONAL DISASTER ASSISTANCE The Act provides an additional $1,588,778,000 for International Disaster Assistance for the extraordinary costs of the United States response to international disasters and crises, including those resulting from conflict, which is designated for OCO/GWOT pursuant to BBEDCA. TRANSITION INITIATIVES The Act provides an additional $62,043,000 for Transition Initiatives for the extraordinary costs of assistance for conflict countries and countries emerging from conflict, which is designated for OCO/GWOT pursuant to BBEDCA. COMPLEX CRISES FUND The Act provides an additional $20,000,000 for Complex Crises Fund for the extraordinary costs of addressing security and stabilization requirements in conflict countries, which is designated for OCO/GWOT pursuant to BBEDCA. ECONOMIC SUPPORT FUND The Act provides an additional $2,152,122,000 for Economic Support Fund for the extraordinary costs of assistance for countries in conflict and areas of instability and violence, including Afghanistan, Pakistan, and countries in the Middle East and Africa, which is designated for OCO/GWOT pursuant to BBEDCA. Department of State MIGRATION AND REFUGEE ASSISTANCE The Act provides an additional $2,431,198,000 for Migration and Refugee Assistance for the extraordinary costs to respond to refugee crises overseas, which is designated for OCO/GWOT pursuant to BBEDCA. INTERNATIONAL SECURITY ASSISTANCE Department of State INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT The Act provides an additional $417,951,000 for International Narcotics Control and Law Enforcement for the extraordinary costs for assistance for countries in conflict and areas of instability and violence, including Afghanistan and Pakistan, which is designated for OCO/GWOT pursuant to BBEDCA. NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS The Act provides an additional $220,583,000 for Nonproliferation, Anti-terrorism, Demining and Related Programs for the extraordinary costs for anti-terrorism, demining, and other programs in countries in conflict and areas of instability and violence, which is designated for OCO/GWOT pursuant to BBEDCA. PEACEKEEPING OPERATIONS The Act provides an additional $325,213,000 for Peacekeeping Operations for the extraordinary cost for peacekeeping requirements, including the United States share of the UN Support Office in Somalia, which is designated for OCO/GWOT pursuant to BBEDCA. Funds Appropriated to the President FOREIGN MILITARY FINANCING PROGRAM The Act provides an additional $460,000,000 for Foreign Military Financing Program for the extraordinary costs for assistance for countries in conflict and areas of instability and violence, including to counter Russian influence and aggression, which is designated for OCO/GWOT pursuant to BBEDCA. GENERAL PROVISIONS Section 8001. Additional Appropriations This section clarifies that amounts appropriated by this title are in addition to amounts appropriated or otherwise made available in the Act for fiscal year 2018. Section 8002. Extension of Authorities and Conditions This section requires that the authorities and conditions applicable to funding elsewhere in the Act are applicable to funds in this title. Section 8003. Counterterrorism Partnerships Fund The Act provides $114,250,000 under Nonproliferation, Anti- terrorism, Demining and Related Programs for the Counterterrorism Partnerships Fund, including to enhance the capacity of the Kurdistan Regional Government security services and for other programs in the Kurdistan Region of Iraq. The Secretary of State shall consult with the Committees on Appropriations prior to the notification and obligation of such funds. Section 8004. Transfer of Funds Subsection (a) provides certain transfer authorities for funds appropriated by this title in the Act. Subsection (b) provides authority for the Secretary of State to transfer funds appropriated by this title in the Act under International Narcotics Control and Law Enforcement, Peacekeeping Operations, and Foreign Military Financing Program in an amount that shall not exceed $7,500,000 to Global Security Contingency Fund. Subsection (c) requires that any transfers pursuant to subsection (a) may only be exercised to address contingencies. Subsection (d) requires that the transfer authority provided by subsections (a) and (b) is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. [[Page H2856]] [GRAPHIC] [TIFF OMITTED] TH220318.615 [[Page H2857]] [GRAPHIC] [TIFF OMITTED] TH220318.616 [[Page H2858]] [GRAPHIC] [TIFF OMITTED] TH220318.617 [[Page H2859]] [GRAPHIC] [TIFF OMITTED] TH220318.618 [[Page H2860]] [GRAPHIC] [TIFF OMITTED] TH220318.619 [[Page H2861]] [GRAPHIC] [TIFF OMITTED] TH220318.620 [[Page H2862]] [GRAPHIC] [TIFF OMITTED] TH220318.621 [[Page H2863]] [GRAPHIC] [TIFF OMITTED] TH220318.622 [[Page H2864]] [GRAPHIC] [TIFF OMITTED] TH220318.623 [[Page H2865]] [GRAPHIC] [TIFF OMITTED] TH220318.624 [[Page H2866]] [GRAPHIC] [TIFF OMITTED] TH220318.625 [[Page H2867]] [GRAPHIC] [TIFF OMITTED] TH220318.626 [[Page H2868]] [GRAPHIC] [TIFF OMITTED] TH220318.627 [[Page H2869]] [GRAPHIC] [TIFF OMITTED] TH220318.628 [[Page H2870]] [GRAPHIC] [TIFF OMITTED] TH220318.629 [[Page H2871]] [GRAPHIC] [TIFF OMITTED] TH220318.630 [[Page H2872]] DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Congressional Directives Unless otherwise noted, the language and allocations set forth in the House report (House Report 115-237) and the Senate report (Senate Report 115-138) carry the same weight as the language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in this division or joint explanatory statement. House report language and Senate report language, neither of which is changed by this joint explanatory statement, is a result of the 2018 appropriations agreement. The joint explanatory statement, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where the House or the Senate has directed the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations. The Department of Transportation and the Department of Housing and Urban Development are directed to notify the House and Senate Committees on Appropriations seven days prior to the announcement of a new program, initiative, or authority. Any reprogramming requests must be submitted to the Committees on Appropriations no later than June 30, 2018. TITLE I--DEPARTMENT OF TRANSPORTATION Office of the Secretary SALARIES AND EXPENSES The agreement provides $112,813,000 for the salaries and expenses of the Office of the Secretary. The agreement includes funding by office as specified below, and offices are to manage staffing levels within the amounts provided. Funds are available for transfer between all offices under certain conditions. ------------------------------------------------------------------------ ------------------------------------------------------------------------ Immediate Office of the Secretary.................... $3,001,000 Immediate Office of the Deputy Secretary............. 1,040,000 Office of the General Counsel........................ 20,555,000 Office of the Under Secretary for Transportation 10,331,000 Policy.............................................. Office of the Assistant Secretary for Budget and 14,019,000 Programs............................................ Office of the Assistant Secretary for Government 2,546,000 Affairs............................................. Office of the Assistant Secretary for Administration. 29,356,000 Office of the Assistant Secretary for Public Affairs. 2,142,000 Office of the Executive Secretariat.................. 1,760,000 Office of Intelligence, Security, and Emergency 11,318,000 Response............................................ Office of the Chief Information Officer.............. 16,745,000 ------------------------------------------------------------------------ Consumer protections.--The Department has, in recent years, initiated a process to establish more transparency in displaying the total prices of airfare tickets and related charges. Whether consumers are purchasing directly from the airlines or through ticket agents, consumers should have clear and accurate pricing information when choosing among various air transportation options. Currently, fees for additional services can be difficult to determine when searching for airfares, and, as a result, consumers may be unable to understand the true cost of travel when comparing prices. To enhance consumers' choices and provide consumers with full airline ticket pricing information, the agreement directs the Department to work in collaboration with industry, consumers, and other stakeholders to establish guidelines which should lead to airlines or any for-profit seller of commercial air transportation displaying, on an airline's website or any travel metasearch website with which the airline is partnered, full ticketing charges, including, but not limited to, seat price, any additional fees the consumer will pay per piece of baggage or per seat upgrade, and optional flight insurance costs. As a result, all the charges should be clear to the consumer, at the time of the initial search, and the anticipated total charges fully disclosed. The Secretary is directed to provide a report to the House and Senate Committees on Appropriations on the progress being made to establish these guidelines within 180 days of enactment of this Act. RESEARCH AND TECHNOLOGY The agreement provides $23,465,109 for the Office of the Assistant Secretary for Research and Technology, of which $2,618,000 shall remain available until September 30, 2020. University transportation centers.--The agreement provides $15,000,000 in additional funding for the University Transportation Center (UTC) program as authorized under the FAST Act. This additional funding is for competitive grants for a national center for congestion research, focusing on congestion relief, and a national center for infrastructure research, focusing on improving the durability and extending the life of transportation infrastructure. The increase is in addition to amounts provided for fiscal year 2018 by the FAST Act for a total UTC funding level of $90,000,000. The agreement continues to direct the Department to award no less than $3,000,000 of the amounts provided under the FAST Act for research on rural autonomous vehicles and connected vehicles to be conducted by existing UTC universities. NATIONAL INFRASTRUCTURE INVESTMENTS The agreement provides $1,500,000,000 for capital investments in surface transportation infrastructure, commonly known as the ``TIGER'' program, to remain available until September 30, 2020. The Department is directed to administer the program within its current staffing levels. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU The agreement provides $3,000,000 for the national surface transportation and innovative finance bureau. The agreement does not make an additional $3,000,000 available by transfer from the Maritime Guaranteed (Title XI) Loan Program account and does not expect the bureau to administer the Title XI program in fiscal year 2018. FINANCIAL MANAGEMENT CAPITAL The agreement provides $6,000,000 for the financial management capital program, to remain available until September 30, 2020, which includes resources for the continued execution of Data Act compliance requirements at the Department. CYBER SECURITY INITIATIVES The agreement provides $15,000,000 for departmental cyber security initiatives, to remain available until September 30, 2019. OFFICE OF CIVIL RIGHTS The agreement provides $9,500,000 for the office of civil rights. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT The agreement provides $14,000,000 for planning, research, and development activities, of which $1,500,000 is for the Interagency Infrastructure Permitting Improvement Center (IIPIC) and $5,500,000 is for the safety data and automated vehicle safety data initiatives, to remain available until expended. Bill language is included to allow for the transfer of funds to this account from other Federal agencies utilizing the services of the IIPIC. WORKING CAPITAL FUND The agreement limits expenditures for working capital fund activities to $202,245,000. MINORITY BUSINESS RESOURCE CENTER PROGRAM The agreement provides a total appropriation of $500,301 for the minority business center program for administrative expenses, including education outreach activities, monitoring of existing loans, and modification of existing loans. No funding is provided to support the subsidy cost of new loan guarantees, and no additional limitation on guaranteed loans is provided as those functions are administered by the Small Business Administration. SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH The agreement provides $4,646,000 for small and disadvantaged business utilization and outreach, to remain available until September 30, 2019. PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) The agreement provides $155,000,000 for payments to air carriers, to remain available until expended. ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION Section 101 prohibits funds available to the Department of Transportation from being obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. Section 102 requires the Secretary of Transportation to post on the internet a schedule of all Council on Credit and Finance meetings, agendas, and meeting minutes. Section 103 allows the Department of Transportation Working Capital Fund to provide payments in advance to vendors for the Federal transit pass fringe benefit program and to provide full or partial payments to, and to accept reimbursements from, Federal agencies for transit benefit distribution services. Federal Aviation administration OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) The agreement includes $10,211,754,000 for the operations of the Federal Aviation Administration (FAA), to remain available until September 30, 2019. Of the total amount provided, $8,851,000,000 is to be derived from the airport and airway trust fund. Funds are distributed in the bill by budget activity. The following table compares the agreement to the levels proposed in the budget request by activity: ------------------------------------------------------------------------ Budget Request Agreement ------------------------------------------------------------------------ Air traffic organization.......... $7,491,938,000 $7,692,786,000 Aviation safety................... 1,257,981,000 1,310,000,000 Commercial space transportation... 