[Congressional Record Volume 161, Number 184 (Thursday, December 17, 2015)]
[House]
[Pages H10161-H10470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H10161]]
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House of Representatives
EXPLANATORY STATEMENT SUBMITTED BY MR. ROGERS OF KENTUCKY, CHAIRMAN OF
THE HOUSE COMMITTEE ON APPROPRIATIONS REGARDING HOUSE AMENDMENT NO. 1
TO THE SENATE AMENDMENT ON H.R. 2029--Continued
CONSOLIDATED APPROPRIATIONS ACT, 2016
____
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016
Funding provided in this Act not only sustains existing
programs that protect the nation from all manner of threats,
it ensures the ability of the Department of Homeland Security
(DHS) to address evolving challenges like those witnessed in
recent events around the world. To that end, additional
resources have been identified to improve preparedness at the
state and local levels, to prevent and respond to terrorist
attacks, and to hire, train, and equip DHS frontline forces
protecting the homeland.
The following is an explanation of the effects of Division
F, which makes appropriations for DHS for fiscal year 2016.
Unless otherwise noted, references to the House and Senate
reports are to House Report 114-215 and Senate Report 114-68,
respectively. The language and allocations contained in the
House and Senate reports warrant full compliance and carry
the same weight as language included in this explanatory
statement, unless specifically addressed to the contrary in
the bill or this explanatory statement. While repeating some
language from the House or Senate report for emphasis, this
explanatory statement does not intend to negate the language
referred to above unless expressly provided herein. When this
explanatory statement refers to the Committees or the
Committees on Appropriations, this reference is to the House
Appropriations Subcommittee on Homeland Security and the
Senate Appropriations Subcommittee on the Department of
Homeland Security. It is assumed that any cost of living
adjustment for federal employees directed by the President
for fiscal year 2016 will be funded from within the amounts
provided in this Act.NOTICE
If the 114th Congress, 1st Session, adjourns sine die on or before
December 24, 2015, a final issue of the Congressional Record for
the 114th Congress, 1st Session, will be published on Thursday,
December 31, 2015, to permit Members to insert statements.
All material for insertion must be signed by the Member and
delivered to the respective offices of the Official Reporters of
Debates (Room HT-59 or S-123 of the Capitol), Monday through
Friday, between the hours of 10:00 a.m. and 3:00 p.m. through
Wednesday, December 30. The final issue will be dated Thursday,
December 31, 2015, and will be delivered on Monday, January 4,
2016.
None of the material printed in the final issue of the
Congressional Record may contain subject matter, or relate to any
event, that occurred after the sine die date.
Senators' statements should also be formatted according to the
instructions at http://webster.senate.gov/secretary/Departments/
Reporters_Debates/resources/cong_record.pdf, and submitted
electronically, either on a disk to accompany the signed statement,
or by e-mail to the Official Reporters of Debates at
``[email protected]''.
Members of the House of Representatives' statements may also be
submitted electronically by e-mail, to accompany the signed
statement, and formatted according to the instructions for the
Extensions of Remarks template at
https://housenet.house.gov/legislative/research-and-reference/
transcripts-and-records/electronic-congressional-record-inserts.
The Official Reporters will transmit to GPO the template formatted
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Members of Congress desiring to purchase reprints of material
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Government Publishing Office, on 512-0224, between the hours of
8:00 a.m. and 4:00 p.m. daily.
By order of the Joint Committee on Printing.
GREGG HARPER, Chairman.
[[Page H10162]]
This explanatory statement refers to certain laws and
organizations as follows: the Implementing Recommendations of
the 9/11 Commission Act of 2007, Public Law 110-53, is
referenced as the 9/11 Act; the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, Public Law 93-288, is
referenced as the Stafford Act; the Department of Homeland
Security is referenced as DHS or the Department; the
Government Accountability Office is referenced as GAO; and
the Office of Inspector General of the Department of Homeland
Security is referenced as OIG. In addition, ``full-time
equivalents'' are referred to as FTE; ``full-time positions''
are referred to as FTP; ``Information Technology'' is
referred to as IT; the DHS ``Working Capital Fund'' is
referred to as WCF; ``program, project, and activity'' is
referred to as PPA; and any reference to ``the Secretary''
should be interpreted to mean the Secretary of the Department
of Homeland Security.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex to this explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
A total of $137,466,000 is provided for the Office of the
Secretary and Executive Management (OSEM), including not more
than $45,000 for official reception and representation
expenses. The House report directive to cap expenses for the
Office of Policy's Visa Waiver Program is no longer required.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................. $8,932,000 $8,922,000
Immediate Office of the Deputy Secretary...................... 1,758,000 1,748,000
Office of the Chief of Staff.................................. 2,716,000 2,696,000
Executive Secretary........................................... 5,640,000 5,601,000
Office of Policy.............................................. 39,339,000 39,077,000
Office of Public Affairs...................................... 5,510,000 5,472,000
Office of Legislative Affairs................................. 5,405,000 5,363,000
Office of Partnership and Engagement.......................... 10,025,000 13,074,000
Office of General Counsel..................................... 19,625,000 19,472,000
Office for Civil Rights and Civil Liberties................... 20,954,000 21,800,000
Citizenship and Immigration Services Ombudsman................ 6,312,000 6,272,000
Privacy Officer............................................... 8,031,000 7,969,000
-------------------------------------------------
Total, Office of the Secretary and Executive Management... $134,247,000 $137,466,000
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary Excessive Use of Administrative Leave
In October 2014, GAO issued report GAO-15-79, which
highlighted federal agencies' excessive use of paid
administrative leave related to personnel matters such as
discipline, fitness for duty, and security clearances.
Following that report, DHS released statistics showing 109
employees had been on paid administrative leave for more than
one year during the period of fiscal years 2011 through 2015.
Since the report, DHS issued a new policy to address the
problem, including requiring reporting and executive approval
at certain thresholds. The Department shall update the
Committees monthly on its statistics regarding the use of
paid administrative leave for all periods beyond one month.
DHS is expected to ensure that due process required by law is
provided to all employees, including timely investigation and
resolution of allegations and issues.
Joint Requirements Council
With regard to direction in the House and Senate reports,
the Department shall provide quarterly briefings, beginning
not later than January 30, 2016, on results achieved through
the Joint Requirements Council (JRC) to improve and leverage
joint requirements across DHS components.
Integrated Product Teams and Technology Assessments
The Department lacks a mechanism for capturing and
understanding research and development (R&D) activities
conducted across DHS, as well as coordinating R&D to reflect
departmental priorities. As part of the Unity of Effort
initiative and in order to address the above concerns, DHS is
establishing Integrated Product Teams (IPTs) to assist the
Science and Technology Directorate (S&T) with requirements
gathering, validation, and alignment of budgetary resources.
IPTs, comprised of personnel from across DHS, will be tasked
with identifying and prioritizing technological capability
gaps and coordinating departmental R&D to close those gaps.
The overall IPT effort will be led by the Under Secretary for
S&T, but individual IPTs will be led by senior
representatives from the operational components, and will
have representation from the JRC Portfolio Teams and S&T.
S&T will also play a critical role in helping DHS-wide
acquisition programs by conducting independent technical
assessments of acquisitions, including participation in
developmental test and evaluation activities, to ensure DHS
acquisitions effectively fill identified capability gaps. S&T
is directed to brief the Committees not later than January
15, 2016, on the results of the first IPTs and technology
assessments.
Southern Border and Approaches Campaign
The Southern Border and Approaches Campaign is the first
concerted effort at DHS to leverage the Department's assets
and capabilities in a unified manner to achieve specific
goals through the creation of Joint Task Forces (JTFs). At
the same time, the campaign is still in its nascent phase,
and has yet to document significant results from the JTFs.
The Department shall brief the Committees quarterly on
campaign metrics, the activities of the JTFs, and the cost,
including personnel, of operating them.
Wildlife Trafficking
Not later than 120 days after the date of enactment of this
Act, the Secretary is directed to update the report required
by Senate Report 113-198 regarding DHS activities related to
wildlife trafficking and the illegal natural resources trade.
Universal Complaint System
In lieu of the Senate reporting requirement, DHS is
reminded of the fiscal year 2015 reporting requirement on a
universal complaint system and shall brief the Committees
expeditiously on this overdue report.
Support of State Police Crime Labs
The Department of Homeland Security's enforcement,
investigation, and security agencies lead many of the federal
government's counter-narcotics and law enforcement efforts.
The collective work of U.S. Customs and Border Protection
(CBP), U.S. Immigration and Customs Enforcement (ICE), the
Coast Guard, and the United States Secret Service includes
investigations and operations in communities large and small
across our nation. As a result, the Department often works
closely with and shares capabilities among state, local,
tribal, and foreign law enforcement agencies, including state
police crime labs. These labs provide the Department with a
number of critical capabilities, including fingerprint, drug,
and cell phone analysis. Likewise, agencies of the Department
provide many of the same services to state, local, tribal,
and foreign law enforcement agencies.
Coordination among federal and state law enforcement
agencies not only ensures efficient use of resources, it also
improves public safety outcomes. To that end, the Department
should continue to work with state crime labs where
available, particularly in areas not served by DHS labs or
other similar federal facilities. The Department should also
continue to provide whatever assistance appropriate to state
police crime labs to ensure federal requirements do not
burden state resources. Moreover, for areas where the
Department frequently relies on state crime labs, additional
support may be appropriate to prevent the accumulation of
backlogs that can slow federal and state investigations. DHS
shall report annually on its use of and partnerships with
state crime labs, including the funds associated with such
partnerships, and should fully reimburse state crime labs it
uses.
Responding to Emergent Threats from Violent Extremism
A general provision in title V of this Act provides
$50,000,000 for emergent threats from violent extremism and
from complex, coordinated terrorist attacks, and allows the
Secretary to transfer such funds between appropriations after
notifying the Committees 15 days in advance. Within these
funds, not more than $10,000,000 is for a countering violent
extremism (CVE) initiative to help states and local
communities prepare for, prevent, and respond to emergent
threats from violent extremism; not less than $39,000,000 is
for an initiative to help states and local governments
prepare for, prevent, and respond to complex, coordinated
terrorist attacks with the potential for mass casualties and
infrastructure damage; and not less than $1,000,000 shall be
for expanding or enhancing the Joint Counterterrorism
Awareness Workshop Series, which brings together federal,
state, and local governments, and the private sector to help
regions improve their counterterrorism preparedness posture,
including the ability to address the threat of complex
terrorist attacks.
All funds under the CVE initiative shall be provided on a
competitive basis directly to states, local governments,
tribal governments, nonprofit organizations, or institutions
of higher education. Eligible activities for the CVE
initiative shall include, but not be limited to, planning,
developing, implementing, or expanding educational outreach,
community engagement, social service programs, training, and
exercises, as well as other activities as the Secretary
determines appropriate. Existing programs should be utilized
wherever practical. Eligible activities for the initiative
related to complex coordinated terrorist attacks shall
include, but
[[Page H10163]]
not be limited to, planning, training and exercises to
support plans, and other activities the Secretary determines
appropriate, consistent with this statement.
Not later than 45 days after the date of enactment of this
Act, the Department shall brief the Committees on plans for
execution of the initiatives, to include timelines, goals,
metrics, and how the Whole of Community will be included.
Office of Policy
Political Travel
The House directive to report on travel by political
employees is no longer required.
Immigration Statistics
The Office of Policy is directed to continue developing and
overseeing the implementation of a plan to collect, analyze,
and report appropriate data on the Department's immigration
enforcement activities. The plan should include steps to
ensure the completeness and accuracy of data on the full
scope of immigration enforcement activities, from encounter
to final disposition, including the use of prosecutorial
discretion. All data necessary to support a better picture of
this lifecycle and the Department's effectiveness in
enforcing immigration laws shall be considered and
prioritized, including appropriate data collected by the
Executive Office for Immigration Review at the Department of
Justice and the Office of Refugee Resettlement at the
Department of Health and Human Services. The plan should
result in a consistent set of outcome-based metrics related
to immigration enforcement, beyond only apprehensions and
removals, which can be regularly and publicly released. Not
later than 90 days after the date of enactment of this Act,
the Office of Policy, with all the relevant components, is
directed to brief the Committees on this plan and a schedule
for implementation. The Department is also directed to brief
the Committees quarterly on progress in implementing the
plan.
Border Security Metrics
The Office of Policy is directed to coordinate with
relevant components to finalize metrics that inform an
outcome-based approach to border security performance
management and domain awareness. These metrics shall
contribute to more analytically-sound decision making across
the Department, including decisions on resource allocations
and mission management; measuring the flow and level of
illegal entry of people and goods, delineated by threat
level; and utilizing all situational awareness capabilities
to form a measured operational picture. Specific metrics
shall include but not be limited to those detailed in the
House report, as well as survey and historical data, and be
assessed against operations and strategic requirements for
improving border and pathway awareness. DHS shall brief the
Committees on this initiative not later than 90 days after
the date of enactment of this Act.
REAL ID
As stated in the Senate report, the Department should
continue efforts to implement the REAL ID program, and to use
the law's extension provision, which gives the Secretary
discretion to grant states additional time to meet the
required minimum standards if the state provides adequate
justification for noncompliance and plans for implementing
unmet requirements. States should have the opportunity to
consider and debate methods of compliance consistent with
their individual values and traditions, without sanction.
Office of Partnership and Engagement
A total of $13,074,000 is provided for the Office of
Partnership and Engagement, which includes an increase of
$3,108,000 for the Office for Community Partnerships (OCP).
OCP, created to support the mission of countering violent
extremism and to build community partnerships necessary to
support CVE efforts, is directed to provide a detailed
description of department-wide CVE programs and initiatives
not later than 60 days after the date of enactment of this
Act, as detailed in the House report.
Office of the Under Secretary for Management
A total of $196,810,000 is provided for the Office of the
Under Secretary for Management (USM). Of this amount, $2,000
is for official reception and representation expenses, and
$7,778,000 is for the Human Resources Information Technology
program. The bill includes $215,679,000 for the Department's
headquarters consolidation at St. Elizabeths, including funds
for reconfiguring space in the Munro Building to accommodate
other DHS components. As directed in the bill, DHS is to
submit a plan of expenditure for these funds to the
Committees not later than 90 days after the date of enactment
of this Act.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management........ $3,411,000 $3,393,000
Office of the Chief Security Officer.......................... 66,538,000 69,120,000
Office of the Chief Procurement Officer....................... 58,989,000 60,630,000
-------------------------------------------------
Subtotal.............................................. 128,938,000 133,143,000
Office of the Chief Human Capital Officer:
Salaries and Expenses..................................... 24,390,000 24,198,000
Human Resources Information Technology.................... 9,578,000 7,778,000
-------------------------------------------------
Subtotal.............................................. 33,968,000 31,976,000
Office of the Chief Readiness Support Officer:
Salaries and Expenses..................................... 27,350,000 27,235,000
Nebraska Avenue Complex................................... 2,931,000 4,456,000
-------------------------------------------------
Subtotal.............................................. 30,281,000 31,691,000
-------------------------------------------------
Total, Office of the Under Secretary for $193,187,000 $196,810,000
Management.......................................
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Comprehensive Acquisition Status Report
As directed by the Senate, the Comprehensive Acquisition
Status Report (CASR) shall be submitted with justification
documents accompanying the President's budget proposal for
fiscal year 2017, and shall meet the requirements delineated
in House Report 112-331. In accordance with the House report,
programs shall be displayed by appropriation and PPA.