17,905,000 22,587,000 Finance and management............ 758,192,000 801,506,000 NextGen planning.................. 59,041,000 60,000,000 Security and Hazardous Materials 100,961,000 112,622,000 Safety........................... Staff offices..................... 204,868,000 212,253,000 ------------------------------------- Total......................... 9,890,886,000 10,211,754,000 ------------------------------------------------------------------------ Operations funding.--The agreement includes $200,848,000 above the budget request for the air traffic organization. This funding level fully supports the air traffic operational workforce, including the hiring and training of new controllers to fill critical positions. Noise mitigation.--The agreement includes no less than $2,000,000 and eight full time equivalencies for regional offices to dedicate staff for activities to address aviation noise concerns, including community engagement. [[Page H2873]] Organization designation authorization.--The agreement modifies language that was included in the House and Senate bills regarding the FAA's Organization Designation Authorization (ODA) in order to advance the certification of new aviation technologies and products. Utilization of ODAs is key to improving the effectiveness and efficiency of product certification. With funds made available under this agreement, the FAA should ensure that ODAs conduct all of the specified activities authorized and approved by the FAA in its procedures manual while the FAA continues to conduct its core responsibility of safety oversight and to take action if a systemic airworthiness noncompliance performance issue has been identified and documented. The agreement recognizes that, for safety oversight, the FAA considers a variety of mechanisms, including inspections, whistleblower alerts, and customer safety concerns. Contract towers.--The agreement includes $165,000,000 for the contract tower program and establishes new requirements for the FAA to expedite entry into the program for towers that have met cost-benefit requirements. Controller hiring.--The agreement directs the FAA to continue to update the House and Senate Committees on Appropriations on the diversity of the controller workforce, as specified in House Report 115-237, and to report on workforce attrition, as specified in Senate Report 115-138, within 120 days of enactment of this Act. Cyber security.--The agreement provides $24,000,000 in the finance and management activity to address cyber security requirements for the air traffic control system, as well as other critical systems at the FAA. Unmanned aircraft systems (UAS)--Electronic registration.-- The agreement notes the progress the FAA has made within the past year creating a new electronic registration system for UAS. The FAA has provided regular updates to the House and Senate Committees on Appropriations, and therefore, the agreement no longer directs the FAA to provide an update within 120 days of enactment of this Act. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) The agreement includes $3,250,000,000 for FAA facilities and equipment. Of the total amount available, $498,000,000 is available until September 30, 2019, $2,602,000,000 is available until September 30, 2020, and $150,000,000 is available until expended. The following table provides a breakdown of the agreement by program: ------------------------------------------------------------------------ Program Request Agreement ------------------------------------------------------------------------ Activity 1--Engineering, Development, Test, and Evaluation ------------------------------------------------------------------------ Advanced Technology Development $26,800,000 $26,800,000 and Prototyping.................. William J. Hughes Technical Center 1,000,000 1,000,000 Laboratory Improvement........... William J. Hughes Technical Center 18,000,000 23,000,000 Laboratory Sustainment........... William J. Hughes Technical Center 10,000,000 15,000,000 Infrastructure Sustainment....... Separation Management Portfolio... 13,500,000 13,500,000 Traffic Flow Management Portfolio. 10,800,000 10,800,000 On Demand NAS Portfolio........... 12,000,000 12,000,000 NAS Infrastructure Portfolio...... 17,500,000 17,500,000 NextGen Support Portfolio......... 12,000,000 12,000,000 Unmanned Aircraft Systems (UAS)... 15,000,000 25,000,000 Enterprise, Concept Development, 9,000,000 9,000,000 Human Factors, & Demonstrations Portfolio........................ ------------------------------------- Total Activity 1.............. 145,600,000 165,600,000 ------------------------------------------------------------------------ Activity 2--Air Traffic Control Facilities and Equipment ------------------------------------------------------------------------ a. En Route Programs: En Route Automation 76,650,000 91,650,000 Modernization (ERAM)--System Enhancements and Tech Refresh En Route Communications 2,650,000 2,650,000 Gateway (ECG)................ Next Generation Weather Radar 5,500,000 5,500,000 (NEXRAD)--Provide............ Air Route Traffic Control 100,400,000 120,400,000 Center (ARTCC) & Combined Control Facility (CCF) Building Improvements........ Air Traffic Management (ATM).. 4,900,000 4,900,000 Air/Ground Communications 9,750,000 9,750,000 Infrastructure............... Air Traffic Control En Route 5,400,000 5,400,000 Radar Facilities Improvements Voice Switching and Control 12,800,000 15,800,000 System (VSCS)................ Oceanic Automation System..... 23,100,000 34,950,000 Next Generation Very High 53,000,000 60,000,000 Frequency Air/Ground Communications (NEXCOM)...... System-Wide Information 50,050,000 50,050,000 Management................... ADS-B NAS Wide Implementation. 139,150,000 150,300,000 Windshear Detection Service... 1,000,000 1,000,000 Collaborative Air Traffic 9,000,000 9,000,000 Management Technologies...... Time Based Flow Management 40,450,000 40,450,000 Portfolio.................... NextGen Weather Processors.... 35,450,000 45,450,000 Airborne Collision Avoidance 7,700,000 7,700,000 System X (ACASX)............. Data Communications in Support 154,100,000 294,100,000 of NG Air Transportation System....................... Offshore Automation System.... 11,000,000 2,000,000 SBS Advanced Surveillance 4,350,000 24,350,000 Enhanced Proced Separation/ Reduced Oceanic Separation (ROS)........................ En Route Service Improvements. 3,000,000 3,000,000 Commercial Space Integration.. 4,500,000 4,500,000 ------------------------------------- Subtotal En Route Programs 753,900,000 982,900,000 b. Terminal Programs: Airport Surface Detection Equipment--Model X (ASDE-X): Terminal Doppler Weather Radar 3,800,000 3,800,000 (TDWR)--Provide.............. Standard Terminal Automation 86,700,000 86,700,000 Replacement System (STARS) (TAMR Phase 1)............... Terminal Automation 66,100,000 66,100,000 Modernization/Replacement Program (TAMR Phase 3)....... Terminal Automation Program... 8,493,000 8,493,000 Terminal Air Traffic Control 31,118,485 58,118,485 Facilities--Replace.......... ATCT/Terminal Radar Approach 56,800,000 91,800,000 Control (TRACON) Facilities-- Improve...................... Terminal Voice Switch 6,000,000 10,000,000 Replacement (TVSR)........... NAS Facilities OSHA and 46,700,000 46,700,000 Environmental Standards Compliance................... Airport Surveillance Radar 11,400,000 11,400,000 (ASR-9)...................... Terminal Digital Radar (ASR- 3,200,000 5,200,000 11) Technology Refresh and Mobile Airport Surveillance Radar (MASR)................. Runway Status Lights.......... 2,800,000 12,800,000 National Airspace System Voice 68,750,000 68,750,000 System (NVS)................. Integrated Display System 5,000,000 5,000,000 (IDS)........................ Remote Monitoring and Logging 7,400,000 7,400,000 System (RMLS)................ Mode S Service Life Extension 20,900,000 20,900,000 Program (SLEP)............... Terminal Flight Data Manager 90,350,000 90,350,000 (TFDM)....................... National Air Space (NAS) Voice 5,000,000 5,000,000 Recorder Program (NVRP)...... Integrated Terminal Weather 1,000,000 1,000,000 System (ITWS)................ Performance Based Navigation & 20,000,000 20,000,000 Metroplex Portfolio.......... ------------------------------------- Subtotal Terminal Programs 541,511,485 619,511,485 c. Flight Service Programs: Aviation Surface Observation 10,000,000 10,000,000 System (ASOS)................ Future Flight Services Program 14,038,515 14,038,515 Alaska Flight Service Facility 2,650,000 2,650,000 Modernization (AFSFM)........ Weather Camera Program........ 1,300,000 1,300,000 ------------------------------------- Subtotal Flight Service 27,988,515 27,988,515 Programs................. d. Landing and Navigational Aids Program: VHF Omnidirectional Radio 11,000,000 17,000,000 Range (VOR) with Distance Measuring Equipment (DME).... Instrument Landing System 7,000,000 11,000,000 (ILS)--Establish............. Wide Area Augmentation System 102,300,000 110,300,000 (WAAS) for GPS............... Runway Visual Range (RVR) and 4,000,000 4,000,000 Enhanced Low Visibility Operations (ELVO)............ Approach Lighting System 3,000,000 3,000,000 Improvement Program (ALSIP).. Distance Measuring Equipment 3,000,000 3,000,000 (DME)........................ Visual NAVAIDS--Establish/ 2,000,000 2,000,000 Expand....................... Instrument Flight Procedures 8,500,000 8,500,000 Automation (IFPA)............ Navigation and Landing Aids-- 3,000,000 3,000,000 Service Life Extension Program (SLEP)............... VASI Replacement--Replace with 5,000,000 5,000,000 Precision Approach Path Indicator.................... Runway Safety Areas-- 1,600,000 1,600,000 Navigational Mitigation...... NAVAIDS Monitoring Equipment.. 2,000,000 2,000,000 ------------------------------------- Subtotal Landing and 152,400,000 170,400,000 Navigational Aids Programs................. e. Other ATC Facilities Programs: Fuel Storage Tank Replacement 28,100,000 35,000,000 and Management............... Unstaffed Infrastructure 35,700,000 41,000,000 Sustainment.................. Aircraft Related Equipment 12,500,000 12,500,000 Program...................... Airport Cable Loop Systems-- 8,000,000 8,000,000 Sustained Support............ Alaskan Satellite 20,900,000 20,900,000 Telecommunications Infrastructure (ASTI)........ Facilities Decommissioning.... 13,900,000 27,000,000 Electrical Power Systems-- 110,000,000 125,000,000 Sustain/Support.............. Energy Management and 2,400,000 2,400,000 Compliance (EMC)............. Child Care Center Sustainment. 1,000,000 1,000,000 FAA Telecommunications 2,000,000 30,000,000 Infrastructure............... Data Visualization, Analysis 5,500,000 5,500,000 and Reporting System (DVARS). TDM-to-IP Migration........... 3,000,000 39,000,000 ------------------------------------- Subtotal Other ATC 243,000,000 347,300,000 Facilities Programs...... ------------------------------------- Total Activity 2...... 1,718,800,000 2,148,100,000 ------------------------------------------------------------------------ Activity 3--Non-Air Traffic Control Facilities and Equipment ------------------------------------------------------------------------ a. Support Equipment: Hazardous Materials Management 35,300,000 35,300,000 Aviation Safety Analysis 12,000,000 12,000,000 System (ASAS)................ National Air Space (NAS) 12,000,000 12,000,000 Recovery Communications (RCOM)....................... Facility Security Risk 20,400,000 20,400,000 Management................... Information Security.......... 20,700,000 20,700,000 System Approach for Safety 25,800,000 25,800,000 Oversight (SASO)............. Aviation Safety Knowledge 4,000,000 4,000,000 Management Environment (ASKME)...................... Aerospace Medical Equipment 7,000,000 7,000,000 Needs (AMEN)................. System Safety Management 16,200,000 16,200,000 Portfolio.................... National Test Equipment 4,000,000 4,000,000 Program...................... Mobile Assets Management 3,600,000 3,600,000 Program...................... Aerospace Medicine Safety 14,000,000 14,000,000 Information Systems (AMSIS).. Tower Simulation System (TSS) 3,000,000 3,000,000 Technology Refresh........... ------------------------------------- Subtotal Support Equipment 178,000,000 178,000,000 b. Training, Equipment and Facilities: Aeronautical Center 14,000,000 14,000,000 Infrastructure Modernization. Distance Learning............. 1,000,000 1,000,000 ------------------------------------- Subtotal Training, 15,000,000 15,000,000 Equipment and Facilities. ------------------------------------- Total Activity 3...... 193,000,000 193,000,000 ------------------------------------------------------------------------ [[Page H2874]] Activity 4--Facilities and Equipment Mission Support ------------------------------------------------------------------------ a. System Support and Services: System Engineering and 35,700,000 35,700,000 Development Support.......... Program Support Leases........ 47,000,000 47,000,000 Logistics and Acquisition 11,000,000 11,000,000 Support Services............. Mike Monroney Aeronautical 19,700,000 19,700,000 Center Leases................ Transition Engineering Support 19,900,000 24,900,000 Technical Support Services 23,000,000 28,000,000 Contract (TSSC).............. Resource Tracking Program 6,000,000 6,000,000 (RTP)........................ Center for Advanced Aviation 57,000,000 57,000,000 System Development (CAASD)... Aeronautical Information 4,700,000 15,000,000 Management Program........... Cross Agency NextGen 1,000,000 1,000,000 Management................... ------------------------------------- Total Activity 4.......... 225,000,000 245,300,000 ------------------------------------------------------------------------ Activity 5--Personnel and Related Expenses ------------------------------------------------------------------------ Personnel and Related Expenses.... 483,800,000 498,000,000 ------------------------------------- Total All Activities.......... 2,766,200,000 3,250,000,000 ------------------------------------------------------------------------ NextGen funding.--The agreement provides $1,268,165,000 for the FAA's Next Generation of Air Traffic control (NextGen) programs across the operations; facilities and equipment; and research, engineering and development accounts. This is an increase of $238,891,000 above the current level for these efforts. DataComm.--The agreement places a high priority on accelerating the ``Data Communications in Support of NextGen Air Traffic Control System'' (DataComm), as a NextGen program that promises significant, near-term improvements in the efficiency of the national airspace system. Accordingly, the agreement provides $294,100,000 for this program, a $140,000,000 increase above the budget request. Within this amount, no less than $5,000,000 is directed for cyber security enhancements to ensure the safety and security of this system. Reduced oceanic separation.--The agreement provides $24,350,000, an increase of $20,000,000 above the budget request, to enable enhanced oceanic separation services. The agreement directs an expeditious final investment decision on this program, consistent with priorities of the NextGen Advisory Committee. Remote towers.--The agreement includes $5,000,000 to continue the ongoing remote tower project, including operating costs, and to deploy and pilot remote tower systems to at least two additional airports. The FAA is directed to begin the remote tower pilot initiative within 45 days of enactment of this Act. Terminal radar approach control (TRACON) facilities- improve.--The agreement provides $91,800,000 for TRACON improvements, a $35,000,000 increase above the budget request, to expedite currently planned improvements at critical TRACON facilities. Wide area augmentation system (WAAS) for GPS.--The agreement includes language consistent with House and Senate direction on WAAS dual frequency operations and directs the FAA to provide a briefing to the House and Senate Committees on Appropriations to accomplish the direction within 120 days of enactment of this Act. RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) The agreement provides $188,926,000 for the FAA's research, engineering, and development activities, to remain available until September 30, 2020. The agreement provides the following levels for specific programs: ------------------------------------------------------------------------ Program Request Agreement ------------------------------------------------------------------------ Fire Research and Safety...................... $7,044,000 $7,200,000 Propulsion and Fuel Systems................... 2,269,000 2,100,000 Advanced Materials/Structural Safety.......... 4,338,000 10,500,000 Aircraft Icing/Digital System Safety.......... 9,253,000 9,253,000 Continued Airworthiness....................... 10,437,000 11,269,000 Aircraft Catastrophic Failure Prevention 1,570,000 1,570,000 Research..................................... Flightdeck/Maintenance/System Integration 6,825,000 7,305,000 Human Factors................................ System Safety Management...................... 4,149,000 5,500,000 Air Traffic Control/Technical Operations Human 5,196,000 5,800,000 Factors...................................... Aeromedical Research.......................... 9,765,000 9,080,000 Weather Program............................... 13,399,000 15,476,000 Unmanned Aircraft Systems Research............ 6,787,000 24,035,000 NextGen--Alternative Fuels for General 5,924,000 7,000,000 Aviation..................................... Commercial Space.............................. 1,796,000 1,872,000 NextGen--Wake Turbulence...................... 6,831,000 6,831,000 NextGen--Air Ground Integration Human Factors. 6,757,000 6,757,000 NextGen--Weather Technology in the Cockpit.... 3,644,000 3,644,000 NextGen--Information Security................. 1,000,000 1,000,000 Environment and Energy........................ 14,497,000 18,013,000 NextGen--Environmental Research--Aircraft 23,151,000 29,174,000 Technologies, Fuels, and Metrics............. System Planning and Resource Management....... 2,135,000 2,135,000 William J. Hughes Technical Center Laboratory 3,233,000 3,412,000 Facility..................................... ------------------------- Total..................................... 150,000,000 188,926,000 ------------------------------------------------------------------------ Advanced material/structural safety.--The agreement provides $10,500,000 for Advanced Material/Structural Safety, including $2,000,000 for public/private partners to evaluate material for airworthiness certification and $4,000,000 to advance the use of new structural material applications and bring new materials into production. Continued airworthiness.--The agreement provides $11,269,000 and directs the FAA to use the increase above the enacted level to collaborate with academic and industry partners to develop standards and assessment methods for certifying advanced material components for aerospace applications. Unmanned aircraft systems (UAS) research.--The agreement provides $24,035,000, an increase of $17,248,000 above the budget request. Of the funds provided, $12,035,000 is to support the expanded role of the UAS Center of Excellence, $2,000,000 is to expand the Center's role in transportation disaster preparedness and response, and $10,000,000 is to support UAS research activities at the FAA technical center and other FAA facilities. UAS traffic management (UTM).--The agreement includes direction included in House Report 115-237 and Senate Report 115-138 and directs the FAA to report its progress on this direction to the House and Senate Committees on Appropriations no later than 120 days after enactment of this Act. Environmental sustainability.--The agreement includes a total of $47,187,000 for research related to environmental sustainability, which is $9,539,000 above the budget request and $4,000,000 above the fiscal year 2017 enacted level. This total includes $18,013,000 under ``Environment and Energy'' and another $29,174,000 under ``NextGen--Environmental Research Aircraft Technologies, Fuels, and Metrics.'' The total level of funding supports the CLEEN program, as well as the Center of Excellence for alternative jet fuels and environment. The FAA is directed to use the increase in funding for the Center of Excellence, resulting in a total of $15,000,000 for the Center. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) The agreement includes an obligation limitation of $3,350,000,000 and a liquidating cash appropriation of $3,000,000,000, to remain available until expended. Within the obligation limitation, the agreement provides not more than $111,863,000 for administrative expenses, no less than $15,000,000 for the airport cooperative research program, no less than $33,210,000 for airport technology research, and $10,000,000 for the small community air service development program (SCASDP). Aircraft rescue and firefighting training facilities.--The agreement includes direction included in House Report 115-237 and Senate Report 115-138 regarding aircraft rescue and firefighting training facilities, and directs the FAA to provide a report within 120 days of enactment of this Act. GRANTS-IN-AID FOR AIRPORTS The agreement provides $1,000,000,000 in new discretionary budget authority for grants for high priority airport construction projects. The agreement includes language to prioritize funding for small and rural airports. ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION Section 110 allows no more than 600 technical staff-years at the Center for Advanced Aviation Systems Development. Section 111 prohibits the use of funds for adopting guidelines or regulations requiring airport sponsors to provide the FAA ``without cost'' building construction or space. Section 112 allows reimbursement for fees collected and credited under 49 U.S.C. 45303. Section 113 allows reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the operations account. Section 114 prohibits funds for Sunday premium pay unless work was actually performed on a Sunday. Section 115 prohibits funds from being used to buy store gift cards with Government issued credit cards. Section 116 prohibits funds from being obligated or expended for retention bonuses for FAA employees without prior written approval of the DOT Assistant Secretary for Administration. Section 117 requires the Secretary to block the display of an owner or operator's aircraft registration number in the Aircraft Situational Display to Industry program upon the request of an owner or operator. Section 118 prohibits the use of funds for salaries and expenses of more than eight political and Presidential appointees in the FAA. Section 119 prohibits funds to increase fees under 49 U.S.C. 44721 until the FAA provides a report to the House and Senate Committees on Appropriations that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order 13642. Section 119A requires the FAA to notify the House and Senate Committees on Appropriations at least 90 days before closing a regional operations center or reducing the services provided. Section 119B prohibits funds from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey. Section 119C prohibits funds from being used to withhold from consideration and approval certain applications for participation in the Contract Tower Program, or for reevaluation of cost-share program participation, pending as of January 1, 2016. Section 119D requires the FAA to take certain actions regarding Organization Delegation Authorization (ODA). Federal Highway Administration LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) The agreement limits obligations for the administrative expenses of the Federal Highway Administration (FHWA) to $439,443,925. [[Page H2875]] In addition, the agreement provides $3,248,000 for the administrative expenses of the Appalachian Regional Commission. FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The agreement limits obligations for the federal-aid highways program to $44,234,212,000. Highway guide sign fonts.--The agreement prohibits funds from being used to enforce actions terminating the Interim Approval IA-5 of the Clearview font on highway guide signs. FHWA is directed to reinstate Interim Approval IA-5. FHWA is also directed to conduct a comprehensive review of the research on this alternative font and to report on its findings to the House and Senate Committees on Appropriations within 90 days of enactment of this Act. The report must document the safety and cost implications of the decision to terminate approval of Clearview font and fully address the comments submitted by affected states during the related December 13, 2016 request for information (FHWA Docket No. FHWA 2016 0036). The agreement does not include directives under the paragraph entitled ``Highway Guide Signs Font'' in Senate Report 115-138. Bridge corrosion control best practices.--The agreement directs the Secretary to submit the report required in House Report 115 237 on bridge corrosion control best practices, but does not direct the Secretary to use a third party organization to determine the qualification of contractors and subcontractors. Culvert and storm sewer materials procurement.--The Secretary is not directed to evaluate the methods by which States procure culvert and storm sewer materials or the impact of those methods on project costs. Surface transportation system funding alternatives program.--The Secretary is not directed to issue an annual notice of funding opportunity for the surface transportation system funding alternatives program for each fiscal year for which funding is provided. The Secretary is not directed to modify deadlines within such notices to align with state legislative calendars. Going forward, should pilot planning and predevelopment activities be made eligible for funding under this program, the Secretary is directed to extend the amount of time permitted for these activities from 18 to 24 months. (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) The agreement provides a liquidating cash appropriation of $44,973,212,000, to remain available until expended, to pay the outstanding obligations of the various highway programs at the levels provided in this Act and prior appropriations Acts. HIGHWAY INFRASTRUCTURE PROGRAMS The agreement provides $2,525,000,000 from the general fund, of which $1,980,000,000 is for road and bridge projects eligible under the surface transportation block grant program, $15,800,000 is for the Puerto Rico highway program, $4,200,000 is for the territorial highway program, $300,000,000 is for the nationally significant federal lands and tribal projects program, and $225,000,000 is for a competitive bridge program. Funding for the nationally significant federal lands and tribal projects program is available until expended, and all other funding is available until September 30, 2021. ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION Section 120 distributes the federal-aid highways program's obligation limitation. Section 121 allows funds received by the Bureau of Transportation Statistics from the sale of data products to be credited to the federal-aid highways account. Section 122 provides requirements for any waiver of Buy America requirements. Section 123 prohibits funds from being used to provide credit assistance under sections 603 and 604 of title 23, United States Code, unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations, the Senate Committee on Environment and Public Works, the Senate Committee on Banking, Housing and Urban Affairs, and the House Committee on Transportation and Infrastructure at least three days prior to credit application approval. Section 124 requires 60-day notification to the Committees on Appropriations for any INFRA grants as authorized under 23 U.S.C. 117 provided that such notification shall be made no later than 180 days from the date of enactment of this Act. Section 125 requires the reinstatement of the Clearview font. Section 126 allows state DOTs to repurpose certain highway project funding to be used within 50 miles of its original designation. Section 127 adds a truck weight exemption for certain highways in North Dakota. Section 128 amends an existing high priority corridor on the national highway system. Section 129 allows the Secretary to remove outdated restrictions on the use of excess toll revenues for certain highways in order to make them consistent with 23 U.S.C. 129. Section 129A makes a technical correction to an existing truck weight exemption for New Hampshire. Federal Motor Carrier Safety Administration MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The agreement includes a liquidation of contract authorization and a limitation on obligations of $283,000,000 for the operations and programs of the Federal Motor Carrier Safety Administration (FMCSA). Of this limitation, $9,073,000 is for the research and technology program and $34,824,000 is for information management to remain available for obligation until September 30, 2020. Bus and lease interchange rule.