Guidance in the House report requiring the USM, who also
serves as the DHS Chief Acquisition Officer, to brief the
Committees on Level 1, 2, and 3 programs is modified to
require briefings on only Level 1, Level 2, and special
interest projects within 30 days of delivery of the CASR.
Component Acquisition Executives are directed to brief the
Committees on Level 3 projects within 30 days of delivery of
the CASR.
Office of Program Accountability and Risk Management
In lieu of direction in the House report, the Executive
Director of the Office of Program Accountability and Risk
Management (PARM) shall brief the Committees on every major
acquisition program by component on a quarterly basis,
beginning not later than April 15, 2016.
Interoperable Communications
For years, the Department has known of serious gaps in its
interoperable communications capabilities as a result of OIG
reports in November 2012 and May 2015, as well as its own
internal assessments and direction from Congress. However,
DHS has made little progress in addressing those concerns,
allowing proposed changes to policies, plans, and governance
to languish in bureaucratic review processes. Therefore, the
USM is directed to brief the Committees within 90 days after
the date of enactment of this Act on the plan and timeline to
remedy the operational communications shortfalls with
existing communications capabilities. The briefing shall also
specifically address how the Department will manage joint
communications requirements and procurements to ensure
interoperability across the components is sustained.
Weapons and Ammunition
The Department shall adhere to statutory weapons and
ammunition reporting requirements made permanent in Public
Laws 113-76 and 114-4.
Personnel and Hiring Challenges
The Department continues to struggle to achieve hiring
targets and manage attrition, particularly for law
enforcement positions. Consistent with direction in both the
House and Senate reports, the USM shall complete an analysis
of the root causes for DHS's lengthy hiring processes, and
utilize its results to develop a corrective action plan to
reduce the number of days it takes to hire personnel at each
component. Concurrent with this effort, each DHS component,
in coordination with the USM, shall develop hiring metrics.
In lieu of reporting requirements in the House report, the
USM shall provide an update on the corrective action plan and
initial hiring metrics to the Committees beginning on January
15, 2016, and provide updated metrics on a monthly basis
thereafter until further notice. This requirement is in
addition to quarterly execution data discussed under the
heading of Office of the Chief Financial Officer (OCFO).
Further, as directed in the House report, the Chief Financial
Officer (CFO) shall conduct a department-wide force structure
analysis to inform component-level staffing and budget
requirements not later than the fiscal year 2019 budget
request.
Office of the Chief Security Officer
A total of $69,120,000 is provided for the Office of the
Chief Security Officer. The amount includes an increase of
$2,000,000 for Continuous Evaluation, which monitors an
individual's continued eligibility to access classified
information or to hold a sensitive position, and $4,456,000
to address security enhancements at the Nebraska Avenue
Complex. In lieu of funds included in the House
[[Page H10164]]
and Senate bills for security at the St. Elizabeths campus,
$3,376,000 is moved to the Headquarters Consolidation
appropriation in title V for mission support related to
security services performed by the Federal Protective
Service.
Office of the Chief Procurement Officer
A total of $60,630,000 is made available for the Office of
the Chief Procurement Officer, including an increase of
$2,000,000 for critical personnel needed by PARM.
Office of the Chief Human Capital Officer
A total of $31,976,000 is provided for the Office of the
Chief Human Capital Officer (OCHCO). Of the funds provided,
$2,500,000 is for the CyberSkills Initiative, and $2,500,000
is to increase assistance to DHS components in managing and
improving their hiring processes, including not more than
$350,000 for the DHS Leader Development Program.
Office of the Chief Financial Officer
A total of $56,420,000 is provided for OCFO, of which
$3,000,000 shall be used to improve financial management
processes and cost estimation capabilities. A general
provision included in title V of this Act appropriates
$52,977,000 for Financial Systems Modernization (FSM)
activities, enabling the Secretary to allocate resources
across the Department according to the FSM program execution
plan. By not later than the fiscal year 2018 budget
submission, OCFO is directed to deploy across the Department
a cost estimating tool that enables each component to
accurately calculate the costs of its employees.
Common Appropriations Structure
Currently, DHS receives funding through nearly 70
appropriations organized into more than 100 PPAs. The
Department has asserted that its Unity of Effort initiative
could be strengthened with a more congruent budget structure
based on common appropriations categories across components
and a reduced overall number of appropriations and PPAs. A
general provision proposed in the House bill authorizing DHS
to submit the fiscal year 2017 budget request using a common
appropriations account structure is included but modified in
title V of this Act.
Pursuant to this general provision and in lieu of direction
in the House report requiring a Financial Management
Regulation, OCFO is directed to enhance the existing
Financial Management Policy Manual to reflect the new
appropriations structure, and to strengthen department-wide
rules for and oversight of financial management policies,
procedures, internal controls, financial systems, and
activities necessary to develop budget requests and prepare
for audits. Although a thorough and complete update to the
manual will take time, OCFO is encouraged to complete the
effort by February 2017, so that the fiscal year 2019 budget
process is shaped by its rules and its improved planning,
programming, budgeting, and execution processes. In addition,
OCFO is strongly encouraged to establish a professional
development program for DHS-wide financial management and
budget formulation staff. Such a program should provide
training on financial management policies and processes as
well as support the Department in maintaining capable budget
analysts and financial managers. OCFO shall provide periodic
progress updates on both of these efforts at the request of
the Committees.
Annual Budget Justification Materials
DHS materials and exhibits that justify the President's
budget request are woefully inadequate and undermine the
ability of the Committees to conduct routine analysis and
oversight of the cost drivers and assumptions underlying the
budget request. For fiscal year 2017 and future budget
submissions, the CFO shall present budget justification
material in a format that adheres to the directives in the
Senate report. Justification tables shall compare prior year
actual appropriations and obligations, estimates of current
year appropriations and obligations, and the projected budget
year appropriations and obligations for all PPAs,
subprograms, and FTE, as directed in the House report.
Justification material for investment items shall be
presented in the format directed in the House report.
Any significant new activity that has not been explicitly
justified to Congress or for which funds have not been
provided in appropriations Acts requires the submission of a
reprogramming or transfer request during a fiscal year.
Component Obligation Plans
Obligation plans from each DHS component shall be provided
to the Committees within 45 days of the date of enactment of
this Act, with updates provided not later than 30 days after
the end of each quarter. The CFO shall develop a template for
these plans that utilizes comparisons of actual prior year
obligations with actual current year-to-date and planned
current year obligations by PPA. Using this format, the data
in the plans shall include: 1) below-threshold
reprogrammings, above-threshold reprogrammings, transfers,
and any proposed allocation of undistributed appropriations
made available in title V of this Act; 2) carryover from the
prior year and planned carryover into future years; 3) the
actual number of FTE compared to enacted levels by month or
pay period along with end of year projections; 4) the actual
amount obligated for FTE compared to enacted levels by month
or pay period along with end of year projections; 5) the
actual number of FTP compared to budget assumptions by month
or pay period, along with end of year projections; 6) a
summary chart by PPA showing hiring and payroll projections
for the fiscal year, to include both numbers of FTE and
associated salary and benefit amounts, as well as planned
contract conversions, hiring surges, or other factors that
may contribute to uncertainty and lead to revised estimates;
and 7) program schedules and major milestones for all major
expenditures, including specific technologies and contract
service support.
For multi-year appropriations, the template shall also
include the status of each appropriation by source year,
including anticipated unobligated balances at the close of
the fiscal year and the planned obligation of carryover in
future years, by quarter, until all funds are obligated.
Although this requirement is intended to cover all components
and accounts in a standard manner, the Coast Guard, CBP, and
other components may have additional requirements related to
investment activities as specified by component in this
statement. For fiscal year 2017 and future years, obligation
plans should be connected to the budget justification
materials, indicating all changes from requested amounts to
enacted appropriations to actual obligations.
Office of the Chief Information Officer
A total of $309,976,000 is provided for the Office of the
Chief Information Officer (OCIO), of which $200,019,000 is
available until September 30, 2017.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses......................................... $105,307,000 $109,957,000
Information Technology Services............................... 106,270,000 91,000,000
Infrastructure and Security Activities........................ 54,087,000 54,087,000
Homeland Secure Data Network.................................. 54,932,000 54,932,000
-------------------------------------------------
Total, Office of the Chief Information Officer............ $320,596,000 $309,976,000
----------------------------------------------------------------------------------------------------------------
In lieu of House and Senate report language, up to
$10,000,000 of the amount for Salaries and Expenses may be
used for Digital Services. The amount provided for
Information Technology Services shall be used to support
requested initiatives, including the DHS Data Framework,
Single Sign-on, security initiatives, the Federal Risk and
Authorization Management Program, the Trusted Tester Program,
and the Infrastructure Transformation Program.
DHS Cybersecurity Posture
A general provision in title V of this Act provides
$100,000,000 to safeguard and enhance DHS IT systems and
improve cybersecurity capabilities. This funding is in
addition to base funding made available to the CIO and the
components, and is intended to help the Department more
quickly address known vulnerabilities and technology gaps
through enhancements to the DHS network and perimeter
security, better access controls, stronger authentication,
equipment upgrades, data loss and theft prevention, and
incident response and assessments, among other cybersecurity
priorities. Given the Department's role through the National
Protection and Programs Directorate (NPPD) for protection of
the ``.gov'' environment, DHS must lead government agencies
in protecting its own data and systems. Therefore, the CIO
shall utilize a risk-based approach, using threat
intelligence, to optimize the Department's cybersecurity
investments and operations. The CIO shall brief the
Committees not later than 45 days after the date of enactment
of this Act on cybersecurity spending across the Department,
the obligation plan associated with this appropriation, and
the metrics by which the Department's progress in improving
its cybersecurity posture will be measured.
Analysis and Operations
A total of $264,714,000 is provided for Analysis and
Operations, of which $111,021,000 shall remain available
until September 30, 2017. The funds provided reflect the
realignment of $135,000 to the Office for Community
Partnerships under OSEM. Other funding details are included
within the classified annex to this explanatory statement.
Office of Inspector General
A total of $161,488,000 is provided for the OIG, including
$137,488,000 in direct appropriations and $24,000,000
transferred from the Federal Emergency Management Agency
(FEMA) Disaster Relief Fund (DRF) for audits and
investigations related to the DRF. Recognizing that the OIG
has failed to hire the enacted workforce level over the past
few years, the increase provided in this Act above the fiscal
year 2015 appropriation level is sufficient to support a
robust and capable
[[Page H10165]]
workforce and provide resources for the requested initiatives
outlined in the fiscal year 2016 request.
Big Data
The Department, led by the CIO, is developing a strategy
for big data to help guide the efforts components have
undertaken to more effectively utilize data in support of
analytic activities and decision-making. The OIG is directed
to review the strategy, inventory component investments in
this area, develop recommendations to ensure these
investments are coordinated and effective, and update the
Committees on its findings not later than 270 days after the
date of enactment of this Act.
Protective Mission Panel
Within 30 days after the date of enactment of this Act, the
OIG is directed to conduct a review of the status of the
Secret Service's response to the United States Secret Service
Protective Mission Panel recommendations, including but not
limited to: concurrence with Panel recommendations and
subsequent action or implementation; non-concurrence with
Panel recommendations and the associated rationale; and any
related organizational changes executed after the Panel
released its findings.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
A total of $8,628,902,000 is provided for Salaries and
Expenses. For the last several years, CBP has failed to hire
to the enacted workforce level, resulting in tens of millions
of dollars appropriated for personnel compensation and
benefits being diverted to unbudgeted activities. Therefore,
the President's budget request is decreased by $298,969,000
to fund a realistic and achievable number of FTE. Of the
total, $30,000,000 is made available as two-year funds to
provide the flexibility necessary to improve retention and
hiring of law enforcement officers and Border Patrol agents.
Further, $30,000,000 carried over from fiscal year 2015
should be used for the same activities.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Headquarters, Management, and Administration:
Commissioner.............................................. $30,950,000 $30,139,000
Chief Counsel............................................. 49,786,000 48,239,000
Congressional Affairs..................................... 2,978,000 2,444,000
Internal Affairs.......................................... 170,024,000 165,223,000
Public Affairs............................................ 14,464,000 14,644,000
Training and Development.................................. 80,466,000 73,939,000
Technology, Innovation, and Acquisition................... 29,658,000 24,933,000
Intelligence/Investigative Liaison........................ 78,402,000 72,038,000
Administration............................................ 420,238,000 381,369,000
Rent...................................................... 629,046,000 629,046,000
-------------------------------------------------
Subtotal, Headquarters, Management, and Administration 1,506,012,000 1,442,014,000
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of 3,077,568,000 2,981,606,000
Entry....................................................
Harbor Maintenance Fee Collection (trust fund)............ 3,274,000 3,274,000
International Cargo Screening............................. 69,851,000 59,709,000
Other International Programs.............................. 24,935,000 25,087,000
Customs-Trade Partnership Against Terrorism (C-TPAT)...... 41,420,000 36,593,000
Trusted Traveler Programs................................. 5,811,000 5,811,000
Inspection and Detection Technology Investments........... 209,273,000 209,273,000
National Targeting Center................................. 79,514,000 75,890,000
Training.................................................. 48,714,000 38,258,000
-------------------------------------------------
Subtotal, Border Security Inspections and Trade 3,560,360,000 3,435,501,000
Facilitation.........................................
Border Security and Control between Ports of Entry:
Border Security and Control............................... 3,921,393,000 3,696,450,000
UAC Contingency Fund...................................... 79,000,000 - - -
Training.................................................. 57,505,000 54,937,000
-------------------------------------------------
Subtotal, Border Security and Control between POEs.... 4,057,898,000 3,751,387,000
-------------------------------------------------
Total, Salaries and Expenses...................... $9,124,270,000 $8,628,902,000
----------------------------------------------------------------------------------------------------------------
Headquarters, Management, and Administration
A total of $1,442,014,000 is provided for Headquarters,
Management, and Administration. In addition to reductions for
a realistic hiring profile and prior year carryover that
remains available, a reduction of $17,455,000 is due to
unused separation pay, and an increase of $5,000,000 is
included for the Office of Administration to accelerate the
hiring process. To address personnel shortfalls and hiring,
CBP shall work with the Department to complete a root cause
analysis and develop a corrective action plan, consistent
with direction under title I of this statement. With respect
to CBP, this plan shall identify and utilize incentives,
working with the Office of Personnel Management (OPM), to
improve retention and recruitment in locations along the
northern and southern borders that are challenging to staff,
as well as incentivize personnel to choose those locations.
Moreover, CBP is directed to increase its efforts to recruit
veterans, and to work with the Department of Defense (DoD)
and OPM to facilitate the onboarding of veterans as they
leave military service.
In addition to the briefing and metrics requirements
outlined in title I of this statement, CBP shall brief the
Committees on actions taken and progress made in reducing
hiring timelines and provide staffing numbers, including
gains and losses by pay period, as detailed in the House and
Senate reports, not later than five days after the end of
each fiscal quarter. Additionally, CBP shall brief the
Committees, not later than 180 days after the date of
enactment of this Act, on the Border Patrol staffing
allocation model and how it is utilized to inform resource
allocation decisions at the headquarters and sector levels.
CBP shall continue to work on outcome-based border metrics,
as directed in title I of this statement.
As specified in the House report, CBP is expected to ensure
that ports of entry (POEs) and short-term custody facilities
holding unaccompanied alien children have appropriately
trained staff, and follow all legal requirements and policy
directives for conveying information to unaccompanied alien
children regarding their legal rights. Also as described in
the House report, CBP is directed to provide a briefing to
the Committees on its policies related to compliance with the
Trafficking Victims Protection Reauthorization Act (Public
Law 110-457) and regarding the Juvenile Referral Process. The
briefing should specifically address the status of CBP's
response to the recommendations in GAO-15-421.
CBP and the USM are directed to review the CBP acquisition
process, procedures, and organizational structure and brief
the Committees on the findings not later than 120 days after
the date of enactment of this Act.
CBP is also directed to brief the Committees, within 90
days of the date of enactment of this Act, on a plan to
address staffing needs identified by the Agriculture Resource
Allocation Model.
Within 120 days of the date of enactment of this Act, CBP
is directed to brief the Committees on its efforts to work
with the Texas State Soil and Water Conservation Board; other
federal, state, and local stakeholders; and the Government of
Mexico on efforts to control carrizo cane and other invasive
species along the Rio Grande River that impede CBP's border
security mission. The briefing shall include a description of
related resource requirements and any efforts pertaining to
the approval of new biological control agents.
As directed in both the House and Senate reports, CBP shall
improve its automated measurement and public posting of wait
times at land border crossings, and also incorporate trade
facilitation measures into its public-facing performance
metrics. CBP shall brief the Committees quarterly on these
efforts until an automated wait time solution benefitting
both travelers and commercial traffic is fully deployed.
As directed in both the House and Senate reports, CBP is
expected to continue to improve land border integration by
procuring and implementing the latest, most effective
technologies available to monitor vehicles crossing our
borders.
CBP must ensure that appropriate precautions and processes
are in place to prevent smuggling and ensure officer safety
at the new West Rail Bypass International Bridge between
Brownsville, Texas, and Matamoros, Tamaulipas. Within 90 days
of the date of enactment of this Act, CBP shall brief the
Committees on its screening and inspection procedures at the
West Rail facility; data related to the seizure of contraband
and human smuggling; a plan to improve security,
effectiveness, and efficiency of inspections; and officer
safety measures, including appropriate lighting along railcar
inspection areas.
Counter-network operations activities are funded at the
request level, although some of
[[Page H10166]]
the information system improvements included in the request
have been subsequently funded through a July 2015
reprogramming of funds approved by the Committees. Within 90
days of the date of enactment of this Act, CBP is directed to
brief the Committees on its implementation of the counter-
network strategy, a revised plan for the use of the funding
provided, and its collaboration with ICE in these efforts. As
CBP continues to hire, it is directed to move open positions
previously dedicated to current targeting activities to
positions dedicated to counter-network operations, as
appropriate.
CBP is directed to ensure that independent Capabilities Gap
Analysis Processes and staffing requirement modeling carried
out by individual CBP components are coordinated and
leveraged in a manner that will benefit both the agency's and
the Department's analyses of border security and performance
management, as detailed in title I of this statement.
A provision from the Senate bill is not included related to
Continued Dumping and Subsidy Offset Act (CDSOA) payments.
However, the issue remains a concern because CBP continues to
disburse the majority of proceeds from antidumping claims in
the form of interest to the Treasury, rather than making
payments to injured domestic producers, as prescribed in the
CDSOA. CBP shall work to issue the rulemaking changes
outlined in the Senate report and brief the Committees on its
progress every 60 days until the rulemaking is completed. In
addition, CBP shall make available to the Committees and the
public a reasonably detailed inventory, including
disposition, of single-entry customs bonds received by CBP as
security on entries subject to any antidumping duty orders on
imports of honey, fresh garlic, crawfish tail meat, and
certain preserved mushrooms from October 1, 1998, through
September 30, 2007. The inventory shall include details on
each bond for which summary materials were previously
provided to Congress, including the date of the bond, the
orders against which the bonds were posted, and whether it is
in litigation, pending collection, or not collectible.
According to a recent report from the Centers for Disease
Control and Prevention and the Food and Drug Administration,
heroin overdose deaths nearly doubled between 2011 and 2013,
and continue to climb. Although no single entity or solution
can fully address this complex problem, CBP is instrumental
in stopping the flow of heroin from transnational criminal
organizations before it crosses our borders. CBP is also
playing a role in more directly protecting the public from
drug overdoses through a pilot program at seven POEs through
which naloxone--a medication that can reverse the effects of
heroin overdose and help restore breathing--is administered
to individuals presenting themselves for entry at POEs who
have symptoms of a heroin overdose. Many lives have been
saved by local law enforcement agencies carrying and
administering this important medication, and CBP is
encouraged to continue this pilot program and, based on the
results, to consider expanding it to other POEs.
CBP is directed to provide quarterly briefings for its
major acquisitions using the same format and providing the
same level of information required for Coast Guard major
acquisitions, as described in the House and Senate reports.
The briefings shall be provided concurrently with the
briefings on obligation plans directed in title I of this
statement.
Border Security Inspections and Trade Facilitation
A total of $3,435,501,000 is provided for Border Security
Inspections and Trade Facilitation. In addition to reductions
for a realistic hiring profile and prior year carryover that
remains available, this amount reflects a reduction of
$10,000,000 for unjustified program growth and a reduction
reflecting CBP's full access to Colombia Free Trade Agreement
fee revenue, as authorized by a general provision in title V
of this Act.
The bill provides $19,445,000 for the Electronic Visa
Information Update System, a reduction of $6,200,000 below
the request. This reduction is equivalent to the amount made
available for this system through a reprogramming of funds
approved by the Committees in July 2015.
An additional $86,462,000 is provided for recapitalization
of Non-Intrusive Inspection (NII) equipment, as requested.
CBP is expected to use contracts negotiated by the General
Services Administration (GSA) when possible to accelerate
procurements of NII equipment. CBP shall submit to the
Committees, with the fiscal year 2017 budget request, a
multi-year investment and management plan for inspection and
detection technology that: (1) inventories such equipment by
location, type, age, and date of deployment; (2) outlines
existing equipment acquisition plans by type, number,
schedule, and total cost of operations and maintenance; and
(3) forecasts a recapitalization plan supported by a current
acquisition program baseline (APB). The APB shall: (a) align
the acquisition of each technology to mission requirements;
(b) define the life-cycle costs for each technology; (c)
detail an equipment decommissioning schedule; and (d) compare
actual versus planned obligations. A version of the multi-
year investment and management plan shall be made available
to the public at the same time.
The Senate report contained guidance on efforts to improve
trade enforcement related to single transaction bonds and
collection processes, as well as on timely posting of
information pertaining to antidumping and countervailing
duties. The Senate report also directed CBP, in coordination
with other federal agencies, to advance methods to better
investigate foreign imports suspected of evading or
circumventing antidumping and countervailing duty orders
including, but not limited to, lightweight thermal paper and
seafood. CBP shall adhere to these directives.
In addition to the direction provided in the Senate report,
CBP is urged to levy penalties, as appropriate, for
previously documented violations of the Jones Act; establish
specific timeframes for internal review and actions; continue
working with the Offshore Marine Service Association to
investigate potential violations; and dedicate adequate
resources to vigorously enforce the Jones Acton the Outer
Continental Shelf.
Border Security and Control between Ports of Entry
A total of $3,751,387,000 is provided for Border Security
and Control between POEs. Base resources dedicated to caring
for and transporting unaccompanied alien children have
increased and should be sufficient to meet anticipated needs.
Should there be a surge during fiscal year 2016 requiring
resources beyond those necessary for the family units and the
58,000 unaccompanied alien children assumed in the base
budget request and provided in this Act, CBP shall notify the
Committees and seek a reprogramming or transfer of funds to
address that need.
Per direction in the House report, CBP shall ensure that
its holding facilities are in full compliance with the
Department's Standards to Prevent, Detect, and Respond to
Sexual Abuse and Assault in Confinement Facilities; include
funding estimates for such compliance activities in the
fiscal year 2017 budget justification; report to the
Committees regarding the death of any individual in CBP
custody or following CBP use of force; and report annually on
investigations related to such deaths. Also as described in
the House report, CBP shall brief the Committees, within 60
days of the date of enactment of this Act, on its search and
rescue efforts during the prior fiscal year and, within 30
days after the date of enactment of this Act, on the use of
roving patrol stops and tactical and permanent checkpoints
for immigration enforcement near the border. Lastly, the
Department is expected to repatriate removable individuals in
a manner that ensures their safety, as detailed in the House
report.
AUTOMATION MODERNIZATION
A total of $829,460,000 is provided for Automation
Modernization, including $10,000,000 for revenue
modernization enhancements. For the last several years, CBP
has failed to hire to the enacted workforce level, resulting
in tens of millions of dollars appropriated for personnel
compensation and benefits being diverted to unbudgeted
activities. Therefore, the President's budget request is
decreased by $33,799,000 to fund a realistic and achievable
number of FTE. CBP is expected to continue to dedicate
current base resources, including carryover funding, to
efforts to eliminate the need for cash transactions at POEs
by 2020.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Information Technology........................................ $399,027,000 $363,728,000
Automated Targeting Systems................................... 122,669,000 122,669,000
Automated Commercial Environment/International Trade Data 153,736,000 151,184,000
System (ITDS)................................................
Current Operations Protection and Processing Support (COPPS).. 191,879,000 191,879,000
-------------------------------------------------
Total..................................................... $867,311,000 $829,460,000
----------------------------------------------------------------------------------------------------------------
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
A total of $447,461,000 is provided for Border Security
Fencing, Infrastructure, and Technology (BSFIT). The amount
includes an additional $19,000,000 for Development and
Deployment for one additional Integrated Fixed Tower (IFT)
location; $25,000,000 for necessary repairs to border fencing
and border roads; $10,000,000 for additional maritime radars;
and $20,000,000 for relocatable tower surveillance systems.
CBP plans to fully fund one additional IFT and fully fund the
cost for continued DoD-repurposed aerostat coverage in the
Rio Grande Valley and areas of Arizona during fiscal year
2016 using prior year unobligated funds, reducing the need
for the House bill's proposed increases for these activities.
In lieu of the weekly notifications
[[Page H10167]]
required in the House report, CBP shall provide monthly
notifications to the Committees on procurement actions
related to all BSFIT technology investments until all initial
contract awards have been completed.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Operations and Maintenance.................................... $273,931,000 $273,931,000
Development and Deployment.................................... 99,530,000 173,530,000
-------------------------------------------------
Total..................................................... $373,461,000 $447,461,000
----------------------------------------------------------------------------------------------------------------
DoD Reuse
As directed in the Senate report, CBP shall continue to
analyze the application of unused DoD equipment to its border
security mission and deploy available equipment to the extent
practicable.
AIR AND MARINE OPERATIONS
A total of $802,298,000 is provided for Air and Marine
Operations. The President's budget request for Salaries and
Expenses is decreased by $5,824,000 to fund a realistic and
achievable number of FTE.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses......................................... $306,253,000 $300,429,000
Operations and Maintenance.................................... 395,169,000 409,969,000
Procurement................................................... 46,000,000 91,900,000
-------------------------------------------------
Total..................................................... $747,422,000 $802,298,000
----------------------------------------------------------------------------------------------------------------
The amount provided for the Operations and Maintenance PPA
is increased by $1,800,000 for enhancements to the Air and
Marine Operations Center (AMOC) and for continuity of
operations requirements; $2,000,000 for Vehicle and Dismount
Exploitation Radar operations; $2,500,000 for P-3 aircraft
maintenance; $4,500,000 for patrol aircraft mission upgrades;
and $4,000,000 for unmanned aerial system (UAS) ground
control stations and power systems. In addition, the
Procurement PPA is increased by $10,300,000 for aircraft
sensors; $11,000,000 for a replacement UAS; $5,000,000 for
mission systems software and computers; $8,000,000 for UAS
radars; $2,300,000 for fixed-wing and rotary-wing radars;
$6,000,000 for AMOC building upgrades; and $5,600,000 for
improved communications capabilities. As requested,
$44,000,000 is provided for procurement of two Multirole-
Enforcement Aircraft.
Effective Use of Air Assets
Congress has consistently supported air and marine
operations essential to border security, and has routinely
appropriated above the requested amount for procurement and
operation of airframes, sensors, and cameras. These assets
are critical to enhancing situational awareness and
communications capabilities necessary to transmit data
collected for both strategic planning and operational
response. Making the most efficient use of these resources,
however, requires more than relating resource hours to
interdictions, which has historically been used as a measure
for success.
The Office of Air and Marine (OAM) reports that it is
working to develop agency-wide performance measures to more
optimally integrate air assets and sensors in a way that
improves both operational and strategic awareness. This
process must be based on identifying relevant key measures to
inform future acquisition decisions and operational tasking
and must be determined in coordination with the JTFs and
OAM's customers. Such measures should include, at a minimum:
operational cost per resource hour; resource hours per
mission type; and resource availability rate. These key
measures identify performance gaps and help leaders steer
resource hours to meet the agency's targeted performance
outcomes.
Once relevant performance measures are found to be valid
and reliable, OAM must effectively measure its resource
performance, compare this performance to baseline targets,
and then explain how resources were managed to satisfy
mission needs, including minimizing fuel costs and maximizing
mission availability. These measurements should inform
strategic planning at OAM, and the resulting plan shall be
briefed to the Committees within 90 days of the date of
enactment of this Act.
UAS Pilots
The bill provides the additional funding requested for UAS
pilots, crew, and training. Within 60 days of the date of
enactment of this Act, CBP shall provide the Committees a
report on UAS pilots and training requirements, as detailed
in the Senate report.
CONSTRUCTION AND FACILITIES MANAGEMENT
A total of $340,128,000 is provided for Construction and
Facilities Management. For the last several years, CBP has
failed to hire to the enacted workforce level, resulting in
tens of millions of dollars appropriated for personnel
compensation and benefits being diverted to unbudgeted
activities. Therefore, the President's budget request for
Program Oversight and Management is decreased by $1,415,000
to fund a realistic and achievable number of FTE.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Facilities Construction and Sustainment....................... $255,378,000 $255,378,000
Program Oversight and Management.............................. 86,165,000 84,750,000
-------------------------------------------------
Total..................................................... $341,543,000 $340,128,000
----------------------------------------------------------------------------------------------------------------
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
A total of $5,779,041,000 is provided for Salaries and
Expenses. For the last several years, ICE has failed to
manage attrition and new hiring to meet its targeted
workforce level, resulting in tens of millions of dollars
appropriated for personnel compensation and benefits being
diverted to unbudgeted activities elsewhere in the
Department. Based on updated estimates from ICE, this
agreement appropriates funding for a realistic and achievable
number of FTE. Of the total amount provided, $100,000,000 is
withheld pending a mid-year review of the agency's hiring
progress. ICE is directed to brief the Committees on its
obligation plans, as specified under title I of this
statement.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services, and Other $195,950,000 $190,880,000
Costs....................................................