--The FMCSA is directed to modify or remove the final rule concerning the lease and interchange of passenger carrying motor vehicles no later than December 1, 2018. Regulatory compliance burdens on small carriers.--The Department is not required to deliver a report to the House and Senate Committees on Appropriations on whether an implementation and enforcement delay of the electronic logging device rule would be appropriate. Information management.--The Secretary is not directed to hold 50 percent of the allotment of funding for the FMCSA Office of the Chief Information Officer, but the FMCSA Administrator shall submit an information technology capital investment plan that meets the requirements described in Senate Report 115-138 and deliver that plan to the House and Senate Committees on Appropriations by May 31, 2018. Heavy vehicle speed limiters.--The agreement does not include a prohibition on finalizing the proposed rule on Speed Limiting Devices and does not direct the FMCSA and NHTSA to fully and expeditiously address all public comments on the August 26, 2016, joint proposed rule requiring speed limiter devices. MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) The agreement provides a liquidating cash appropriation of $374,800,000 and a limitation on obligations of $561,800,000 for motor carrier safety grants, of which $87,000,000 shall be available until September 30, 2022, and $474,800,000 shall remain available until expended. The agreement allocates the total grant funding as follows: ------------------------------------------------------------------------ Program Funding ------------------------------------------------------------------------ Motor carrier safety assistance program.............. $298,900,000 Commercial driver's license program implementation 31,800,000 program............................................. High priority activities program..................... 43,100,000 Commercial motor vehicle operators grant program..... 1,000,000 Highly automated vehicle research and development.... 100,000,000 Border facility modernization and maintenance........ 87,000,000 ------------------------------------------------------------------------ Highly automated vehicle research and development program.--The agreement provides $100,000,000, to remain available until expended, for a highly automated vehicle research and development program to fund planning, direct research, and demonstration grants for highly autonomous vehicle (HAV) technologies and advanced driver-assistance systems (ADAS). The agreement does not include directives included in House Report 115-237 under the paragraph entitled ``Highly automated commercial vehicle research and development program'' and instead replaces those directives with those contained herein. Of the total amount provided, up to $500,000 shall be available to the Secretary to develop a comprehensive plan to better manage departmental initiatives related to automated vehicles in response to the Government Accountability Office (GAO) recommendation for executive action included in the November 2017 report (GAO-18-132) within 90 days of enactment of this Act. The Secretary is directed to specify within this plan goals, priorities, steps to achieve results, milestones, and performance measures to track progress. Of the total amount provided, not less than $38,000,000 shall be used for direct research, including administrative expenses, on HAV and ADAS technologies by the National Highway Traffic Safety Administration, the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and the Federal Transit Administration, of which no more than $5,000,000 shall be for ADAS research. For the purposes of the agreement, HAV refers to technologies capable of the Society of Automotive Engineers (SAE) Level 3, Level 4, or Level 5 automation, whereas ADAS refers to technologies capable of Level 1 or Level 2. Prior to obligating funds provided in the above paragraph and within 120 days of enactment of this Act, the Secretary shall develop a holistic HAV/ADAS research spend plan that advances DOT's understanding of HAV and ADAS technologies to the benefit of both commercial motor vehicle and light duty vehicle safety and is consistent with the comprehensive plan developed pursuant to GAO's recommendation. The research should leverage the expertise of the private sector to identify methods and criteria for measuring the cyber security assurance levels deployed in autonomous vehicles. The Secretary is expected to prioritize research topics that fill gaps in research being conducted by the private sector, have the strongest potential to advance the safe deployment of HAV and ADAS technologies, and deliver the highest net benefits to road safety. The research spend plan shall identify research topics and goals, estimated [[Page H2876]] costs per topic, estimated time of completion for each goal, the lead modal administration for each topic, as well as roles and responsibilities of any supporting modal administrations. The Secretary is directed to certify in the spend plan that all funded activities shall be coordinated with ongoing research funded across the Department and shall supplement and not supplant ongoing AV and ADAS research including NHTSA's vehicle safety and connected vehicle research programs. Of the total amount provided, not less than $60,000,000 shall be used for grants and cooperative agreements to fund demonstration projects that test the feasibility and safety of HAV and ADAS deployments, as well as necessary administrative expenses. The Secretary is directed to solicit applications within 180 days of enactment of this Act and to make funding awards within one year of enactment of this Act. The Secretary is directed to include state, local, and tribal governments, transit agencies and authorities, metropolitan planning organizations, other subdivisions of state or local governments, or a multijurisdictional group thereof, including entities designated as automated vehicle proving grounds, as eligible applicants. The Secretary may also include academic institutions or research institutions as eligible, but shall not award funds to private companies. The Department is expected to include as eligible activities the following: technologies associated with autonomous vehicles and other collision avoidance technologies, including systems using cellular technology; advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications; advanced mobility and access technologies, such as dynamic ridesharing and information systems to support human services for elderly and disabled individuals; dynamic road network mapping; roadway marking and signage; community education and outreach; and transportation data collection and analysis. In reviewing applications and making funding awards, the Secretary is directed to award no more than $10,000,000 to a single grantee, no more than $15,000,000 to grantees within a single state, and not less than $20,000,000 to entities designated as automated vehicle proving grounds. The Secretary is directed to select projects that serve a variety of communities, including urban, suburban, and rural environments, and that serve a variety of transportation markets including freight, personal mobility, and mass transit. The Secretary is directed to prioritize projects that test applications with the greatest potential to serve transportation-challenged populations, including the elderly and individuals with disabilities. For all funded projects, the Secretary is expected to require grantees to gather and share relevant data with the Department, subject to appropriate protections for confidential business information, to aid DOT research efforts, and to inform future policies and standards. Of the total amount provided, up to $1,500,000 shall be for the Secretary of Transportation, in consultation with the Secretary of Labor, to conduct a comprehensive analysis of the impact ADAS and HAV technologies on drivers and operators of commercial motor vehicles, including labor displacement, within one year of enactment of this Act. The analysis shall include stakeholder outreach and examine: (1) reduced situational awareness caused by the operation of these vehicles and options for mitigating such safety risks; (2) visibility, mobility, and safety issues of platooning; and (3) minimum and recommended training requirements. The analysis should also examine labor displacement from the deployment of HAV and ADAS technologies, including: (1) the potential pace of job loss; (2) segments of motor carrier and passenger transportation that could be affected; (3) existing labor market programs that link workers to employment; and (4) recommendations for new public or private sector job training opportunities. The analysis shall not impede or delay any ongoing studies at the Department related to automated vehicles. ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION Section 130 subjects funds appropriated in this Act to the terms and conditions of section 350 of Public Law 107-87 and section 6901 of Public Law 110-28. Section 131 requires FMCSA to send notice of 49 CFR section 385.308 violations by certified mail, registered mail, or some other manner of delivery which records receipt of the notice by the persons responsible for the violations. Section 132 prohibits funds from being used to enforce the electronic logging device rule with respect to carriers transporting livestock or insects. National Highway Traffic Safety Administration OPERATIONS AND RESEARCH The agreement provides $189,075,000 from the general fund for operations and research. Of this amount, $40,000,000 shall remain available until September 30, 2019. In addition to salaries and expenses, the agreement provides $24,545,000 in Rulemaking program funding, of which not less than $15,000,000 is for the new car assessment program, $32,154,000 is for enforcement program funding, of which not less than $20,000,000 is for the Office of Defects Investigation, and $48,866,000 is for research and analysis programs, of which not less than $15,000,000 is for vehicle electronics and emerging technologies, which includes research of automated vehicle technologies. The agreement fully funds Full Time Equivalent (FTE) staffing increases consistent with prior year appropriations and the program increases provided herein and does not prohibit the addition of FTE above those provided in previous fiscal years. OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The agreement provides a liquidating cash appropriation and an obligation limitation of $149,000,000, to remain available until expended, which reflects the authorized level of contract authority. Of the total, $143,700,000 is provided for the programs authorized under 23 U.S.C. 403, and $5,300,000 is for the national driver register. Of the total amount provided under this heading, $20,000,000 shall remain available until September 30, 2019, and shall be in addition to any limitation imposed on obligations in future fiscal years. Consistent with the FAST Act, the agreement includes $5,494,000 for in-vehicle alcohol detection device research. The agreement does not include up to $6,500,000 for a high visibility enforcement paid-media campaign in the area of highway-rail grade crossing safety under this heading and instead funds this activity with an additional appropriation from the general fund. Additional highway safety funding.--The agreement provides $11,500,000 in additional highway safety funding from the general fund under Section 144 of this Act. Of this amount $6,500,000 shall be used to support a high visibility enforcement paid-media campaign in the area of highway-rail grade crossing safety. The Committee directs NHTSA to coordinate these resources with the media and other highway safety campaigns, and to work collaboratively with the Federal Railroad Administration on the campaign's message development. The remaining $5,000,000 shall be available for grants, pilot program activities, and other innovative solutions to reduce impaired-driving fatalities, including efforts to expand awareness and use of Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training. Such activities shall be in collaboration with appropriate State and local governments and law enforcement organizations. The agreement fully funds Full Time Equivalent (FTE) staffing increases consistent with prior year appropriations and the program increases provided herein and does not prohibit the addition of FTE above those provided in previous fiscal years. Automated vehicle exemptions to vehicle standards.--The Department is not directed to grant or deny 49 CFR Part 555 exemption requests within 60 days. However, the Department is directed to implement a streamlined application process for 49 CFR Part 555 exemption requests and to grant or deny a request for exemption as expeditiously as possible. Impaired driving study.--The Department is directed to perform a pilot, within existing resources and in partnership with one or more qualified universities, to examine behavioral factors that influence a driver's willingness to drive while impaired rather than a national study as directed in Senate Report 115-138. The pilot shall be conducted to inform whether or not a national study would be useful in determining if traffic safety behavior and culture can be analyzed to predict the intention to drive impaired. Analyses from this pilot study may be used in conjunction with other studies to assist existing safety programs in achieving a sustainable reduction in impaired driving. HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The agreement provides a liquidating cash appropriation and an obligation limitation of $597,629,000 for highway traffic safety grants, to remain available until expended. The agreement allocates funding as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Highway safety programs (section 402)................ $261,200,000 National priority safety programs (section 405)...... 280,200,000 High visibility enforcement program (section 404).... 29,900,000 Administrative expenses.............................. 