Headquarters Managed IT Investment........................ 146,046,000 148,957,000
-------------------------------------------------
Subtotal, Headquarters Management and Administration.. 341,996,000 339,837,000
Legal Proceedings............................................. 248,096,000 239,894,000
Investigations:
Domestic Investigations................................... 1,766,654,000 1,761,829,000
International Investigations:
International Operations.............................. 107,931,000 107,210,000
Visa Security Program................................. 30,749,000 32,561,000
-------------------------------------------------
Subtotal, International Investigations............ 138,680,000 139,771,000
-------------------------------------------------
Subtotal, Investigations.......................... 1,905,334,000 1,901,600,000
Intelligence.................................................. 80,041,000 79,768,000
Enforcement and Removal Operations:
Custody Operations........................................ 2,406,744,000 2,316,744,000
Fugitive Operations....................................... 129,438,000 156,572,000
Criminal Alien Program.................................... 320,267,000 317,177,000
Alternatives to Detention................................. 122,481,000 114,275,000
Transportation and Removal Program........................ 324,152,000 313,174,000
[[Page H10168]]
UAC Contingency Fund...................................... 8,000,000 - - -
-------------------------------------------------
Subtotal, Enforcement and Removal Operations.......... 3,311,082,000 3,217,942,000
-------------------------------------------------
Total, Salaries and Expenses...................... $5,886,549,000 $5,779,041,000
----------------------------------------------------------------------------------------------------------------
Immigration Enforcement Data
ICE's inability to provide basic, accurate data on
immigration enforcement, including the number of aliens
released from custody, is unacceptable. As directed in title
I of this statement, the Office of Policy shall develop and
implement a plan that results in the complete and accurate
collection and reporting of immigration enforcement data from
encounter through final disposition and including data on the
use of prosecutorial discretion. ICE is directed to improve
its collection of data and coordination with the Office of
Immigration Statistics in support of this requirement.
As ICE has not requested resources to improve its systems,
despite its inability to meet reporting requirements, the
bill includes an additional $3,000,000 for ICE to
operationalize data architecture improvements, including
those recommended as a result of the Immigration Enterprise
Data Management review. Per the Senate report, ICE shall
brief the Committees quarterly on its progress and publish
non-law enforcement sensitive statistics on its website.
Legal Proceedings
A total of $239,894,000 is provided for Legal Proceedings,
including funds to hire additional attorneys in field
offices. The Department is directed to allocate these new
attorneys to field offices in a manner that will expedite the
immigration court docket, and to brief the Committees on the
methodology used to allocate the new staff within 90 days
after the date of enactment of this Act.
Domestic Investigations
A total of $1,761,829,000 is provided for Domestic
Investigations to support investigations in high-priority
mission areas, to include: human trafficking and smuggling;
child exploitation, including the Child Exploitation Unit at
the Cyber Crime Center and Operation Angel Watch; commercial
fraud and intellectual property rights enforcement;
proliferation; gangs; cybercrimes; and terrorism. ICE is
directed to maintain its relationship with the National
Center for Missing and Exploited Children (NCMEC) in regard
to its ongoing support for investigations and other
activities to counter child exploitation.
Of the total amount provided, $10,000,000 is for expanding
overstay enforcement investigations and investigative
support. ICE is expected to target such investigations on
individuals who pose a risk to the community, and shall brief
the Committees on the proposed use of these funds within 60
days after the date of enactment of this Act.
In addition, not less than $10,000,000 is for expanding
investigations into severe forms of human trafficking and
against suspected human traffickers, and $5,000,000 is for
expanding investigations against child exploitation. Finally,
$1,000,000 in dedicated program funding and 1 permanent FTE
are provided for the Human Exploitation Rescue Operative
(HERO) Child-Rescue Corps program. ICE is directed to train
at least two classes of veterans during fiscal year 2016
through the HERO program to support child exploitation
investigations, and to continue efforts to hire HERO
graduates or to help place them with other federal, state, or
local agencies with related missions.
International Investigations
A total of $139,771,000 is provided for International
Investigations. Within the total, an additional $2,000,000 is
provided to annualize the costs of the previously funded
expansion of the Visa Security Program. ICE is directed to
use the risk-based methodologies and enforcement metrics
outlined in the Senate report to continue to plan and budget
for Visa Security Program expansion to at least two high-
threat locations per year in future budget requests.
War Crimes Investigations
Of the amount provided for Salaries and Expenses, not less
than $5,300,000 is for ICE's investigative and legal efforts
to combat crimes against humanity, human rights abuses, and
war crimes.
Intelligence
A total of $79,768,000 is provided for Intelligence. Within
the total, not less than $5,000,000 is included to enhance
investigations of human smuggling and trafficking.
Enforcement and Removal Operations
A total of $3,217,942,000 is provided for Enforcement and
Removal Operations. Base resources dedicated to caring for
and transporting unaccompanied alien children and family
units should be sufficient to meet anticipated needs. Should
there be a surge during fiscal year 2016 requiring resources
beyond those necessary for the family units and the 58,000
unaccompanied alien children included in the base budget
request and provided in this agreement, ICE shall notify the
Committees and seek a reprogramming or transfer of funds to
address that need.
Custody Operations
A total of $2,316,744,000 is provided for Custody
Operations, including funding necessary to maintain the
requested number of detention beds. ICE is directed to brief
the Committees semi-annually on savings realized as a result
of the multi-year funding provided in this and prior
appropriations Acts.
ICE is expected to strengthen its engagement with local law
enforcement officials to detain criminal aliens prior to
their release from local law enforcement custody. To further
that effort, the bill includes a proviso withholding
$5,000,000 from obligation until the Director of ICE briefs
the Committees on the details of ICE's outreach through the
Priority Enforcement Program and the level of participation
in the Program. ICE should particularly focus on criminal
aliens: (1) engaged in or suspected of terrorism or
espionage, or who otherwise pose a danger to national
security; (2) convicted of an offense for which an element
was active participation in a criminal street gang, as
defined in section 521(a) of title 18, United States Code, or
aliens not younger than 16 years of age who intentionally
participated in an organized criminal gang to further the
illegal activity of that gang; or (3) convicted of an
aggravated felony, as defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) at the
time of conviction, and detain them in accordance with the
law and due process until they can be removed.
Fugitive Operations
A total of $156,572,000 is provided for Fugitive
Operations, of which $10,000,000 is for new Mobile Criminal
Alien Teams (MCAT) that will target individuals who pose a
threat to the community, as described in the Senate report.
ICE shall include information on the MCAT program in future
obligation plan briefings.
Criminal Alien Program
A total of $317,177,000 is provided for the Criminal Alien
Program, including full funding to support all 287(g)
memoranda of agreement and $34,500,000 for resources and
full-time law enforcement personnel at the Law Enforcement
Support Center.
Alternatives to Detention
A total of $114,275,000 is provided for the Alternatives to
Detention (ATD) program. This funding, when coupled with
$12,393,000 the agency used to forward fund ATD contracts
with fiscal year 2015 funds, fully addresses the
Administration's plan for 53,000 average daily participants
in ATD in 2016.
AUTOMATION MODERNIZATION
A total of $53,000,000 is provided for Automation
Modernization. ICE shall brief the Committees on the progress
of the Consolidated ICE Financial Solution, as described in
the Senate report, and shall brief the Committees on tactical
communications, as described in the House report.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Automation Modernization...................................... $73,500,000 - - -
Consolidated ICE Financial Solution........................... - - - $5,000,000
TECS Modernization............................................ - - - 21,500,000
IT Refresh.................................................... - - - 4,000,000
Tactical Communications....................................... - - - 18,500,000
ICE Operational Data Store.................................... - - - 4,000,000
-------------------------------------------------
Total, Automation Modernization........................... $73,500,000 $53,000,000
----------------------------------------------------------------------------------------------------------------
Transportation Security Administration
AVIATION SECURITY
A total of $5,719,437,000 is provided for Aviation
Security. In addition to this discretionary appropriation for
Aviation Security, a mandatory appropriation totaling
$250,000,000 is available through the Aviation Security
Capital Fund and $2,130,000,000 from aviation security fees
are credited to this appropriation as offsetting collections,
as authorized. For several years, TSA has been reducing
funding for FTE as it further leverages various expedited
screening programs. Unfortunately, some of those programs did
not provide a commensurate security gain and were
consequently scaled back in the wake of multiple OIG reports
and troublesome findings from covert testing.
[[Page H10169]]
TSA has also struggled in recent years to hire to enacted
levels outside the screener workforce. While the overall
level for Aviation Security is above the President's budget
request, the bill includes targeted reductions totaling
$16,296,000 to reflect this reality.
The table below fully funds TSA's needs to enhance aviation
security, including revised FTE requirements, support for
additional training and revised standard operating
procedures, and additional funding to explore technology
solutions and resolution measures at the checkpoint.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Screening Partnership Program................................. $166,928,000 $166,928,000
Screener Personnel, Compensation, and Benefits................ 2,872,070,000 2,973,839,000
Screener Training and Other................................... 226,551,000 239,025,000
Checkpoint Support............................................ 97,265,000 111,201,000
EDS Procurement/Installation.................................. 83,380,000 82,168,000
Screening Technology Maintenance.............................. 280,509,000 280,509,000
Aviation Regulation and Other Enforcement..................... 349,013,000 337,345,000
Airport Management and Support................................ 596,233,000 597,899,000
Federal Flight Deck Officer and Flight Crew Training.......... 20,095,000 20,758,000
Air Cargo..................................................... 105,978,000 104,689,000
Federal Air Marshals.......................................... 816,745,000 805,076,000
Aviation Security Capital Fund (Mandatory).................... (250,000,000) (250,000,000)
-------------------------------------------------
Total, Aviation Security.................................. $5,614,767,000 $5,719,437,000
----------------------------------------------------------------------------------------------------------------
Tiger Team Recommendations
In June 2015, information was leaked concerning the
classified results of covert testing conducted by the OIG at
TSA checkpoints. While this specific report was focused on
checkpoint security, it was the latest in a string of reports
calling into question the agency's capabilities and
effectiveness related to the use of risk assessment rules,
known traveler programs, checked baggage screening, access
controls, and workforce vetting. The findings not only
renewed concerns regarding TSA's screening procedures and
equipment, but also underscored the need for a comprehensive
assessment of the way TSA performs its aviation security
mission.
The covert testing identified a number of deficiencies in
checkpoint security centered on personnel, processes, and
technology. In response, the Department developed and began
implementation of a 10-point plan to address these findings.
To date, this has included briefing test results to TSA's
Federal Security Directors, retraining the screener
workforce, and reassessing the policies and procedures that
guide that workforce. Checkpoint technology is also being
reexamined not only to study additional solutions and
resolution measures, but to understand how technology
efficacy may change from the controlled laboratory to the
stressful environment of an airport checkpoint.
Given the actions taken by DHS to date and the
acknowledgement by the IG that TSA has begun the process of
critical self-evaluation, the bill provides funding requested
by the Department to address certain gaps, including:
--The retention of 602 FTE to staff checkpoints. These
personnel will support the increased workload resulting from
changes made to TSA screening procedures in response to the
covert testing, and help to keep airport wait times short.
The President's budget proposed to eliminate these FTE.
--The centralized and consistent training of a professional
workforce through the Federal Law Enforcement Training Center
(FLETC). The Administrator has stated that a consistently
trained core curriculum conducted at a centralized location
is critical to a high-performing workforce.
--Platform modifications, IT testing and validation, and
initial operating costs in support of the TSA PreCheck
Application Expansion initiative whereby TSA will leverage
private sector expertise to grow the population of travelers
enrolled in special vetting programs.
--Exploration of new technologies and resolution methods
that may fill gaps identified by the covert testing, as well
as make improvements to existing technology and associated
processes and procedures to better utilize what is currently
available.
TSA is to provide quarterly Tiger Team updates to the
Committees, beginning not later than 30 days after the date
of enactment of this Act. In addition, as a part of the
fiscal year 2016 obligation plan directed in title I of this
statement, TSA shall include specific details on the
increased funding provided to address the covert testing
results.
Screener Personnel, Compensation, and Benefits
A total of $2,973,839,000 is provided for Screener
Personnel, Compensation, and Benefits. This amount supports
the 42,525 FTE requirement identified by TSA to address OIG
findings on aviation security vulnerabilities while
maintaining reasonable wait times.
Screener Training and Other
A total of $239,025,000 is provided for Screener Training
and Other. Within the total, an additional $12,500,000 above
the request is included to begin implementation of improved,
standardized training for Transportation Security Officers,
developed in response to the OIG covert testing findings.
Checkpoint Support
A total of $111,201,000 is provided for Checkpoint Support.
Within the total is an increase of $15,000,000 for technology
initiatives to improve detection capabilities and enhance
passenger screening processes.
Reimbursement Claims for In-Line Baggage Screening Systems
As described in the House and Senate reports, TSA is
directed to develop a process to review and validate
reimbursement claims from airports for in-line baggage
screening systems installed prior to 2008, and to submit a
plan, not later than 60 days after the date of enactment of
this Act, for reimbursement of validated claims.
Aviation Regulation and Other Enforcement
A total of $337,345,000 is provided for Aviation Regulation
and Other Enforcement, including sufficient funds to enable
TSA to continue to certify, train, and equip the additional
canine teams funded in fiscal year 2015.
Federal Flight Deck Officer and Flight Crew Training
A total of $20,758,000 is provided for the Federal Flight
Deck Officer (FFDO) and Flight Crew Training Program. Within
the total is an increase of $1,700,000 to expand FLETC
training capacity for FFDOs, as recommended by the House.
Federal Air Marshal Service
A total of $805,076,000 is provided for the Federal Air
Marshal Service (FAMS). While the threats to aviation
security have evolved since 9/11, it is unclear whether FAMS
has adapted to appropriately address these emerging threats.
TSA should conduct an analysis of FAMS staffing needs and
resource requirements in light of evolving threats and TSA's
risk mitigation strategy to ensure the funds requested for
FAMS match the need.
SURFACE TRANSPORTATION SECURITY
A total of $110,798,000 is provided for Surface
Transportation Security. Within the total is a reduction of
$13,030,000 below the President's budget request to reflect a
realistic and achievable number of FTE.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Staffing and Operations....................................... $28,510,000 $28,148,000
Surface Inspectors and VIPR................................... 95,318,000 82,650,000
-------------------------------------------------
Total, Surface Transportation Security.................... $123,828,000 $110,798,000
----------------------------------------------------------------------------------------------------------------
INTELLIGENCE AND VETTING
A total of $236,693,000 is provided for Intelligence and
Vetting. While the overall level for Intelligence and Vetting
is above the President's budget request, the bill includes
targeted reductions within that amount totaling $10,345,000
to reflect a realistic and achievable number of FTE.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Direct Appropriations:
Intelligence.............................................. $51,977,000 $52,003,000
Secure Flight............................................. 105,637,000 105,651,000
[[Page H10170]]
Other Vetting Programs.................................... 70,084,000 79,039,000
-------------------------------------------------
Subtotal, Direct Appropriations....................... 227,698,000 236,693,000
Fee Collections:
TWIC Fee.................................................. 82,267,000 82,267,000
Hazardous Material Fee.................................... 21,083,000 21,083,000
General Aviation at DCA Fee............................... 400,000 400,000
Commercial Aviation and Airport Fee....................... 6,500,000 6,500,000
Other Security Threat Assessments Fee..................... 50,000 50,000
Air Cargo/Certified Cargo Screening Program Fee........... 3,500,000 3,500,000
TSA Pre-Check Application Program Fee..................... 80,153,000 80,153,000
Alien Flight School Fees.................................. 5,200,000 5,200,000
-------------------------------------------------
Subtotal, Fee Collections............................. 199,153,000 199,153,000
-------------------------------------------------
Total, Intelligence and Vetting................... $426,851,000 $435,846,000
----------------------------------------------------------------------------------------------------------------
Intelligence
A total of $52,003,000 is provided for Intelligence,
including an increase of $1,140,000 to accelerate TSA's plans
to increase intelligence sharing with the field organization
by expanding the Field Intelligence Officer program.
Other Vetting Programs
A total of $79,039,000 is provided for Other Vetting
Programs, including an increase of $11,700,000 for the TSA
PreCheck Application Expansion initiative to broaden
enrollment opportunities and increase the population of
passengers enrolled in special vetting programs. As a part of
the fiscal year 2016 obligation plan directed in title I of
this statement, TSA shall include specific details on the use
of this increase for TSA PreCheck expansion activities.