26,329,000 ------------------ Total:....................................... $597,629,000 ------------------------------------------------------------------------ Consistent with the FAST Act, the agreement includes $5,494,000 for in-vehicle alcohol detection device research within the highway safety programs funded under the operations and research heading. The agreement does not include additional funding for this research as a set-aside within highway traffic safety grants. ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Section 140 provides funding for travel and related expenses for state management reviews and highway safety core competency development training. Section 141 exempts obligation authority made available in previous public laws from the obligation limitations set for the current year. Section 142 prohibits the use of funds in the Act for the National Roadside Survey. Section 143 prohibits funds from being used to mandate global positioning systems in [[Page H2877]] private vehicles without consideration of privacy concerns. Section 144 provides additional funding for highway safety programs. Federal Railroad Administration SAFETY AND OPERATIONS The agreement provides $221,698,000 for safety and operations of the Federal Railroad Administration (FRA). Of the funds provided, $15,900,000 is available until expended, and up to $350,000 is available for the Secretary to assist Class II and Class III railroads to prepare and apply for Railroad Rehabilitation and Improvement Financing Program (RRIF) direct loans. The agreement fully funds every previously provided full-time equivalent position and does not provide for new positions in fiscal year 2018. The agreement funds the following priorities: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Safe transportation of energy products..................... $2,000,000 Automated track inspection program......................... 16,500,000 Railroad safety information system and front end interface. 4,800,000 Positive train control..................................... 10,000,000 Confidential close call program............................ 3,500,000 National bridge system inventory update and model 600,000 modification.............................................. ------------------------------------------------------------------------ The agreement directs FRA to explore ways to increase participation in the confidential close call reporting system and develop a solution that allows the private sector to contribute financially to the program. FRA is directed to provide a summary report on the previous direction to the House and Senate Committees on Appropriations within 120 days of enactment of this Act. RAILROAD RESEARCH AND DEVELOPMENT The agreement provides $40,600,000, to remain available until expended, for railroad research and development. The agreement supports $2,500,000 to improve safety practices and training for Class II and Class III freight railroads; $2,000,000 for tank car research related to the safe transportation of energy products in partnership with other Federal agencies; and $1,000,000 for research with universities on intelligent railroad systems. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM The agreement authorizes the Secretary to issue direct loans and loan guarantees pursuant to sections 501 through 504 of P.L. 94-210, and provides $25,000,000 for the cost of such credit instruments. The agreement directs the Secretary, in consultation with the Director of the Office of Management and Budget, to define and create loan cohorts on a fiscal year basis within 120 days of enactment of this Act. Within 180 days of enactment of this Act, the Secretary is required to repay the credit risk premium (CRP) plus interest for all loans in cohorts with satisfied obligations. For cohorts with outstanding obligations, the Secretary is required to repay the CRP plus interest within 60 days after all obligations in the cohort are satisfied. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR The agreement provides $250,000,000, to remain available until expended, for grants authorized by section 24911 of title 49, United States Code, and allows the Secretary to withhold up to one percent for project management and oversight of these grants. In addition, the agreement clarifies that an otherwise eligible project on the Northeast Corridor may receive a grant if the entities at the project locations have valid cost allocation agreements with Amtrak pursuant to section 24905(c)(2) title 49 U.S.C. The Agreement does not direct FRA to give preference to projects with completed environmental and design work or for critical at-risk projects. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS The agreement provides $592,547,000, to remain available until expended, for consolidated rail infrastructure and safety improvements grants. Of this amount, $35,500,000 is for projects eligible under section 24407(c)(2) of title 49 U.S.C. that contribute to the initiation or restoration of intercity passenger rail service; and $250,000,000 is for Positive Train Control (PTC) deployment grants pursuant to section 24407(c)(1). In addition, the agreement expands PTC deployment grant eligibility to include commuter rail lines and allows the Secretary to transfer funds, after selection, to the appropriate agency. The agreement allows applications for multiple phases of a project in the same application. The agreement allows the Secretary to withhold up to one percent for project management and oversight of these grants. RESTORATION AND ENHANCEMENT The agreement provides a total of $20,000,000, to remain available until expended, for restoration and enhancement grants authorized by section 24408 of title 49 U.S.C. The agreement allows the Secretary to withhold up to one percent for project management and oversight of these grants. NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION The agreement provides $650,000,000 for the Secretary to make grants for activities associated with the Northeast Corridor (NEC), defined as the main line between Boston, Massachusetts, and the District of Columbia, and the facilities and services used to operate and maintain that line. Amtrak projects a fiscal year 2018 NEC net operating profit of $403,500,000, yielding a total funding level of $1,053,500,000 for the NEC. The agreement allows the Secretary to retain up to one-half of one percent of the total provided to Amtrak for project management and oversight costs and requires not less than $50,000,000 to bring Amtrak-served facilities and stations into compliance with the Americans with Disabilities Act. The agreement also allows up to $5,000,000 of the NEC grants to fund the NEC Commission expenses. The Agreement does not include language from the Senate Report 115-138 and does not include the directive from House Report 115-237 requiring the FRA to first give preference to eligible projects that have complete environmental impact statements and final design or that address major critical assets which have conditions that pose a substantial risk now or in the future to the reliability of train service before considering other factors. NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION The agreement provides $1,291,600,000 for the Secretary to make grants for activities associated with the National Network. National Network Grants provide operating and capital funding for expenses on Amtrak's entire network, including long-distance routes that operate on the NEC. Of this amount, the Secretary may retain up to an additional $2,000,000 to fund expenses associated with the state- supported route committee, up to $5,000,000 may be used for costs associated with matters Amtrak brings before the Surface Transportation Board related to passenger rail service, and a minimum of $50,000,000 shall be for railroad safety technologies on state-supported routes that are not required to install PTC. ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION Section 150 limits overtime to $35,000 per employee. The agreement allows Amtrak's president to waive this restriction for specific employees for safety or operational efficiency reasons. Amtrak's president is required to delineate the reasons for granting such waiver, provide quarterly reports within 30 days of the quarter's end on cap waivers granted, and amounts paid above the cap for each month. The agreement also requires Amtrak's president to provide an annual report 60 days after enactment of this Act that summarizes Amtrak's total overtime expenses incurred by the corporation in 2017 and the three prior years, and the number of employees receiving overtime cap waivers and total overtime payments resulting from waivers by month of the 2017 calendar year and the three prior calendar years. Federal Transit Administration ADMINISTRATIVE EXPENSES The agreement provides $113,165,000 for administrative expenses. TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The agreement limits obligations from the Mass Transit Account for transit formula grants to $9,733,353,407, as authorized by the FAST Act. Funds are to be distributed as authorized. Further, the agreement provides $10,300,000,000 for the liquidation of contract authority. TRANSIT INFRASTRUCTURE GRANTS The agreement provides an additional $834,000,000 in transit infrastructure grants to remain available until expended. Of the funds provided, $400,000,000 is available for buses and bus facilities grants authorized under 49 U.S.C. 5339, of which $209,104,000 is provided for formula grants, $161,446,000 is provided for competitive grants, and $29,450,000 is provided for low or no emission grants. In addition, $400,000,000 is available for state of good repair grants authorized under 49 U.S.C. 5337, $30,000,000 is provided for high density state apportionments authorized under 49 U.S.C. 5340(d), $2,000,000 is provided for the bus testing facility authorized under 49 U.S.C. 5318, and $2,000,000 is provided for bus testing facilities authorized under 49 U.S.C. 5312(h). The agreement provides funding from the general fund, and the funding is not subject to any limitation on obligations. TECHNICAL ASSISTANCE AND TRAINING The agreement provides $5,000,000 for research activities under 49 U.S.C. 5314. CAPITAL INVESTMENT GRANTS The agreement provides $2,644,960,000 for fixed-guideway projects, to remain available until September 30, 2021, and directs the Secretary to administer the capital investment grants program in accordance with the requirements of 49 U.S.C. 5309 and move projects through the program from initial application to construction. The agreement directs the FTA to use $5,050,000 from unobligated amounts for fixed- guideway projects. Of the funds provided, $1,506,910,000 is available for projects authorized under 5309(d), $715,700,000 is available for projects authorized under 5309(e), $400,900,000 is for projects authorized under 5309(h), and $26,500,010 is available for oversight activities. The agreement directs the Secretary to obligate $2,252,508,586 of the amount provided for the capital investment grants program by December 31, 2019. The agreement directs the Secretary to provide updated project ratings expeditiously at the request of the project sponsor. GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY The agreement provides $150,000,000 to carry out section 601 of division B of Public [[Page H2878]] Law 110-432, to remain available until expended. The agreement no longer requires the Secretary to certify that WMATA is making progress toward full implementation of the corrective actions identified in the 2014 Financial Management Oversight review as WMATA has addressed all findings associated with improper financial management. ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION Section 160 exempts previously made transit obligations from limitations on obligations. Section 161 allows for the transfer of appropriations made prior to October 1, 2017 from older accounts to be merged into new accounts with similar current activities. Section 162 prohibits funds in this Act from being used to advance a specific transit line in Harris County, Texas without the results of a local election. Section 163 prohibits funds to enter into an FFGA for a project with a New Starts share greater than 51 percent. Saint Lawrence Seaway Development Corporation OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) The agreement provides $40,000,000 for operations, maintenance, and the capital asset renewal program, of which not less than $19,500,000 is provided for asset renewal program activities and shall remain available until September 30, 2020. The Saint Lawrence Seaway Development Corporation (SLSDC) is directed to submit an annual report to the House and Senate Committees on Appropriations on its asset renewal program activities by April 30, 2018. The agreement limits funding for new studies and reports for SLSDC to those studies listed in the fiscal year 2018 budget estimates. Maritime Administration MARITIME SECURITY PROGRAM The agreement provides the authorized level of $300,000,000 for the maritime security program. Funds are available until expended. OPERATIONS AND TRAINING The agreement provides a total of $513,642,000 for the Maritime Administration's (MARAD) operations and training account. For the U.S. Merchant Marine Academy (USMMA), the bill provides a total of $121,000,000. Of the funds provided, $69,000,000 is for Academy operations, including funds for an attorney for sexual assault and harassment legal advice; $45,000,000 is for the capital improvement program; and $7,000,000 is for maintenance, repairs, and equipment. The agreement directs MARAD to utilize the resources provided to fully meet the staffing, support, and training needs at the Academy to address the prevention of sexual assault and sexual harassment. The agreement provides a total of $332,200,000 for the state maritime academies, of which $6,000,000 is for direct payments; $2,400,000 is for student incentive payments; $22,000,000 is for schoolship maintenance and repair; $1,800,000 is for fuel assistance; and $300,000,000 is for design and construction of a new common schoolship for the National Security Multi-Mission Vessel Program (NSMVP). The agreement also allows prior year NSMVP design funds to be available for construction purposes. Finally, the agreement provides a total of $60,442,000 for MARAD headquarters, regional offices, and maritime program expenses. Of the funds provided, up to $1,000,000 is for contract support and/or additional personnel to administer, manage, and oversee the NSMVP new construction contract; $3,000,000 is for the maritime environmental and technical assistance program, as authorized by 46 U.S.C. 50307; and $7,000,000 is for the short sea transportation program, authorized by 46 U.S.C 55601(b)(1) and (3). The agreement requires MARAD to submit the biennial survey and report on sexual assault and sexual harassment at the Academy, as required pursuant to section 3507 of P.L. 110- 418, to the House and Senate Committees on Appropriations no later than January 12, 2019. ASSISTANCE TO SMALL SHIPYARDS The agreement provides $20,000,000 for the small shipyard grant program, to remain available until expended. SHIP DISPOSAL The agreement provides $116,000,000, to remain available until expended, for the ship disposal program. Of the total, $6,000,000 is for the disposal of four National Defense Reserve Fleet vessels, and $110,000,000 is for the storage, maintenance, and final decommissioning of the NS Savannah. MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The agreement provides a total of $30,000,000 for the Title XI program for the cost of guaranteed loans. Of the total, $3,000,000 is available for administrative expenses and shall be transferred to MARAD's operations and training account for administrative expenses. ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION Section 170 authorizes MARAD to furnish utilities and services and to make necessary repairs in connection with any lease, contract, or occupancy involving government property under control of MARAD and allows payments received to be credited to the Treasury and to remain available until expended. Section 171 prohibits a fee-for-service contract for vessel disposal, scrapping, or recycling unless a qualified domestic ship recycler will not pay for the vessel. Pipeline and Hazardous Materials Safety Administration OPERATIONAL EXPENSES The agreement provides $23,000,000 for necessary operational expenses. Within this amount, the agreement includes $1,500,000 for ``Pipeline Safety Information Grants to Communities,'' as authorized under section 60130 of title 49, United States Code. HAZARDOUS MATERIALS SAFETY The agreement provides $59,000,000 for the agency's hazardous materials safety functions. Of this amount, $7,570,000 is available until September 30, 2020, and $800,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund as offsetting receipts. Funds made available until September 30, 2020, are for long-term research and development contracts. PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) The agreement provides $162,000,000 for pipeline safety. Of that amount, $23,000,000 is derived from the oil spill liability trust fund, to remain available until September 30, 2020; $131,000,000 is derived from the pipeline safety fund, of which $64,736,000 is available until September 30, 2020; and $8,000,000 is derived from the underground natural gas storage facility safety account of the pipeline safety fund, to remain available until September 30, 2020. Of the total amount, not less than $1,058,000 shall be for the one-call state grant program. EMERGENCY PREPAREDNESS GRANTS (EMERGENCY PREPAREDNESS FUND) The agreement provides an obligation limitation of $28,318,000 for emergency preparedness grants. Further, the amount of funding provided under this account that is available for administrative costs is increased from two percent to four percent. Office of Inspector General SALARIES AND EXPENSES The agreement provides $92,152,000 for the salaries and expenses of the Office of Inspector General. General Provisions--Department of Transportation Section 180 provides authorization for DOT to maintain and operate aircraft, hire passenger motor vehicles and aircraft, purchase liability insurance, buy uniforms, or allowances therefor. Section 181 limits appropriations for services authorized by 5 U.S.C. 3109 to the rate permitted for an Executive Level IV. Section 182 prohibits recipients of funds from disseminating personal information obtained by state DMVs in connection to motor vehicle records, with an exception. Section 183 prohibits the use of funds for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation. Section 184 stipulates that revenue collected by FHWA and FRA from States, counties, municipalities, other public authorities, and private sources for training be transferred into specific accounts within the agency, with an exception. Section 185 prohibits DOT from using funds to make a grant, loan, loan guarantee, or cooperative agreement, unless DOT gives a 3 day advance notice to the House and Senate Committees on Appropriations. The provision also requires notice of any ``quick release'' of funds from FHWA's emergency relief program and prohibits notifications from involving funds not available for obligation. The provision requires DOT to provide a comprehensive list of all loans, loan guarantees, lines of credit, cooperative agreements, and discretionary grants that will be announced with a 3 day advance notice to the House and Senate Committees on Appropriations. Section 186 allows funds received from rebates, refunds, and similar sources to be credited to appropriations of DOT. Section 187 allows amounts from improper payments to a third party contractor that are lawfully recovered by DOT to be made available until expended to cover expenses incurred in recovery of such payments. Section 188 requires that reprogramming actions have to be approved or denied by the House and Senate Committees on Appropriations, and reprogramming notifications shall be transmitted solely to the Appropriations Committees. Section 189 allows funds appropriated to modal administrations to be obligated for the Office of the Secretary for costs related to assessments only when such funds provide a direct benefit to that modal administration. Section 190 authorizes the Secretary to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of transit benefits. Section 191 allows the use of funds to assist a contract utilizing geographic, economic, or other hiring preference not otherwise authorized by law, only if certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans. [[Page H2879]] TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Management and Administration The agreement directs the Department of Housing and Urban Development (HUD) to refer all appropriations law issues to the Office of Chief Financial Officer (OCFO) appropriations attorneys. The agreement also directs the Department to allow other offices to participate in technical assistance between the House and Senate Committees on Appropriations and the OCFO appropriations attorneys only at the invitation of those Committees. executive offices The agreement includes $14,708,000 for the salaries and expenses for Executive Offices, which shall be comprised of seven offices including the Offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, and Small and Disadvantaged Business Utilization, as well as the Center for Faith-Based and Neighborhood Partnerships. The agreement includes a provision limiting official reception and representation expenses to no more than $19,876. administrative support offices The agreement provides $518,303,000 for Administrative Support Offices. Funds are provided as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Office of the Chief Financial Officer................ $52,200,000 Office of the General Counsel........................ 95,400,000 Office of Administration............................. 204,253,000 Office of the Chief Human Capital Officer............ 39,300,000 Office of Field Policy and Management................ 53,500,000 Office of the Chief Procurement Officer.............. 19,500,000 Office of Departmental Equal Employment Opportunity.. 3,800,000 Office of Strategic Planning and Management.......... 4,950,000 Office of the Chief Information Officer.............. 45,400,000 ------------------ Total............................................ $518,303,000 ------------------------------------------------------------------------ The agreement no longer caps the staffing level of the OCFO Office of the Budget to the level of staff on board on September 30, 2017. The agreement amends Senate Report 115- 138 by directing the Department to prioritize the hiring of additional staff for the OCFO Office of Accounting. The agreement neither authorizes the creation of an Office of Chief Operations Officer, nor allows for the Secretary to transfer any funds from the proposed office into the ``Information Technology Fund.'' The agreement requires the Secretary to submit organizational charts within 30 days of enactment of this Act that reflect the Department's and each office's structure (to the branch level) on October 1, 2017 and on the date of enactment of this Act. The agreement notes that the Department received a failing grade on the most recent Biannual FITARA Scorecard for software licensing and directs the Department to prioritize improving its management of software licenses, including inventory and usage analysis. Program Office Salaries and Expenses public and indian housing The agreement provides $216,633,000 for the salaries and expenses for the Office of Public and Indian Housing. community planning and development The agreement provides $107,554,000 for the salaries and expenses for the Office of Community Planning and Development. The agreement amends the hiring directive contained in Senate Report 115-138 to clarify that regional and field office hiring should be prioritized to support the closeout of open audits and backlog of open grants, particularly as it relates to disaster recovery grants, before hiring personnel in other areas, unless such staff are identified as backfilling mission-critical positions. housing The agreement provides $383,000,000 for the salaries and expenses for the Office of Housing. The agreement no longer directs the Department to perform the activities carried out in prior years by the performance-based contract administrators within the Office. policy development and research The agreement provides $24,065,000 for the salaries and expenses for the Office of Policy Development and Research. fair housing and equal opportunity The agreement provides $69,808,000 for the salaries and expenses for the Office of Fair Housing and Equal Opportunity. office of lead hazard control and healthy homes The agreement provides $7,600,000 for the salaries and expenses for the Office of Lead Hazard Control and Healthy Homes. working capital fund (including transfer of funds) The agreement provides the Secretary with the authority to transfer amounts provided in this title for salaries and expenses, except those for the Office of Inspector General, to this account for the purpose of funding certain centralized activities. Public and Indian Housing tenant-based rental assistance The agreement provides $22,015,000,000 for all tenant-based Section 8 activities under the Tenant-Based Rental Assistance account. Language is included designating funds provided as follows: ------------------------------------------------------------------------ Activity Agreement ------------------------------------------------------------------------ Voucher Renewals..................................... $19,600,000,000 Tenant Protection Vouchers........................... 85,000,000 Administrative Fees.................................. 1,760,000,000 Section 811 Vouchers................................. 505,000,000 Tribal HUD-VASH Renewals............................. 5,000,000 HUD-VASH Incremental Vouchers........................ 40,000,000 Family Unification Program Vouchers.................. 20,000,000 ------------------------------------------------------------------------ The agreement includes a provision requiring the notification of obligations to Public Housing Authorities (PHAs), including the tenant protection voucher notice, within 60 days of enactment of this Act. The agreement includes language that allows the Secretary to consider PHAs' net restricted assets balances when determining allocations. The agreement does not include funding for public housing information technology modernization projects or the authority to transfer amounts to the Public Housing Capital Fund for this purpose. housing certificate fund (including rescissions) The agreement includes language allowing unobligated balances in the Housing Certificate Fund to be used for the renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators. public housing capital fund The agreement provides $2,750,000,000, of which up to $8,300,000 is for public housing financial and physical assessment activities; up to $1,000,000 is for administrative and judicial receiverships; not to exceed $21,500,000 for emergency capital needs, of which not less than $5,000,000 is for safety and security measures; up to $35,000,000 for the Resident Opportunities and Self-Sufficiency program; and $15,000,000 for the Jobs-Plus Pilot Initiative. Public Housing Mortgage Program.