As described in the House report and in lieu of language in
the Senate bill, TSA is directed to provide semiannual
updates on its expedited passenger screening efforts,
including a strategy to increase the population of passengers
enrolled in special vetting programs and the associated
resource implications.
Due to the continued delays in the Technology
Infrastructure Modernization (TIM) program and projected
personnel under execution, Other Vetting Programs is reduced
by an additional $500,000 below the President's budget
request. As directed in the House and Senate reports, TSA
shall brief the Committees on TIM not later than 15 days
after its review by the DHS Acquisition Review Board.
TRANSPORTATION SECURITY SUPPORT
A total of $924,015,000 is provided for Transportation
Security Support. Within the total is a reduction of
$7,464,000 below the President's budget request to reflect a
realistic and achievable number of FTE.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Headquarters Administration................................... $276,930,000 $273,259,000
Information Technology........................................ 452,385,000 449,160,000
Human Capital Services........................................ 202,164,000 201,596,000
-------------------------------------------------
Total, Transportation Security Support............ $931,479,000 $924,015,000
----------------------------------------------------------------------------------------------------------------
Covert Testing
As directed in the Senate report, TSA shall provide
quarterly briefings on covert testing activities.
Coast Guard
OPERATING EXPENSES
A total of $7,061,490,000 is provided for Operating
Expenses, including $500,002,000 for defense activities, of
which $160,002,000 is designated for overseas contingency
operations (OCO) and the global war on terrorism (GWOT).
Funds provided in support of OCO/GWOT under this heading may
be allocated without regard to section 503 in title V of this
Act. Pending submission of the Capital Investment Plan (CIP)
with the President's fiscal year 2017 budget, the agreement
withholds from obligation $85,000,000 of the appropriation.
Not more than $23,000 is for official reception and
representation expenses.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Military Pay and Allowances................................... $3,466,088,000 $3,488,617,000
Civilian Pay and Benefits..................................... 799,816,000 792,229,000
Training and Recruiting....................................... 205,825,000 206,498,000
Operating Funds and Unit Level Maintenance.................... 1,010,317,000 1,027,780,000
Centrally Managed Accounts.................................... 329,684,000 329,906,000
Intermediate and Depot Level Maintenance...................... 1,009,773,000 1,056,458,000
Overseas Contingency Operations/Global War on Terrorism....... - - - 160,002,000
Tricare (leg. proposal)....................................... 1,000,000 - - -
-------------------------------------------------
Total, Operating Expenses................................. $6,822,503,000 $7,061,490,000
----------------------------------------------------------------------------------------------------------------
Overseas Contingency Operations/Global War on Terrorism Funding
Funding for Coast Guard OCO/GWOT activities is provided
directly through the Operating Expenses appropriation instead
of through a DoD account. The Coast Guard is directed to
brief the Committees not later than 30 days after the date of
enactment of this Act on any changes expected in the funding
requirement for OCO/GWOT activities during fiscal year 2016.
Further, the Coast Guard is directed to include details of
its current and future support to Central Command in the
classified annex of the fiscal year 2017 budget request.
Operational Readiness
The fiscal year 2016 budget request insufficiently
addressed, once again, the critical needs of the Coast Guard.
The final agreement provides funding above the request to
improve readiness and meet operational needs. The
appropriated amount includes the following increases to the
budget request: $41,795,000 to reduce the backlog in critical
depot level maintenance; $8,406,000 to restore operational
hours; $14,000,000 to restore unjustified cuts to military
special pays and bonuses; $2,200,000 to restore a ``Bravo-0''
response capability; and $899,000 to ensure proper personnel
levels at Aids to Navigation sites. The Coast Guard, as part
of the fiscal year 2016 obligation plan directed in title I
of this statement, shall provide the Committees an
expenditure plan for these funds.
Air Facilities
Within the total amount, $12,172,000 is provided to meet
the obligations specified in section 225 of the Howard Coble
Coast Guard and Maritime Transportation Act of 2014
throughout fiscal year 2016.
Bering Sea Coverage
Not later than 60 days after the date of enactment of this
Act, the Commandant is required to submit to Congress a
report on the plans of the Coast Guard to ensure at least one
mission-capable cutter maintains a presence in the Bering Sea
and Arctic Region at all times during the 10-year period
beginning on the date of such submittal, as described in the
Senate report.
Small Boats
Within the total for Operating Expenses, $20,458,000 is
provided for the procurement of small response boats in
fiscal year 2016, an increase of $7,100,000 above the amount
requested. The bill also includes long-standing language to
allow funds from the Operating Expenses appropriation to be
used for the limited purchase or lease of small boats for
contingent and emergent requirements and end-of-service-life
replacements.
Unlike funding for major procurements requested through the
Acquisition, Construction, and Improvements (AC&I)
appropriation, the Coast Guard's annual request for the
Operating Expenses appropriation includes minimal information
about the budget for small boat activities. In order to gain
more clarity on these matters, the Coast Guard shall provide
a briefing to the Committees not later than 30 days after the
date of enactment of this Act detailing planned small boat
purchases, leases, repairs, and service life replacements for
fiscal year 2016. For fiscal year 2017, such information
shall be included in the congressional budget justification
material.
Coast Guard Yard
The Coast Guard Yard located at Curtis Bay, Maryland, has
been a vital part of the
[[Page H10171]]
Coast Guard's readiness and infrastructure for more than 100
years and is recognized as a critical component of the Coast
Guard's core logistics capability that directly supports
fleet readiness. Sufficient industrial work should be
assigned to the Yard to maintain this capability.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
A total of $13,221,000 is provided for Environmental
Compliance and Restoration.
RESERVE TRAINING
A total of $110,614,000 is provided for Reserve Training.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
A total of $1,945,169,000 is provided for AC&I, a
significant increase above the request that reflects the
pressing need for recapitalization of the Coast Guard's shore
infrastructure and its fleets of aircraft and vessels.
Although the Coast Guard continues to communicate publicly
that its fleets are in desperate need of recapitalization,
and many vessels are decades beyond their expected service
life, the budget request failed to adequately address that
requirement. The Department and the Administration are
expected to provide more realistic AC&I budget requests in
the future.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats....................... $9,000,000 $15,000,000
In-Service Vessel Sustainment............................. 68,000,000 68,000,000
National Security Cutter.................................. 91,400,000 743,400,000
Offshore Patrol Cutter.................................... 18,500,000 89,000,000
Fast Response Cutter...................................... 340,000,000 340,000,000
Cutter Boats.............................................. 3,000,000 3,000,000
Polar Ice Breaking Vessel................................. 4,000,000 6,000,000
-------------------------------------------------
Subtotal, Vessels..................................... 533,900,000 1,264,400,000
Aircraft:
HC-144 Conversion/Sustainment............................. 3,000,000 3,000,000
HC-27J Conversion/Sustainment............................. 102,000,000 102,000,000
HC-130J Acquisition/Conversion/Sustainment................ 55,000,000 150,000,000
HH-65 Conversion/Sustainment.............................. 40,000,000 40,000,000
-------------------------------------------------
Subtotal, Aircraft.................................... 200,000,000 295,000,000
Other Acquisition Programs:
Program Oversight and Management.......................... 20,000,000 20,000,000
C4ISR..................................................... 36,600,000 36,600,000
CG--Logistics Information Management System............... 8,500,000 8,500,000
-------------------------------------------------
Subtotal, Other Acquisition Programs.................. 65,100,000 65,100,000
Shore Facilities and Aids to Navigation:
Major Construction: Housing; ATON; and Survey & Design.... 41,900,000 124,600,000
Major Acquisition Systems Infrastructure.................. 54,500,000 52,000,000
Minor Shore............................................... 5,000,000 5,000,000
-------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation..... 101,400,000 181,600,000
Military Housing.......................................... - - - 21,000,000
Direct Personnel Costs.................................... 116,869,000 118,069,000
-------------------------------------------------
Total, Acquisition, Construction, and Improvements $1,017,269,000 $1,945,169,000
----------------------------------------------------------------------------------------------------------------
Survey and Design
As detailed in the Senate report, an additional $6,000,000
is included above the request for survey and design work
associated with reactivation of the Polar Sea.
National Security Cutter
A total of $743,400,000 is provided for the National
Security Cutter (NSC) program. The total includes
$640,000,000 for award and production costs associated with a
ninth National Security Cutter, notwithstanding future costs
for post-delivery activities. In addition, $12,000,000 is
included for the necessary top-side engineering design work
to support the deployment of small UAS equipment on NSCs.
Offshore Patrol Cutter
A total of $89,000,000 is provided for the Offshore Patrol
Cutter (OPC) program. Within that amount, $70,500,000 is
included to exercise the option for Detail Design and
commence Phase II of the OPC acquisition.
Fast Response Cutter
A total of $340,000,000 is provided for the Fast Response
Cutter program. This amount is for the acquisition of six
cutters.
Polar Icebreaker
The growth of global commerce, scientific research,
tourism, and other activity in the Arctic region requires a
multi-mission icebreaker to sustain a U.S. presence, maintain
domain awareness, and furnish critical search and rescue
capabilities. Unfortunately, the Coast Guard's current fleet
of heavy icebreakers is not adequate to meet this expanding
mission. Although the Administration has now proposed
accelerating the acquisition of the first replacement heavy
icebreaker, the funding proposed for the Coast Guard's
icebreaker program in fiscal year 2016 inadequately supports
this plan. In addition, the Capital Investment Plan, which
informs Congress about planned future asset acquisitions,
projected funding levels, and program timelines, is devoid of
any useful detail. In order for the Coast Guard to address
this requirement in the coming year and preclude falling
further behind, an additional $3,200,000 above the request is
provided to accelerate the acquisition of the next
icebreaker.
Full Funding Policy
The Administration policy requiring the Coast Guard to
attain appropriations for the total acquisition cost for a
vessel, including long lead time materials, production costs,
and post-production costs, before a production contract can
be awarded has the potential to create shipbuilding
inefficiencies, force delays in the obligation of production
funds, and require post-production funds far in advance of
when they will be used. The Administration is expected to
give the Coast Guard the flexibility to acquire vessels,
including the OPC, in the most efficient manner within the
guidelines of strict governance measures.
HC-130J Aircraft
An additional $95,000,000 above the request is provided for
one fully missionized HC-130J aircraft.
Rescue 21
Within the total for AC&I, not more than $1,500,000 is
available under Program Oversight Management for the
management of Rescue 21, the Coast Guard's advanced command,
control, and direction-finding communications system, which
locates mariners in distress and saves lives and property at
sea and on navigable rivers. This funding may be used for
project oversight and management, travel, activities
associated with the transition from acquisition to
operations, activities associated with program closeout, and
other activities related to the management of the program.
Details on the planned and actual use of this funding,
including amounts obligated, shall be included in the Coast
Guard's quarterly acquisition briefings.
Shore Facilities
Within the AC&I total, $181,600,000 is for construction of
shore facilities, including $31,000,000 for the relocation of
aviation facilities and $26,000,000 for activities at the
Coast Guard Yard associated with demolition of the floating
dry-dock Oakridge and construction of additional ship
capacity at the Yard. The Coast Guard, as a part of the
fiscal year 2016 obligation plan directed in title I of this
statement, shall provide the Committees an expenditure plan
for these funds.
Military Housing
A total of $21,000,000 is provided for the
recapitalization, improvement, and acquisition of housing to
support military families. The Coast Guard, as a part of the
fiscal year 2016 obligation plan directed in title I of this
statement, shall provide to the Committees an expenditure
plan for these funds.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
A total of $18,019,000 is provided for Research,
Development, Test, and Evaluation.
RETIRED PAY
A total of $1,604,000,000 is provided for Retired Pay. The
Coast Guard's Retired Pay appropriation is a mandatory budget
activity.
United States Secret Service
SALARIES AND EXPENSES
A total of $1,854,526,000 is provided for Salaries and
Expenses. For the last several years, the Secret Service has
failed to hire to the enacted workforce level, resulting in
tens of millions of dollars appropriated for personnel
compensation and benefits being diverted to unbudgeted
activities. Therefore, based on updated estimates from the
Secret Service, the agreement realigns funds among PPAs to
fund FTE in the appropriate PPAs and decreases the
President's budget request by $49,394,000 to fund a realistic
and achievable number of FTE. Increases above the request are
included for the following:
[[Page H10172]]
$4,500,000 for operational training; $15,300,000 for
classified programs; $4,000,000 for the increased requirement
for overtime due to the under execution in hiring personnel;
$3,000,000 for reassignment costs; $12,000,000 for electronic
crimes special agent training program; and $1,600,000 for
electronic security clearance needs.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Protection:
Protection of Persons and Facilities...................... $1,009,246,000 $911,480,000
Protective Intelligence Activities........................ 72,806,000 70,967,000
National Special Security Event Fund...................... 4,500,000 4,500,000
Presidential Candidate Nominee Protection................. 203,687,000 203,687,000
-------------------------------------------------
Subtotal, Protection.................................. 1,290,239,000 1,190,634,000
Investigations:
Domestic Field Operations................................. 291,139,000 336,911,000
International Field Office Administration, Operations and 34,168,000 31,378,000
Training.................................................
Support for Missing and Exploited Children................ - - - 8,366,000
-------------------------------------------------
Subtotal, Investigations.............................. 325,307,000 376,655,000
Headquarters, Management and Administration............... 194,680,000 231,706,000
Rowley Training Center.................................... 56,170,000 54,474,000
Information Integration and Technology Transformation..... 1,057,000 1,057,000
-------------------------------------------------
Total, Salaries and Expenses...................... $1,867,453,000 $1,854,526,000
----------------------------------------------------------------------------------------------------------------
National Special Security Events
As requested, $4,500,000 is provided to defray costs
specific to Secret Service execution of its statutory
responsibilities to direct the planning and coordination of
National Special Security Events (NSSE). A general provision
is included in title V of the Act prohibiting the use of
funds to reimburse any federal department or agency for its
participation in an NSSE. As described in the House report,
the Secret Service is directed to provide periodic updates on
NSSE planned for fiscal year 2016 prior to and following each
event.
Strategic Human Capital Plan and Workforce Staffing Model
In lieu of direction in the House and Senate reports, the
Secret Service shall provide relevant hiring, attrition, and
force structure analysis figures as required in title I of
this statement.
Implementation of the Protective Mission Panel Findings
The bill provides $84,500,000 for enhancements associated with
findings of the United States Secret Service Protective Mission Panel,
including $4,400,000 for the Uniformed Division retention bonus and not
less than $8,200,000, available for two years, for the Crown fence
replacement. Given this large increase in funding, as well as the
complexity and critical nature of these enhancements, the Secret
Service is directed to report on the use of these funds in its
quarterly obligation plans as directed in title I of this statement.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
A total of $79,019,000 is provided for Acquisition,
Construction, Improvements, and Related Expenses, including
$24,282,000 for facilities and $43,737,000 for investments in
Information Integration and Technology Transformation
programs. A total of $11,000,000 is provided for the next
generation limousine.
Facilities
Not later than 60 days after the date of enactment of this
Act, the Secret Service shall provide to the Committees a
revised master plan for the James J. Rowley Training Center,
as described in the Senate report, and a capital
infrastructure investment plan for fiscal year 2016 through
fiscal year 2020, as described in the House report.
Unobligated prior year funding is available to defray the
costs of deferred maintenance.