--The agreement excludes the directive contained in House Report 115-237 for HUD to create a research advisory committee on the public housing mortgage program and to provide quarterly reports to the House and Senate Committees on Appropriations on the same subject. Instead, the Department is directed to provide a single report within 180 days of enactment of this Act on policy and regulatory changes that would allow for increased use of the public housing mortgage program. public housing operating fund The agreement provides $4,550,000,000 for the Public Housing Operating Fund. choice neighborhoods initiative The agreement provides $150,000,000 for the Choice Neighborhoods Initiative. The agreement includes language requiring that at least $75,000,000 be made available to PHAs and provides up to $5,000,000 for grants to fund comprehensive local implementation plans with community notice and input. The agreement requires the Department to issue the notice of funding availability (NOFA) within 60 days of enactment and to issue awards within 270 days of enactment of this Act. family self-sufficiency The agreement provides $75,000,000 for the Family Self- Sufficiency program to support service coordinators who serve residents in both the public housing and Section 8 voucher programs. native american housing block grants (including transfer of funds) The agreement provides $755,000,000 for the Native American Housing Block Grant program. Of the total amount, $100,000,000 is provided for competitive grants to remain available until September 30, 2022. The remaining $655,000,000 is for the formula funding program and shall remain available until September 30, 2022. Of this amount, $7,000,000 is set aside for inspections, contracting expertise, training, and technical assistance related to funding provided for the needs of Native Americans, including no less than $2,000,000 to be awarded to a national organization as authorized by section 703 of Native American Housing Assistance and Self Determination Act of 1996 (NAHASDA), and $2,000,000 is for the cost of guaranteed loans as authorized by title VI of NAHASDA provided that the principal amount is no greater than $17,391,304. The agreement does not include a provision limiting the amount of funding a tribe can receive, and therefore the Department is not directed to collect data on the impact of such provision. indian housing loan guarantee fund program account The agreement provides $1,000,000, to remain available until expended, to subsidize a total loan level of up to $270,270,270. native hawaiian housing block grant The agreement provides $2,000,000 for the Native Hawaiian Housing Block Grant program, to remain available until September 30, 2022. Community Planning And Development housing opportunities for persons with aids The agreement provides $375,000,000 for the housing opportunities for persons with AIDS program, to remain available until September 30, 2019, except for amounts allocated pursuant to 854(c)(5) of the AIDS Housing Opportunity Act, which shall remain available until September 30, 2020. community development fund The agreement provides $3,365,000,000 for the community development fund, to remain available until September 30, 2020. Of the total, the agreement provides $3,300,000,000 in formula funding and $65,000,000 for Indian [[Page H2880]] tribes, of which up to $4,000,000 is available for imminent health and safety emergencies. community development loan guarantees program account The agreement does not provide a credit subsidy for this program, but instead provides the authority to collect fees from borrowers adequate to result in a subsidy cost of zero. The agreement also provides an aggregate limitation on commitments of no more than $300,000,000 for loan guarantees under section 108. home investment partnerships program The agreement provides $1,362,000,000, to remain available until September 30, 2021, for the home investment partnerships program. self-help and assisted homeownership opportunity program The agreement provides a total of $54,000,000 for this account, of which $50,000,000 shall remain available until September 30, 2020, in the following amounts and for the following purposes: $10,000,000 for the self-help homeownership opportunity program; $35,000,000 for the second, third, and fourth capacity building activities authorized under section 4(a) of the HUD Demonstration Act of 1993, of which not less than $5,000,000 shall be for rural capacity building activities; and $5,000,000 for capacity building activities by national organizations with expertise in rural housing development. The remaining $4,000,000 shall remain available until expended for a program to rehabilitate and modify homes of disabled or low-income veterans as authorized under section 1079 of Public Law 113-291. The agreement directs HUD to publish a NOFA for the Home Rehabilitation and Modification Pilot Program for Disabled or Low-Income Veterans within 30 days of enactment of this Act and to award funds provided for this program in fiscal years 2016, 2017, and 2018 within 180 days of enactment of this Act. homeless assistance grants The agreement provides $2,513,000,000, to remain available until September 30, 2020, for homeless assistance grants. Of the amount provided, not less than $270,000,000 shall be for the emergency solutions grants program; not less than $2,106,000,000 shall be for the continuum of care and rural housing stability assistance programs; up to $50,000,000 shall be for rapid re-housing projects and supportive service projects providing coordinated entry and for eligible activities that are critical in order to assist survivors of domestic violence, dating violence, and stalking; up to $7,000,000 shall be for the national homeless data analysis project; and up to $80,000,000 shall be for projects in up to 25 communities, including up to 8 rural communities, to demonstrate how a comprehensive approach to serving homeless youth can reduce youth homelessness, of which up to $5,000,000 shall be for technical assistance on youth homelessness, and the collection, analysis, and reporting of data and performance measures under the comprehensive approaches to serve homeless youth. Housing Programs project-based rental assistance The agreement provides $11,115,000,000 for project-based rental assistance activities, of which not to exceed $285,000,000 is for performance-based contract administrators (PBCA). The agreement also provides an additional advance appropriation of $400,000,000, to be made available on October 1, 2018. The agreement allows for the Secretary to use project funds held in residual receipt accounts, unobligated balances, including recaptures, and carryover for program activities. Troubled properties report.--The agreement directs the Department to provide quarterly reports to the House and Senate Committees on Appropriations on projects with deficient and or unsatisfactory scores within the past 36 months and the Department's plans to remedy those deficiencies. The agreement does not impose any monetary penalties on the Department for failing to meet reporting deadlines; however, the House and Senate Committees on Appropriations expect the Department to comply with the reporting deadlines herein. Performance-based contract administrators (PBCAs).--The agreement notes that PBCA services are integral to the Department's efforts to provide effective and efficient oversight and monitoring of this program, reduce improper payments, protect tenants, and ensure that properties are well maintained. In December 2017, the Department issued two solicitations, numbered 86546A18R00001 and 86546A18R00002, to procure PBCA services on a competitive basis. Due to the overwhelming critical responses from industry and stakeholders, the Department chose to cancel these solicitations, and the House and Senate Committees on Appropriations find such action appropriate. In keeping with the Administration's direction, the agreement supports the cancellation of these solicitations for the remainder of the fiscal year. In addition, the agreement directs the Department to report to the House and Senate Committees on Appropriations within 90 days of enactment of this Act on the staffing and funding requirements in the Office of Multifamily Housing Programs and the Office of the Chief Procurement Officer that would be necessary to undertake and oversee a state-by-state contracting methodology, as compared to the cancelled proposals. housing for the elderly The agreement provides $678,000,000 for the Section 202 program, to remain available until September 30, 2021, of which $105,000,000 shall be for new capital advances and project-based rental assistance contracts, and up to $90,000,000 shall be for service coordinators and the continuation of existing congregate service grants. The appropriation, plus carryover balances and residual receipts, fully funds all renewals, amendments, and property inspections related to project-based rental assistance contracts, senior preservation rental assistance contracts, service coordinators, and existing congregate service grants. housing for persons with disabilities The agreement provides $229,600,000 for the Section 811 program to remain available until September 30, 2021. The appropriation, plus carryover balances and residual receipts, fully funds all project-based rental assistance contract amendments and renewals. The agreement includes $82,600,000 for new capital advance and project rental assistance awards and directs HUD to prioritize the creation of new unit configurations that help localities comply with the obligations of Olmstead v. LC, 527 U.S. 581 (1999). housing counseling assistance The agreement provides $55,000,000 for housing counseling assistance, including up to $4,500,000 for administrative contract services, to remain available until September 30, 2019. The agreement requires the Secretary to award grants within 180 days of enactment of this Act and allows for the Secretary to enter into multiyear grant agreements, subject to the availability of annual appropriations. rental housing assistance The agreement provides $14,000,000 for the rental housing assistance program and allows for the Department to use funds, including unobligated balances and recaptured amounts, for one-year contract extensions. payment to manufactured housing fees trust fund The agreement provides $11,000,000 for the manufactured housing standards programs, of which $11,000,000 is to be derived from fees collected and deposited in the Manufactured Housing Fees Trust Fund. The agreement directs that not less than $3,600,000 is for payments to State Administrative Agency partners and not less than $4,000,000 is for the monitoring of manufacturers' compliance with construction and safety standards by third party inspection agencies. The Department has issued a final rule, interpretive bulletin, and memorandum regarding the on-site completion of construction of manufactured homes cited in section 424 of H.R. 3354 that has caused concern among various stakeholders. The agreement directs the Department to review such rule, interpretive bulletin, and memorandum, and develop a solution that ensures the safety of consumers and minimizes costs and burdensome requirements on manufacturers and consumers. The agreement also directs the Department to explore if state and local planning and permitting agencies should have jurisdiction over on-site completion and to provide a report to the House and Senate Committees on Appropriations within 120 days of enactment of this Act. Federal Housing Administration MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT The agreement establishes a limitation of $400,000,000,000 on commitments to guarantee single-family loans during fiscal year 2018, and provides that such commitment authority shall be available until September 30, 2019. The agreement also provides $130,000,000 for administrative contract expenses and provides an additional $1,400 for administrative contract expenses, up to $30,000,000, for each $1,000,000 in additional guaranteed loan commitments, if guaranteed loan commitment levels exceed $200,000,000,000 by April 1, 2018. The agreement requires that insurance for new mortgage commitments in fiscal year 2018 under Section 255 of the National Housing Act have a net credit subsidy cost that does not exceed zero. The agreement prohibits FHA from taking adverse actions against lenders in disaster affected areas based solely on compare ratios and negates the reporting requirement included in Senate Report 115-138 related to 24 C.F.R. 203. GENERAL AND SPECIAL RISK PROGRAM ACCOUNT The agreement establishes a $30,000,000,000 limitation on multifamily and specialized loan guarantees during fiscal year 2018 and provides that such commitment authority shall be available until September 30, 2019. Government National Mortgage Association GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT The agreement establishes a limitation of up to $500,000,000,000 for new commitments during fiscal year 2018, which shall be available until September 30, 2019. The agreement also provides $27,000,000 for salaries and expenses for the Government National Mortgage Association during fiscal year 2018. The agreement increases salaries and expenses by $100 for each $1,000,000 in additional guaranteed loan commitments, up to a maximum of $3,000,000, if guaranteed loan commitments exceed $155,000,000,000 by April 1, 2018. Policy Development and Research RESEARCH AND TECHNOLOGY The agreement provides $89,000,000 for research and technology activities and technical assistance, to remain available until September 30, 2019. [[Page H2881]] The agreement provides up to $14,000,000 for critical research, demonstrations, and evaluations, including:Moving to Work Expansion Demonstration evaluation; Choice Neighborhood Implementation study (final phase); Family Unification Program and Family Self- Sufficiency evaluation; Rental Assistance Demonstration and Choice Mobility evaluation; Effectiveness Evaluation of HUD's Resiliency Funding in Response to Natural Disasters; Family Self-Sufficiency National evaluation; First-Time Homebuyer Education and Counseling; and Process and Outcome Evaluation of the Rental Assistance Demonstration's Impact on Tenants, Related Protections, and Long-Term Preservation of Housing Affordability. The agreement provides not less than $25,000,000 under this heading for technical assistance, of which $3,000,000 is for non-profit or private sector organizations to provide technical assistance to distressed cities or regions. Further, up to $50,000,000 is provided for core research and technology including: market surveys, research support and dissemination, data acquisition, housing finance studies, research partnerships, and housing technology. The agreement provides no funding under this heading for the EnVision Center Demonstration. The agreement encourages the Department to continue using ZIP Code-level data when calculating the most impacted and distressed areas in the community development block grant-- disaster recovery program. Fair Housing and Equal Opportunity FAIR HOUSING ACTIVITIES The agreement provides $65,300,000 for fair housing activities, of which $39,600,000 is for the Fair Housing Initiatives Program (FHIP), $23,900,000 is for the Fair Housing Assistance Program, $1,500,000 is for the National Fair Housing Training Academy, and $300,000 is for translated materials. Of the funds available for FHIP, not less than $7,450,000 is available for education and outreach programs. Office of Lead Hazard Control and Healthy Homes LEAD HAZARD REDUCTION The agreement provides $230,000,000 for lead hazard control and healthy homes programs. Of the amount provided, $45,000,000 is available for the healthy homes initiative. The agreement consolidates HUD's two lead hazard reduction funding programs into a single grant program and directs HUD to award not less than $95,000,000 to those jurisdictions with the highest lead-based paint abatement needs. This consolidation will establish a single source of funding for lead hazard reduction grants with a single set of application criteria, which will ease administrative burdens on both the applicants and the Department. Information Technology Fund The agreement provides $267,000,000 for the Information Technology Fund, of which $250,000,000 is available until September 30, 2019, and $17,000,000 is available until September 30, 2020. The agreement does not include additional funding for the development, modernization, and enhancement of the next generation management system. Instead, the agreement includes $7,000,000 for cyber security improvements and $10,000,000 for disaster grant management. Office of Inspector General The agreement provides $128,082,000 for the salaries and expenses of the Office of Inspector General. The agreement does not limit funding for the hiring of any additional personnel. General Provisions--Department of Housing and Urban Development (INCLUDING TRANSFER OF FUNDS) (INCLUDING RESCISSION) Section 201 splits overpayments evenly between the Treasury and State Housing Finance Agencies. Section 202 prohibits funds from being used to investigate or prosecute lawful activities under the Fair Housing Act. Section 203 requires any grant or cooperative agreement to be made on a competitive basis, unless otherwise provided, in accordance with Section 102 of the Department of Housing and Urban Development Reform Act of 1989. Section 204 relates to the availability of funds for services and facilities for GSEs and others subject to the Government Corporation Control Act and the Housing Act of 1950. Section 205 prohibits the use of funds in excess of the budget estimates, unless provided otherwise. Section 206 relates to the expenditure of funds for corporations and agencies subject to the Government Corporation Control Act. Section 207 requires the Secretary to provide quarterly reports on uncommitted, unobligated, recaptured, and excess funds in each departmental program and activity. Section 208 requires the Administration's budget and HUD's budget justifications for fiscal year 2019 to be submitted in the identical account and sub-account structure provided in this Act. Section 209 exempts GNMA from certain requirements of the Federal Credit Reform Act of 1990. Section 210 authorizes HUD to transfer debt and use agreements from an obsolete project to a viable project, provided that no additional costs are incurred and other conditions are met. Section 211 sets forth requirements for Section 8 voucher assistance eligibility and includes consideration for persons with disabilities. Section 212 distributes Native American Housing Block Grants to the same Native Alaskan recipients as in fiscal year 2005. Section 213 authorizes the Secretary to insure mortgages under Section 255 of the National Housing Act. Section 214 instructs HUD on managing and disposing of any multifamily property that is owned or held by HUD. Section 215 allows the Section 108 loan guarantee program to guarantee notes or other obligations issued by any State on behalf of non-entitlement communities in the State. Section 216 allows PHAs that own and operate 400 or fewer units of public housing to be exempt from asset management requirements. Section 217 restricts the Secretary from imposing any requirements or guidelines relating to asset management that restrict or limit the use of capital funds for central office costs, up to the limit established in QHWRA. Section 218 requires that no employee of the Department shall be designated as an allotment holder unless the CFO determines that such employee has received certain training. Section 219 requires the Secretary to publish all notices of funding availability that are competitively awarded on the internet for fiscal year 2018. Section 220 requires attorney fees for programmatic litigation to be paid from the individual program office and Office of General Counsel salaries and expenses appropriations, and requires the Department to submit a spend plan to the House and Senate Committees on Appropriations. Section 221 allows the Secretary to transfer up to 10 percent of funds or $5,000,000, whichever is less, appropriated under the headings ``Administrative Support Offices'' or ``Program Office Salaries and Expenses'' to any other office funded under such headings. Section 222 requires HUD to take certain actions against owners receiving rental subsidies that do not maintain safe properties. Section 223 places a salary and bonus limit on public housing agency officials and employees. Section 224 authorizes HUD to obligate balances previously made available under the heading ``Choice Neighborhoods Initiative'' until September 30, 2018. Section 225 requires the Secretary to notify the House and Senate Committees on Appropriations at least 3 full business days before grant awards are announced. Section 226 prohibits funds to be used to require or enforce the Physical Needs Assessment (PNA). Section 227 prohibits funds for HUD financing of mortgages for properties that have been subject to eminent domain. Section 228 prohibits the use of funds to terminate the status of a unit of general local government as a metropolitan city with respect to grants under section 106 of the Housing and Community Development Act of 1974. Section 229 allows funding for research, evaluation, and statistical purposes that is unexpended at the time of completion of the contract, grant, or cooperative agreement to be reobligated for additional research. Section 230 prohibits funds to be used for financial awards for employees subject to administrative discipline in fiscal years 2017 or 2018. Section 231 authorizes the Secretary on a limited basis to use funds available under the ``Homeless Assistance Grants'' heading to participate in the multiagency Performance Partnership Pilots program. Section 232 allows program income as an eligible match for 2015, 2016, 2017, and 2018 Continuum of Care funds. Section 233 permits HUD to provide one year transition grants under the continuum of care program with no more than 50 percent of the grant provided for costs of eligible activities of the program component originally funded. Section 234 prohibits the use of funds to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled, ``Affirmatively Furthering Fair Housing'' or the notice entitled, ``Affirmatively Furthering Fair Housing Assessment Tool''. Section 235 prohibits section 218(g) of the Cranston- Gonzalez National Affordable Housing Act from applying with respect to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019, or 2020. Section 236 extends the mark to market program to October 1, 2022. Section 237 modifies the Rental Assistance Demonstration included in Public Law 112-55. Section 238 prohibits funds from being used to interfere with State and local inspections of public housing units. Section 239 maintains current Promise Zone designations and agreements. Section 240 repeals a duplicative provision providing Section 8 voucher flexibility. TITLE III--RELATED AGENCIES Access Board SALARIES AND EXPENSES The agreement provides $8,190,000 for salaries and expenses. [[Page H2882]] Federal Maritime Commission SALARIES AND EXPENSES The agreement provides $27,490,000 for salaries and expenses, of which not more than $2,000 is available for official reception and representation expenses. Of the funds provided, not less than $480,931 is available for the Office of Inspector General. National Railroad Passenger Corporation Office of the Inspector General SALARIES AND EXPENSES The agreement provides $23,274,000. National Transportation Safety Board SALARIES AND EXPENSES The agreement provides $110,400,000. Neighborhood Reinvestment Corporation PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION The agreement provides $140,000,000, of which $5,000,000 shall be for a multi-family rental housing program. The Neighborhood Reinvestment Corporation is directed to provide at least 3-day advance notice to the House and Senate Committees on Appropriations prior to the announcement of any grant exceeding $50,000 that is awarded to a Neighborhood Reinvestment Corporation network organization. Surface Transportation Board SALARIES AND EXPENSES The agreement provides $37,100,000 for salaries and expenses. The agreement permits the collection of up to $1,250,000 in user fees to be credited to that appropriation and provides that the general fund appropriation be reduced on a dollar-for-dollar basis by the actual amount collected in user fees to result in a final appropriation from the general fund estimated at no more than $35,850,000. United States Interagency Council on Homelessness OPERATING EXPENSES The agreement provides $3,600,000 and extends the authorization of the agency until October 1, 2020. The agreement does not direct USICH to comply with certain performance requirements included in Senate Report 115-138 for its fiscal year 2019 budget submission. However, the agreement does not discourage USICH from developing such performance goals and metrics in order to measure its progress in accomplishing its mission. TITLE IV GENERAL PROVISIONS--THIS ACT (INCLUDING RESCISSIONS) Section 401 prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings. Section 402 prohibits the obligation of funds beyond the current fiscal year and the transfer of funds to other appropriations, unless expressly provided. Section 403 limits consulting service expenditures through procurement contracts to those contracts contained in the public record, except where otherwise provided under existing law. Section 404 prohibits funds from being used for certain types of employee training. Section 405 specifies requirements for the reprogramming of funds and requires agencies to submit a report in order to establish the baseline for the application of reprogramming and transfer authorities. Section 406 provides that not to exceed fifty percent of unobligated balances for salaries and expenses may remain available until September 30, 2019, for each account for the purposes authorized, subject to the approval of the House and Senate Committees on Appropriations. Section 407 prohibits the use of funds for any project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Section 408 prohibits funds from being transferred to any department, agency, or instrumentality of the U.S. Government, except where transfer authority is provided in this or any other appropriations Act. Section 409 prohibits funds from being used to permanently replace an employee intent on returning to his or her past occupation following completion of military service. Section 410 prohibits funds from being used by an entity unless the expenditure is in compliance with the Buy American Act. Section 411 prohibits funds from being made available to any person or entity that has been convicted of violating the Buy American Act. Section 412 prohibits funds from being used for first-class airline accommodations in contravention of sections 301- 10.122 and 301-10.123 of title 41 CFR. Section 413 prohibits funds from being used for the approval of a new foreign air carrier permit or exemption application if that approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. Section 414 restricts the number of employees that agencies may send to international conferences unless such attendance is important to the national interest. Section 415 caps the amount of fees the Surface Transportation Board can charge or collect for rate or practice complaints filed at the amount authorized for district court civil suit filing fees. Section 416 prohibits the use of funds to purchase or lease new light-duty vehicles for any executive fleet or fleet inventory, except in accordance with Presidential Memorandum- Federal Fleet Performance, dated May 24, 2011. Section 417 rescinds all unobligated balances, including recaptures and carryover, from various salaries and expenses accounts. Section 418 prohibits funds from being used to maintain or establish computer networks unless such networks block the viewing, downloading, or exchange of pornography. Section 419 prohibits funds from being used to deny an Inspector General timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities, or to prevent or impede that Inspector General's access to such records, documents, or other materials. Section 420 requires the FAA to permit intermittent large cargo air carriers to land in remote areas using a mix of available meteorological weather reports, in place of National Weather Service forecast reports where they do not provide weather coverage. Section 421 allows states to utilize CMAQ funds for operating assistance on certain State-supported Amtrak routes without a time limitation. [[Page H2883]] [GRAPHIC] [TIFF OMITTED] TH220318.631 [[Page H2884]] [GRAPHIC] [TIFF OMITTED] TH220318.632 [[Page H2885]] [GRAPHIC] [TIFF OMITTED] TH220318.633 [[Page H2886]] [GRAPHIC] [TIFF OMITTED] TH220318.634 [[Page H2887]] [GRAPHIC] [TIFF OMITTED] TH220318.635 [[Page H2888]] [GRAPHIC] [TIFF OMITTED] TH220318.636 [[Page H2889]] [GRAPHIC] [TIFF OMITTED] TH220318.637 [[Page H2890]] [GRAPHIC] [TIFF OMITTED] TH220318.638 [[Page H2891]] [GRAPHIC] [TIFF OMITTED] TH220318.639 [[Page H2892]] [GRAPHIC] [TIFF OMITTED] TH220318.640 [[Page H2893]] [GRAPHIC] [TIFF OMITTED] TH220318.641 [[Page H2894]] [GRAPHIC] [TIFF OMITTED] TH220318.642 [[Page H2895]] [GRAPHIC] [TIFF OMITTED] TH220318.643 [[Page H2896]] [GRAPHIC] [TIFF OMITTED] TH220318.644 [[Page H2897]] [GRAPHIC] [TIFF OMITTED] TH220318.645 [[Page H2898]] [GRAPHIC] [TIFF OMITTED] TH220318.646 [[Page H2899]] [GRAPHIC] [TIFF OMITTED] TH220318.647 [[Page H2900]] [GRAPHIC] [TIFF OMITTED] TH220318.648 [[Page H2901]] [GRAPHIC] [TIFF OMITTED] TH220318.649 [[Page H2902/3044]] DIVISION S TITLE I EXPLANATORY STATEMENT It is the intent of Congress that any rule promulgated by the Attorney General for purposes of establishing the criteria for use by designated entities in making a determination of fitness described in subsection (b)(4) comply with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq), including special consideration of the U.S. Equal Employment Opportunity Commission's (EEOC) Enforcement Guidance (April 25, 2012) on the Use of Criminal Background Checks. This language shall have no effect on or direction implied to any other Division of this Act or on any part of the Joint Explanatory Statement. Any effect of this language shall be limited strictly to the Division and title noted in the header.