White House Training Facility
A total of $750,000 is provided to complete a feasibility
study and design plan for the proposed White House Training
Facility. Future funding will be considered after completion
of a full cost estimate by the agency and an independent cost
estimate to be completed by the DHS CFO or a third party.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
A total of $62,132,000 is provided for Management and
Administration of the National Protection and Programs
Directorate (NPPD), which includes funding for current hiring
projections. NPPD is directed to target new hiring to
activities that support its core mission and provide hiring
updates and obligation plans as outlined in title I of this
statement. The total does not include $4,000,000 for support
of the DHS OCHCO CyberSkills Support Initiative as described
in the Senate report, as this requirement is addressed in
title I of this statement.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
A total of $1,291,000,000 is provided for Infrastructure
Protection and Information Security (IPIS), which includes
funding for current hiring projections.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
Infrastructure Analysis and Planning...................... $75,969,000 $75,010,000
Sector Management and Governance.......................... 71,311,000 70,848,000
Regional Field Operations................................. 52,755,000 49,151,000
Infrastructure Security Compliance........................ 94,877,000 78,400,000
-------------------------------------------------
Subtotal, Infrastructure Protection................... 294,912,000 273,409,000
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination............................ 4,318,000 4,434,000
US Computer Emergency Readiness Team (US-CERT) 98,642,000 94,485,000
Operations...........................................
Federal Network Security.............................. 131,202,000 136,055,000
Network Security Deployment........................... 479,760,000 475,822,000
Global Cybersecurity Management....................... 20,321,000 26,702,000
Critical Infrastructure Cyber Protection and Awareness 77,584,000 74,229,000
Business Operations................................... 6,516,000 7,022,000
-------------------------------------------------
Subtotal, Cybersecurity........................... 818,343,000 818,749,000
Communications:
Office of Emergency Communications.................... 33,025,000 34,205,000
Priority Telecommunications Services.................. 63,649,000 63,095,000
Next Generation Networks.............................. 80,102,000 80,384,000
Programs to Study and Enhance Telecommunications...... 10,418,000 10,334,000
Critical Infrastructure Protection Programs........... 11,240,000 10,824,000
-------------------------------------------------
Subtotal, Communications.......................... 198,434,000 198,842,000
-------------------------------------------------
Subtotal, Cybersecurity and Communications................ 1,016,777,000 1,017,591,000
-------------------------------------------------
Total, Infrastructure Protection and Information Security..... $1,311,689,000 $1,291,000,000
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection
A total of $273,409,000 is provided for Infrastructure
Protection. No funding is provided for the requested climate
change assessments.
Of the total provided, $75,010,000 is for Infrastructure
Analysis and Planning (IAP), which includes $18,650,000 for
the National Infrastructure Simulation and Analysis Center
(NISAC) and is available for two years. The $5,657,000
provided above the request for NISAC is for research on high-
risk infrastructure vulnerabilities.
As described in the Senate report, $1,500,000 is provided
above the request for the Office
[[Page H10173]]
of Infrastructure Protection and the Office of Cyber
Infrastructure and Analysis to develop and submit a three-
year strategic plan to guide vulnerability assessments,
analytic assessments, and the Regional Resiliency Assessment
Program. The plan will guide this suite of programs with a
focus on comprehensive assessments of critical lifeline
infrastructure dependencies and interdependencies, assisting
FEMA in risk assessments that support grant allocation
decisions, and enhancing state and local preparedness and
resiliency. Included shall be a set of performance metrics
against which effectiveness can be measured and reported to
Congress on an annual basis.
Of the total provided, $70,848,000 is for Sector Management
and Governance, including $2,000,000 to define agency needs,
identify requirements for community-level critical
infrastructure protection and resiliency, and rapidly
develop, test, and transition to use technologies that
address needs and requirements. An additional $4,219,000
above the request is provided to expedite development of the
IP Gateway, a comprehensive critical infrastructure
information database.
Of the total provided, $49,151,000 is for Regional Field
Operations, including full funding for the National
Infrastructure Coordinating Center.
Of the total provided, $78,400,000 is for Infrastructure
Security Compliance. Due to continued delays in implementing
the final rule on ammonium nitrate, no funds are included for
implementation but $4,500,000 is provided to allow NPPD to
employ additional measures to secure ammonium nitrate and
other IED precursors while continuing the rulemaking process.
Cybersecurity
A total of $818,749,000 is provided for Cybersecurity of
which $94,485,000 is for US-CERT operations. Within the total
amount provided for Cybersecurity are increases above the
request of: $3,705,000 for improvements to reporting under
the Federal Information Security Management Act; $3,460,000
to support the deployment of cyber-engineers to agency
locations to assist in securing high-value IT systems; and
$534,000 for Industrial Control Systems Cyber Emergency
Response Team workforce development.
Of the total provided, $136,055,000 is for Federal Network
Security, of which $98,509,000 is for Continuous Diagnostics
and Mitigation, as requested.
Network Security Deployment is funded at $475,822,000. NPPD
is directed to brief the Committees within 30 days of the
date of enactment of this Act on its plans to address the
recommendations in GAO's comprehensive review of the National
Cybersecurity Protection System (GAO-16-43SU).
A total of $26,702,000 is provided for Global Cybersecurity
Management, of which $1,679,000 is to fund the software
assurance program and $15,810,000 is for cybersecurity
education.
Notification of Cybersecurity Incidents
As stated in the Senate report, NPPD must improve the
process by which it notifies the Committees of cyber-
incidents. NPPD shall develop a systematic process, in
coordination with other potentially impacted departments and
agencies, to notify the Committees of major cybersecurity
incidents, including any event involving another federal
agency.
Cybersecurity Information Coordination
Within 180 days after the date of enactment of this Act,
NPPD is directed to brief the Committees on efforts to
include metrics in the National Cybersecurity and
Communications Integration Center's (NCCIC) programs, as
directed in the Senate report. As part of its fiscal year
2016 obligation plan and fiscal year 2017 budget
justification, NPPD shall provide the actual funding levels
for each PPA for all NCCIC activities.
State and Local Cybersecurity Support
The fiscal year 2016 request proposed to reduce funding for
the Multi-State Information Sharing and Analysis Center (MS-
ISAC). Although the proposed reduction was premised on an
expectation that MS-ISAC's customers would begin sharing
costs of services they receive, the budget request provided
almost no information to justify the proposed reduction. An
additional $500,000 is made available in the Critical
Infrastructure Cyber Protection and Awareness PPA to help
ensure the continuation of current levels of state and local
cybersecurity services and information sharing.As part of its
fiscal year 2016 obligation plan, NPPD shall report the
actual funding level for MS-ISAC including a detailed
justification for that amount. NPPD should also ensure that
budget materials clearly justify the amount being proposed to
support MS-ISAC. NPPD is expected to coordinate with MS-ISAC
and its customers on the rationale and timeline for
establishing the cost-sharing plan.
Cybersecurity Strategy and Planning
As detailed in the Senate report, NPPD is directed to brief
the Committees upon the release of the National Cybersecurity
Review and to utilize the review in developing a strategic
plan on how best to work with state and local leaders on
cybersecurity. The strategic plan should address how federal,
state, and local partners work together, as well as include
an assessment of the role of other stakeholders such as the
National Guard. In addition, NPPD shall brief the Committees
within 90 days after the date of enactment of this Act on the
timeline for updating the National Cyber Incident Response
Plan. The briefing shall include a plan for engaging with
state and local governments and private sector stakeholders
in the development of the framework. In developing both the
strategic plan and the update to the National Cyber Incident
Response Plan, NPPD should consider the role of the MS-ISAC
with regard to outreach to and engagement with state and
local governments.
Communications
A total of $198,842,000 is provided for Communications. Of
the total provided, $34,205,000 is for the Office of
Emergency Communications (OEC), of which $2,000,000 is to
establish a demonstration project to aid in developing the
National Emergency Communications Plan. The demonstration
project shall leverage existing technologies and engage non-
medical professionals to help establish or sustain statewide
medical communications systems and utilize existing
infrastructures to improve the delivery of rural medical
care. OEC shall submit a plan for establishing this
demonstration project to the Committees within 90 days of the
date of enactment of this Act.
In addition, $80,384,000 is provided for Next Generation
Networks, including $26,668,000 to implement priority Voice
over Internet Protocol communication capability.
FEDERAL PROTECTIVE SERVICE
A total of $1,443,449,000 is made available for the Federal
Protective Service (FPS), as requested. This funding is
generated by collections of security fees from federal
agencies based on security services provided by FPS. A
provision is included requiring that a strategic human
capital plan be submitted with the President's fiscal year
2017 budget proposal.
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT
A total of $282,473,000 is provided for the Office of
Biometric Identity Management (OBIM), of which not less than
$65,800,000 is for Increment 1 of the successor system to the
IDENT automated biometric identification system. This funding
is provided with the understanding that current estimates for
follow-on increments include $52,800,000 for Increment 2,
$40,000,000 for Increment 3, and $46,700,000 for Increment 4.
OBIM is directed to find cost savings wherever possible and
brief the Committees on any anticipated cost changes.
The Department has again been entertaining proposals to
transfer OBIM out of NPPD. Discussion of such proposals,
which would require authorization to implement, should not be
allowed to detract from OBIM's focus on carrying out its
important departmental mission.
Office of Health Affairs
A total of $125,369,000 is provided for the Office of
Health Affairs (OHA). Of the total amount, $82,078,000 is for
BioWatch; $10,500,000 is for the National Biosurveillance
Integration Center; $824,000 is for the Chemical Defense
Program; $4,957,000 is for Planning and Coordination; and
$27,010,000 is for Salaries and Expenses.
Biosurveillance Activities
Of the total provided, $1,000,000 is for replacement and
recapitalization of current BioWatch equipment. OHA is
directed to brief the Committees not later than 30 days after
the date of enactment of this Act on its response to the
recent GAO report (GAO-16-99) on the BioWatch program, which
found that DHS lacks reliable information about the current
system's technical capabilities to detect a biological
attack.
Federal Emergency Management Agency
SALARIES AND EXPENSES
A total of $960,754,000 is provided for Salaries and
Expenses. Within the total, not less than: $2,000,000 is for
the Emergency Management Assistance Compact; $2,470,515 is
for the National Hurricane Program; $8,500,000 is for the
National Earthquake Hazards Reduction Program; and $9,100,000
is for the National Dam Safety Program. In lieu of direction
provided in the House and Senate reports, new obligation plan
and budget justification requirements are outlined in title I
of this statement.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Request Final Bill
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices........................... $243,323,000 $236,802,000
Office of National Capital Region Coordination................ (3,422,000) (3,422,000)
Preparedness and Protection................................... 190,928,000 189,581,000
Response...................................................... 168,466,000 174,124,000
Urban Search and Rescue Response System....................... (27,513,000) (35,180,000)
Recovery...................................................... 51,472,000 49,763,000
Mitigation.................................................... 25,753,000 27,957,000
Mission Support............................................... 168,437,000 181,610,000
Centrally Managed Accounts.................................... 100,917,000 100,917,000
-------------------------------------------------
[[Page H10174]]
Total, Salaries and Expenses.............................. $949,296,000 $960,754,000
----------------------------------------------------------------------------------------------------------------
DRS Budgeting
The House report directs FEMA to implement reforms to
budgeting for Disaster Readiness Support (DRS). In lieu of
the direction that the reforms be implemented in the fiscal
year 2017 budget proposal, FEMA shall incorporate as many of
the outlined reforms as possible within the fiscal year 2017
budget proposal and fully implement the reforms with the
submission of the fiscal year 2018 budget proposal. Further,
FEMA is directed to present future budget proposals and
obligation reports, as applicable, in the following PPA and
sub-activity structure for the DRS:
PPA: Cadre Operational Readiness and Deployability
Disaster Employee Staffing
Disaster Training
Disaster Employee Equipping
PPA: Readiness Support Contracts, Supplies Readiness
Support Contracts and Interagency Agreements Stockpiling
(supplies, commodities and temporary housing units)
PPA: Information Technology Support (non-enterprise
disaster IT systems)
PPA: Working Capital Fund (activities directly related to
declared disasters)
Information Technology Modernization and Resiliency
The bill provides $6,200,000 for the Financial Management
System to expedite implementation; $10,000,000 for the Grants
Management Modernization Strategy; $5,917,000 for the IT
Resiliency Review; and $17,000,000 to expedite cybersecurity
measures such as network access control, switches and
routers, installation of equipment, and IT personnel to
address critical emergent needs identified by FEMA. All
projects shall be completed in consultation with the DHS CIO.
Furthermore, details on modernization, security, and
resiliency projects shall be reported to the Committees
consistent with the obligation guidance in title I, and FEMA
shall continue to provide updates on the IT Resiliency
Review, as directed in the Senate report.
Mount Weather Emergency Operations Center
Of the total provided for Salaries and Expenses,
$27,500,000 is for capital improvements to the Mount Weather
Emergency Operations Center. In lieu of direction in the
House report, FEMA shall address the use of these and any
other funds available for Mount Weather Emergency Operations
Center capital projects when FEMA briefs the Committees on
its obligation plans as directed in title I of this
statement.
Capital Infrastructure Investment Plan
As directed in the House report, FEMA shall provide a
capital infrastructure investment plan for fiscal year 2016
through fiscal year 2020.
Ensuring Rail Security
As outlined in the Senate report, NPPD and FEMA shall brief
the Committees on the management of crude oil movements,
including those actions being taken to address gaps in
capabilities at the state and local levels (including through
grant awards), any unmet needs in coordinating with other
departments and agencies, and the unique needs of first
responders.
STATE AND LOCAL PROGRAMS
A total of $1,500,000,000 is provided for State and Local
Programs, to be distributed by PPA as follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
State Homeland Security Grant Program......................... - - - $467,000,000
Operation Stonegarden..................................... - - - (55,000,000)
Urban Area Security Initiative................................ - - - 600,000,000
Nonprofit Security Grants................................. - - - (20,000,000)
Public Transportation Security Assistance and Railroad - - - 100,000,000
Security Assistance..........................................
Amtrak Security........................................... - - - (10,000,000)
Over-the-Road Bus Security................................ - - - (3,000,000)
Port Security Grants.......................................... - - - 100,000,000
Education, Training, and Exercises............................ $168,224,000 233,000,000
-------------------------------------------------
Emergency Management Institute............................ (19,523,000) (20,569,000)
Center for Domestic Preparedness.......................... (62,860,000) (64,991,000)
National Domestic Preparedness Consortium................. (42,000,000) (98,000,000)
National Exercise Program................................. (25,841,000) (19,919,000)
Continuing Training....................................... (18,000,000) (29,521,000)
National Preparedness Grant Program........................... 1,043,200,000 - - -
First Responder Assistance Program:
Emergency Management Performance Grants \1\............... 350,000,000 - - -
Fire Grants \1\........................................... 335,000,000 - - -
Staffing for Adequate Fire and Emergency Response (SAFER) 335,000,000 - - -
Act Grants \1\...........................................
-------------------------------------------------
Total, State and Local Programs....................... $2,231,424,000 $1,500,000,000
----------------------------------------------------------------------------------------------------------------
\1\ Funds for these programs are appropriated in separate accounts.
Provisions are included specifying timeframes for grant
awards, limiting grantee administrative costs to five percent
of the total amount of each grant, permitting the
construction of communication towers under certain
conditions, requiring reports from grantees as necessary, and
permitting the use of certain funds for security buffer zones
at FEMA facilities.
In addition to the items included in the House and Senate
reports related to uses of grant funding, FEMA is encouraged
to consider applications which will enhance physical security
at large venues and for early warning systems, such as for
severe weather, earthquakes, and siren alerts. FEMA is
directed to review eligible grant activities, in conjunction
with the Department of Justice and its grant programs, to
determine how emergent and cross-cutting national security
challenges, such as the heroin epidemic, international
smuggling, and public health threats, can be better addressed
at state and local levels.
Within 180 days after the date of enactment of this Act,
and after consultation with stakeholders, FEMA shall brief
the Committees on the feasibility of expanding eligibility
for non-profit security grants, based on risk, to
organizations located outside of urban areas receiving Urban
Area Security Initiative (UASI) grants.
Urban Area Security Initiative
Consistent with the 9/11 Act, FEMA shall conduct risk
assessments for the 100 most populous metropolitan
statistical areas prior to making UASI grant awards. Because
most of the cumulative national terrorism risk to urban areas
is focused on a relatively small number of cities, it is
expected that UASI funding will be limited to urban areas
representing up to 85 percent of such risk and that resources
will continue to be allocated in proportion to risk.
Education, Training, and Exercises
A total of $233,000,000 is provided for Education,
Training, and Exercises. Within the total, $29,521,000 is for
Continuing Training, including $3,500,000 for rural first
responder training, not less than $2,000,000 for hazardous
materials training, and $18,000,000 for the Center for
Homeland Defense and Security.
FIREFIGHTER ASSISTANCE GRANTS
A total of $690,000,000 is provided for Firefighter
Assistance Grants, including $345,000,000 in grants for
firefighter equipment, protective gear, emergency vehicles,
training and other resources, and $345,000,000 for
firefighter staffing grants.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
A total of $350,000,000 is provided for Emergency
Management Performance Grants.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Statutory language is included providing for the receipt
and expenditure of fees collected, as authorized by Public
Law 105-276.
UNITED STATES FIRE ADMINISTRATION
A total of $44,000,000 is provided for the United States
Fire Administration.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
A total of $7,374,693,000 is provided for the Disaster
Relief Fund (DRF), of which $6,712,953,000 is designated as
being for disaster relief for major disasters pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985. A provision is included
transferring $24,000,000 to the OIG for audits and
investigations related to all disasters.
A general provision is included in title V of this Act
rescinding amounts provided for non-major disaster response
in prior years due to the significant balances carried over
from fiscal year 2015 and amounts recovered from previous
disasters during project closeouts. The remaining balances,
combined with the amount appropriated in this bill, fully
fund all known requirements, to include recovery from
Hurricane Sandy, the Colorado wildfires, the Oklahoma
tornadoes, the South Carolina flooding, and other previous
disasters, as well as estimated costs of response and relief
efforts for future disasters.
[[Page H10175]]
As directed in title I of this statement, FEMA shall
include with the fiscal year 2017 budget justification
materials a detailed justification for all categories funded
with base discretionary funding, including a detailed
obligation plan for the DRS program. Additionally, as
directed in title I, FEMA shall provide briefings on the
obligation of DRS funding.
As directed in the House report, FEMA shall continue the
practice of posting Preliminary Disaster Assessments, Public
Assistance Grants, and mission assignments to the Agency's
website in the same manner as directed in Public Law 114-4.
As noted in the explanatory statement accompanying Public
Law 114-4, FEMA shall continue to implement the appeals
process for improper payments efficiently and pay diligent
attention to overpayments made due to FEMA's error. If the
improper payment cannot be forgiven, FEMA shall work with
individuals based on ability to make the repayment.
FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM
A total of $190,000,000 is provided for Flood Hazard
Mapping and Risk Analysis. With an additional $155,899,000
available for flood mapping activities through the National
Flood Insurance Fund, FEMA's fiscal year 2016 resources for
flood plain mapping total $345,899,000. This amount will
enable FEMA to make significant progress toward its goal of
maintaining 80 percent of its mapping inventory as maps with
new, validated, or updated engineering. As directed in the
Senate report, FEMA shall ensure mapping updates are done in
coordination with ongoing state and local flood mitigation
efforts.
NATIONAL FLOOD INSURANCE FUND
A total of $181,198,000 is provided for the National Flood
Insurance Fund, for which administrative costs shall not
exceed four percent.
NATIONAL PREDISASTER MITIGATION FUND
A total of $100,000,000 is provided for the National
Predisaster Mitigation Fund, to remain available until
expended. FEMA is directed to brief the Committees on the
plan for award and distribution prior to execution of the
funds, ensure projects meet the national need, and focus on
actual hazards and not causation.
EMERGENCY FOOD AND SHELTER
A total of $120,000,000 is provided for the Emergency Food
and Shelter Program (EFSP), of which administrative costs
shall not exceed 3.5 percent. A provision authorizing the
FEMA Administrator to transfer the funding and administrative
responsibility for EFSP to the Department of Housing and
Urban Development (HUD) is not included. While the proposal
to transfer EFSP to HUD has merits, any proposal to transfer
the program in a future budget request must be directly
proposed as part of the HUD budget. Further, in order to
ensure a successful transition, any future transfer proposal
should be premised on outreach to appropriate stakeholders,
including congressional committees of jurisdiction. It is
expected that FEMA and HUD will include a comprehensive
outreach strategy, as well as a full transition plan, as part
of any such proposal in the future.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
E-Verify
A total of $119,671,000 is provided in discretionary
appropriations for E-Verify.
Official Reception and Representation Expenses
No more than $10,000 of the fees collected shall be used
for official reception and representation expenses.
GAO USCIS Review
In Senate Report 113-198, GAO was directed to perform a
review of fraud in the asylum process. Not later than 60 days
after GAO issues the report, the Department is directed to
brief the Committees on actions taken to implement each of
GAO's recommendations. The Department shall provide progress
updates every 60 days thereafter until all of the
recommendations have been implemented for all types of
benefits. In addition, GAO is directed to perform a similarly
scoped review of fraud in the refugee screening process.
E-Verify Usage
As directed in the Senate report, USCIS is to include on
its website, in both graphic and downloadable formats, E-
Verify usage statistics, including basic analytics functions,
not later than 90 days after the date of enactment of this
Act.
Advance Parole
As directed in the Senate report, USCIS is to report not
later than 90 days after the date of enactment of this Act on
the use of advance parole.
Fee Study
As directed in the Senate report, USCIS is to report not
later than 30 days after the date of enactment of this Act on
the results of its fee study.
Change of Address Notification
Under 8 U.S.C. 1305, most non-United States citizens
lawfully present in the United States must report to USCIS,
as a condition of stay, a change of address within 10 days of
moving within the United States or its territories. USCIS is
directed to brief the Committees within 120 days of the date
of enactment of this Act on compliance with this address
change notification requirement, including: how the
requirement is communicated to the affected population; how
many change of address notifications have been submitted each
of the last three fiscal years broken down by visa categories
or status; what actions USCIS or other agencies take in
validating or making use of the address change submissions;
and the number of non-United States citizens since fiscal
year 2012 who have been penalized for failing to update their
address.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
A total of $217,485,000 is provided for Salaries and
Expenses. The amount available for official reception and
representation expenses, $7,180, reflects historic
expenditures for this purpose. FLETC is directed to brief the
Committees quarterly on a plan for the obligation of funds,
as specified under title I of this statement. Within the
funds provided for Law Enforcement Training, $1,303,000 shall
be for the FLETC Accreditation Board, of which $300,000 may
be distributed to federal law enforcement agencies for
expenses incurred participating in training and
accreditation.
Because the fiscal year 2015 DHS Appropriations Act did not
fund a proposed 2,000 new CBP officers, the bill includes a
reduction to the fiscal year 2016 request of $26,406,000
associated with the training of those officers. However, an
increase of $4,750,000 is included to fund an additional 38
FTE for other training requirements.
FLETC shall conduct a review of its workforce benefits, per
direction in the House report, and make any appropriate
legislative recommendations to the Committees, the House
Committee on Oversight and Government Reform, and the Senate
Committee on Homeland Security and Governmental Affairs.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
A total of $27,553,000 is provided for Acquisitions,
Construction, Improvements, and Related Expenses.
Science and Technology
MANAGEMENT AND ADMINISTRATION
A total of $131,531,000 is provided for Management and
Administration.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
A total of $655,407,000 is provided for Research,
Development, Acquisition, and Operations.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Research, Development, and Innovation......................... $434,850,000 $434,850,000
Acquisition and Operations Support............................ 47,102,000 47,102,000
Laboratory Facilities......................................... 133,921,000 133,731,000
University Programs........................................... 31,000,000 39,724,000
-------------------------------------------------
Total, Research, Development, Acquisition, and Operations. $646,873,000 $655,407,000
----------------------------------------------------------------------------------------------------------------
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
A total of $38,109,000 is provided for Management and
Administration.
RESEARCH, DEVELOPMENT, AND OPERATIONS
A total of $196,000,000 is provided for Research,
Development, and Operations.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Systems Engineering and Architecture.......................... $17,000,000 $17,000,000
Systems Development........................................... 22,000,000 22,000,000
Transformational Research and Development..................... 68,000,000 68,000,000
Assessments................................................... 38,000,000 38,000,000
Operations Support............................................ 31,000,000 31,000,000
National Technical Nuclear Forensics Center................... 20,000,000 20,000,000
-------------------------------------------------
[[Page H10176]]
Total, Research, Development, and Operations.............. $196,000,000 $196,000,000
----------------------------------------------------------------------------------------------------------------
Systems Acquisition
The bill provides a total of $113,011,000 for Systems
Acquisition.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Radiological and Nuclear Detection Equipment Acquisition...... $101,011,000 $91,011,000
Securing the Cities........................................... 22,000,000 22,000,000
-------------------------------------------------
Total, Systems Acquisition................................ $123,011,000 $113,011,000
----------------------------------------------------------------------------------------------------------------
Radiological and Nuclear Detection Equipment Acquisition
A total of $91,011,000 is provided for the Radiological and
Nuclear Detection Equipment Acquisition, including
$37,539,000 for the Radiation Portal Monitor Program as
requested.
TITLE V--GENERAL PROVISIONS
Section 501. A provision proposed by the House and Senate
is continued that no part of any appropriation shall remain
available for obligation beyond the current year unless
expressly provided.
Section 502. A provision proposed by the House and Senate
is continued that unexpended balances of prior appropriations
may be merged with new appropriation accounts and used for
the same purpose, subject to reprogramming guidelines.
Section 503. A provision proposed by the House and Senate
is continued and modified that requires 15-day advance
notification for the reprogramming and transfer of funds;
limits authority to reprogram funds within an appropriations
account; and provides authority to transfer up to five
percent out of appropriations accounts. In order to give the
Department flexibility in addressing emerging threats and
challenges, language from prior years limiting the amount of
funds that could be transferred into an appropriation is not
included.
For purposes of reprogramming notifications, ``program,
project, or activity'' is defined as an amount identified in
the detailed funding table located at the end of this
statement or an amount directed for a specific purpose in
this statement. Also for purposes of reprogramming
notifications, the creation of a new program, project, or
activity is defined as any significant new activity that has
not been explicitly justified to the Congress in budget
justification material and for which funds have not been
appropriated by the Congress. For further guidance when
determining which movements of funds are subject to section
503, the Department is reminded to follow GAO's definition of
``program, project, or activity'' as detailed in GAO's A
Glossary of Terms Used in the Federal Budget Process. Within
30 days of the date of enactment of this Act, the Department
shall submit to the Committees a table delineating PPAs
subject to section 503 notification requirements, as defined
in this paragraph.
These reprogramming guidelines shall be complied with by
all agencies funded by this Act. The Department shall submit
reprogramming requests on a timely basis and provide complete
explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the
proposed revisions at the account, program, project, and
activity level to the funding and staffing (full-time
equivalent position) levels for the current fiscal year and
to the levels requested in the President's budget for the
following fiscal year.
The Department shall manage its programs, projects, and
activities within the levels appropriated. The Department
should only submit reprogramming or transfer requests in the
case of an unforeseeable emergency or situation that could
not have been predicted when formulating the budget request
for the current fiscal year. When the Department submits a
reprogramming or transfer request to the Committees and does
not receive identical responses from the House and Senate, it
is the responsibility of the Department to reconcile the
House and Senate differences before proceeding and, if
reconciliation is not possible, to consider the reprogramming
or transfer request not approved.
Unless an initial notification has already been provided,
the Department is not to submit a reprogramming or transfer
request after June 30 except in extraordinary circumstances
that imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the submittal should contain sufficient
documentation as to why it meets this statutory exception.
Section 504. A provision proposed by the House and Senate
is continued and modified that prohibits funds appropriated
or otherwise made available to the Department to make payment
to the Working Capital Fund (WCF), except for activities and
amounts allowed in the President's fiscal year 2016 budget
request. Funds provided to the WCF are available until
expended. The Department can only charge components for
direct usage of the WCF and these funds may be used only for
the purposes consistent with the contributing component. Any
funds paid in advance or reimbursed must reflect the full
cost of each service. The Department shall submit a
notification for the addition or removal of any activity to
the fund and shall submit quarterly execution reports with
activity level detail. A new proviso is included requiring
the Department to identify the source of funds by PPA.
Section 505. A provision proposed by the House and Senate
is continued that not to exceed 50 percent of unobligated
balances remaining at the end of fiscal year 2016 from
appropriations made for salaries and expenses shall remain
available through fiscal year 2017 subject to section 503
reprogramming guidelines.
Section 506. A provision proposed by the House and Senate
is continued that funds for intelligence activities are
deemed to be specifically authorized during fiscal year 2016
until the enactment of an Act authorizing intelligence
activities for fiscal year 2016.
Section 507. A provision proposed by the House and Senate
is continued requiring notification of the Committees three
days before grant allocations, grant awards, contract awards,
other transactional agreements, letters of intent, a task or
delivery order on a multiple contract award totaling
$1,000,000 or more, a task or delivery order greater than
$10,000,000 from multi-year funds, or sole-source grant
awards, are announced by the Department, including contracts
covered by the Federal Acquisition Regulation. The Department
is required to brief the Committees five full business days
prior to announcing the intention to make a grant under State
and Local Programs. Notification shall include a description
of the project or projects to be funded, including city,
county, and state.
Section 508. A provision proposed by the House and Senate
is continued and modified that no agency shall purchase,
construct, or lease additional facilities for Federal law
enforcement training without advance notification to the
Committees.
Section 509. A provision proposed by the House and Senate
is continued that none of the funds may be used for any
construction, repair, alteration, or acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved.
Section 510. A provision proposed by the House and Senate
is continued and modified that includes and consolidates by
reference prior year statutory provisions related to
contracting officer's technical representative training;
sensitive security information; and the use of funds in
conformance with section 303 of the Energy Policy Act of
1992. A modified provision is included to permanently
discontinue certain prior reporting requirements.
Section 511. A provision proposed by the House and Senate
is continued that none of the funds may be used in
contravention of the Buy American Act.
Section 512. A provision proposed by the House and Senate
is continued regarding the oath of allegiance required by
section 337 of the Immigration and Nationality Act.
Section 513. A provision proposed by the House and Senate
is continued and modified requiring the Chief Financial
Officer to submit monthly budget execution and staffing
reports within 30 days after the close of each month.
Section 514. A provision proposed by the House and Senate
is continued directing that any funds appropriated or
transferred to TSA's Aviation Security, Administration, and
Transportation Security Support appropriations in fiscal
years 2004 and 2005 that are recovered or deobligated shall
be available only for procurement and installation of
explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification. Semi-
annual reports must be submitted identifying any funds that
are recovered or deobligated.
Section 515. A provision proposed by the House and Senate
is continued and modified regarding competitive sourcing for
USCIS.
Section 516. A provision proposed by the House and Senate
is continued for fiscal year 2016 requiring that any funds
appropriated to the Coast Guard's 110-123 foot patrol boat
conversion that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation
shall be available
[[Page H10177]]
until expended for the Fast Response Cutter program.
Section 517. A provision proposed by the House and Senate
is continued classifying the functions of the instructor
staff at the Federal Law Enforcement Training Center as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act.
Section 518. A provision proposed by the House and Senate
is continued and modified regarding grants or contracts
awarded by any means other than full and open competition.
The Inspector General is required to review departmental
contracts awarded noncompetitively and report on the results
to the Committees.
Section 519. A provision proposed by the House is continued
that prohibits funding pertaining to the Principal Federal
Official during a Stafford Act declared disaster or
emergency, with certain exceptions. The Senate proposed no
similar provision.
Section 520. A provision proposed by the House is continued
that precludes DHS from using funds in this Act to carry out
reorganization authority. This prohibition is not intended to
prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to section 503 of this Act. This language prevents
large-scale reorganization of the Department, which should be
acted on legislatively by the relevant congressional
committees of jurisdiction. While the Department has
developed plans for a large-scale reorganization of NPPD,
such reorganization has not yet been authorized by Congress
and would be precluded by this language. The Department may
propose minor changes under section 503 of this Act to the
Committees on Appropriations.
Section 521. A new provision is included that prohibits the
creation of a proposed Office of Chemical, Biological,
Radiological, Nuclear, and Explosives Defense without
explicit authorization by Congress, and facilitates funding
realignments related to the creation of the office if so
authorized.
Section 522. A provision proposed by the House and Senate
is continued that prohibits funding to grant an immigration
benefit to any individual unless the results of the
background checks required in statute, to be completed prior
to the grant of the benefit, have been received by DHS.
Section 523. A provision proposed by the House and Senate
is continued extending other transactional authority for DHS
through fiscal year 2016.
Section 524. A provision proposed by the House and Senate
is continued requiring the Secretary to link all contracts
that provide award fees to successful acquisition outcomes.
Section 525. A provision proposed by the House and Senate
is continued and modified regarding waivers of the Jones Act.
Section 526. A provision proposed by the House and Senate
is continued and modified related to prescription drugs.
Section 527. A provision proposed by the Senate is
continued prohibiting funds from being used to reduce the
Coast Guard's Operations Systems Center mission or its
government-employed or contract staff. The House proposed no
similar provision.
Section 528. A provision proposed by the House and Senate
is continued requiring the Secretary, in conjunction with the
Secretary of the Treasury, to notify the Committees of any
proposed transfers from the Department of Treasury Forfeiture
Fund to any agency within DHS. No funds may be obligated
until the Committees approve the proposed transfers.
Section 529. A provision proposed by the House and Senate
is continued prohibiting funds for planning, testing,
piloting, or developing a national identification card.
Section 530. A provision proposed by the Senate is
continued prohibiting funds to be used to conduct or
implement the results of a competition under Office of
Management and Budget Circular A-76 with respect to the Coast
Guard National Vessel Documentation Center. The House
proposed no similar provision.
Section 531. A provision proposed by the House and Senate
is continued directing that any official required by this Act
to report or to certify to the Committees on Appropriations
may not delegate any such authority unless expressly
authorized to do so in this Act.
Section 532. A provision proposed by the House and Senate
is continued prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba into or within the United
States.
Section 533. A provision proposed by the House and Senate
is continued prohibiting funds in this Act to be used for
first-class travel.
Section 534. A provision proposed by the House and Senate
is continued prohibiting funds to be used to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Section 535. A provision proposed by the Senate is
continued prohibiting the Secretary from reducing operations
within the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date
of enactment of this Act. The House proposed no similar
provision.
Section 536. A provision proposed by the House and Senate
is continued prohibiting funds appropriated or otherwise made
available by this Act to pay for award or incentive fees for
contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 537. A provision proposed by the House and Senate
is continued that requires any new processes developed to
screen aviation passengers and crews for transportation or
national security to consider privacy and civil liberties,
consistent with applicable laws, regulations, and guidance.
Section 538. A provision proposed by the House and Senate
is continued and modified that permits the allocation of
USCIS fees for an immigrant integration grants program. The
grants shall be used to provide services to individuals who
have been lawfully admitted into the U.S. for permanent
residence.
Section 539. A provision proposed by the House and the
Senate is included and modified providing a total of
$215,679,000 for the DHS headquarters consolidation at St.
Elizabeths and for related mission support activities, of
which $3,376,000 is additional funding for security services.
As specified in the bill, DHS shall submit an expenditure
plan detailing the allocation of these funds.
Section 540. A provision proposed by the House and Senate
is continued prohibiting funds appropriated or otherwise made
available by this Act for DHS to enter into a federal
contract unless the contract meets requirements of the
Federal Property and Administrative Services Act of 1949 or
chapter 137 of title 10 U.S.C., and the Federal Acquisition
Regulation, unless the contract is otherwise authorized by
statute without regard to this section.
Section 541. A provision proposed by the House and Senate
is included and modified providing $52,977,000 for financial
systems modernization activities, which the Secretary may
transfer between appropriations for the same purpose after
notifying the Committees 15 days in advance. Funding is
available for two years.
Section 542. A new provision is included providing
$100,000,000 for cybersecurity to safeguard and enhance DHS
systems and capabilities, which the Secretary may transfer
between appropriations for the same purpose after notifying
the Committees 15 days in advance.
Section 543. A new provision is included providing
$50,000,000 for emergent threats from violent extremism and
from complex coordinated terrorist attacks, which the
Secretary may transfer between appropriations for the same
purpose after notifying the Committees 15 days in advance.
Section 544. A provision proposed by the House and Senate
is continued and modified providing flexibility to the
Department in responding to an immigration emergency, subject
to notification.
Section 545. A provision proposed by the House and Senate
is continued stating that the Secretary shall ensure
enforcement of all immigration laws.
Section 546. A provision proposed by the House and Senate
is continued requiring DHS computer systems to block
electronic access to pornography, except for law enforcement
purposes.
Section 547. A provision proposed by the House and Senate
is continued regarding the transfer of firearms by Federal
law enforcement personnel.
Section 548. A provision proposed by the House and Senate
is continued prohibiting any funds from this or any other Act
to be used for creation of the National Preparedness Grant
Program or any successor grant programs unless explicitly
authorized by Congress.
Section 549. A provision proposed by the House and Senate
is continued prohibiting funds for the position of Public
Advocate or a successor position within ICE.
Section 550. A provision proposed by the House and Senate
is continued and modified amending Public Law 113-76
regarding reimbursable public-private partnerships and
donation authority related to CBP port of entry operations.
Section 551. A provision proposed by the House and Senate
is continued and modified regarding funding restrictions and
reporting requirements related to conferences occurring
outside of the United States.
Section 552. A provision proposed by the House and Senate
is continued that prohibits funds made available by this Act
to reimburse any federal department or agency for its
participation in a NSSE.
Section 553. A provision proposed by the House and Senate
is continued and modified requiring certification to Congress
for new air preclearance operations.
Section 554. A provision proposed by the House and Senate
is continued prohibiting any funds from this or any other Act
to be used to require airport operators to provide airport-
financed staffing to monitor exit points from the sterile
area of any airport at which TSA provided such monitoring as
of December 1, 2013.
Section 555. A provision proposed by the House is continued
pertaining to the temporary reemployment of administrative
law judges for arbitration dispute resolution. The Senate
proposed no similar provision.
Section 556. A provision proposed by the House and Senate
is continued that clarifies that fees collected pursuant to
the Colombia Free Trade Agreement are available until
expended.
Section 557. A provision proposed by the House and Senate
is continued requiring a notification, including
justification materials, prior to implementing any structural
pay reform that affects more than 100 FTE positions or costs
more than $5,000,000.
Section 558. A provision proposed by the House and Senate
is continued directing the
[[Page H10178]]
Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 559. A provision proposed by the Senate is
continued that prohibits the collection of new land border
fees or the study of the imposition of such fees. The House
proposed no similar provision.
Section 560. A provision proposed by the House is continued
and modified that allows the costs of providing humanitarian
relief to unaccompanied alien children and to alien adults
and their minor children to be an eligible use for certain
Homeland Security grants. The Senate proposed no similar
provision.
Section 561. A provision proposed by the House is included
and modified directing that all DHS acquisition programs meet
established acquisition documentation requirements. The
Senate proposed no similar provision.
Section 562. A provision proposed by the Senate is
continued prohibiting the use of funds for personnel who
prepare or submit appropriations language that assumes
revenue not enacted into law at the time of the budget
submission. The House proposed no similar provision.
Section 563. A provision proposed by the House is included
and modified to allow the DHS fiscal year 2017 budget request
and accompanying justification material to be submitted in a
common appropriation structure. The Senate proposed no
similar provision.
Section 564. A provision proposed by the Senate is included
related to the Arms Trade Treaty. The House proposed no
similar provision.
Section 565. A provision proposed by the House is included
amending 8 U.S.C. 1184(g)(9)(A), related to H-2B visas. The
Senate proposed no similar provision.
Section 566. A new provision is included that allows CBP
access to certain reimbursements for preclearance activities.
Section 567. A provision proposed by the House and Senate
is included and modified rescinding unobligated balances from
specified programs.
Section 568. A provision is included rescinding unobligated
balances made available to the Department when it was created
in 2003.
Section 569. A new provision is included rescinding lapsed
balances made available pursuant to section 505 of this Act.
Section 570. A provision proposed by the House and Senate
is included and modified rescinding specified funds from the
Treasury Forfeiture Fund.
Section 571. A provision proposed by the House and Senate
is included and modified rescinding unobligated balances from
FEMA DRF.
Section 572. A new provision is included extending the
authorization of USCIS' E-Verify Program until September 30,
2016.
Section 573. A new provision is included extending the non-
minister religious worker immigrant authorization until
September 30, 2016.
Section 574. A new provision is included extending until
September 30, 2016, the authority to waive the two-year home-
country physical presence requirement for foreign doctors
with expiring J-1 visas who apply to remain in the United
States and commit to working in medically underserved areas.
Section 575. A new provision is included extending the
Regional Center program within the ``EB-5'' immigrant
investor program authorization until September 30, 2016.
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DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
The following statement is an explanation of the effects of
Division G, which makes appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related
agencies for fiscal year 2016. Report language contained in
House Report 114-170 and Senate Report 114-70 providing
specific guidance to agencies regarding the administration of
appropriated funds and any corresponding reporting
requirements carries the same emphasis as the language
included in this explanatory statement and should be complied
with unless specifically addressed to the contrary herein.
This explanatory statement, while repeating some language for
emphasis, is not intended to negate the language referred to
above unless expressly provided herein.
In cases where the House report, Senate report, or this
explanatory statement directs the submission of a report,
such report is to be submitted to both the House and Senate
Committees on Appropriations. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House Subcommittee on Interior, Environment, and Related
Agencies and the Senate Subcommittee on Interior,
Environment, and Related Agencies.
The Committees direct each department and agency funded in
this Act to follow the directions set forth in this Act and
the accompanying statement, and not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the Committees through the reprogramming process
as described in this explanatory statement. This explanatory
statement addresses only those agencies and accounts for
which there is a need for greater explanation than provided
in the Act itself. Funding levels for appropriations by
account, program, and activity, with comparisons to the
fiscal year 2015 enacted level and the fiscal year 2016
budget request, can be found in the table at the end of this
division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Drought, Forests and Wildfires.--Severe and prolonged
drought can increase the rate at which trees die and
devastating wildfires occur. In light of the number of dead
and downed trees on public lands in the West, the Forest
Service, National Park Service and Bureau of Land Management
are directed to work with State and local governments in
drought-stricken regions to facilitate the prompt removal of
dead and downed trees on these lands and to prioritize
funding to reduce the threat of devastating wildfire threats
to communities, drinking water supplies, utilities, and
groves of ancient trees.
Making Litigation Costs Transparent.--The Department of the
Interior, EPA, and the Forest Service are directed to provide
to the House and Senate Committees on Appropriations, and to
make publicly available no later than 60 days after enactment
of this Act, detailed Equal Access to Justice Act (EAJA) fee
information as specified in the Consolidated and Further
Continuing Appropriations Act, 2015.
State Wildlife Data.--The Department of the Interior and
the Forest Service are expected to prioritize continued
coordination with other Federal agencies and State fish and
wildlife agencies to recognize and fully utilize State fish
and wildlife data and analyses as a primary source to inform
land use, planning, and related natural resource decisions.
Federal agencies should not unnecessarily duplicate raw data,
and when appropriate, should evaluate existing analysis of
data prepared by the States, and reciprocally share data with
State wildlife managers, to ensure that the most complete
data set is available for decision support systems.
Land Grants, Acequias and Community Ditches.--The
Secretaries of the Interior and Agriculture are urged to
recognize the traditional use of State-recognized community
land grants, acequias, and community ditches in the American
Southwest during the land use planning process.
Multi-Agency Transparency.--In order to increase
transparency, the Department of the Interior, Forest Service,
and Environmental Protection Agency are encouraged to
disclose costs associated with analyses required by the
National Environmental Policy Act.
Greater Sage-Grouse.--The agreement provides a total of
$63,250,000 for sage-grouse conservation, including
$60,000,000 for the Bureau of Land Management and $3,250,000
for the Fish and Wildlife Service. The agencies are directed
to focus this funding toward on-the-ground conservation
measures to improve and preserve sage-grouse habitat and the
sagebrush ecosystem. The Bureau is reminded of the concerns
outlined in the House and Senate reports as Congress
continues to hear complaints about the effect of the sage-
grouse land use plan amendments, which are not limited to
activities within Bureau controlled sage-grouse habitat. In
order for the sage-grouse, communities, and States to thrive,
all partners must work in good faith. As such, the Bureau and
the Forest Service are directed to closely work with each of
the 11 States and the affected communities to address the
issues unique to each State and seek to collaboratively
resolve all issues. The Bureau is directed to provide
guidance to its State offices and partners on how it will
update sage-grouse habitat maps, adopt new scientific
information, as appropriate, and engage State, local,
nongovernmental, and private partners.
Land and Water Conservation Fund.--The agreement includes
$450,000,000 derived from the Land and Water Conservation
Fund for programs consistent with chapter 2003 of title 54 of
the United States Code, as identified in the table below.
This one-time increase of $143,859,000 above the fiscal year
2015 enacted level is intended for worthy projects at the
local, State, and Federal levels. The Department of the
Interior and the Forest Service are directed to include a
table in future budget requests, separating State and local
programs from Federal land acquisition, as displayed below.
----------------------------------------------------------------------------------------------------------------
Budget Request
FY 2015 Enacted (Discretionary) This Bill
----------------------------------------------------------------------------------------------------------------
Land and Water Conservation Fund..... $306,141,000 $400,000,000 $450,000,000
State and Local Programs......... 87,503,000 112,147,000 160,800,000
National Park Service State 48,117,000 53,161,000 110,000,000
Assistance..................
Coop. Endangered Species 27,400,000 50,000,000 30,800,000
Conservation Fund...........
American Battlefield 8,986,000 8,986,000 10,000,000
Protection Act..............
Highlands Conservation Act... 3,000,000 0 10,000,000
Forest Legacy Program............ 53,000,000 61,000,000 62,347,000
Federal Land Acquisition......... 165,638,000 226,853,000 226,853,000
Forest Service............... 47,500,000 63,000,000 63,435,000
Fish and Wildlife Service.... 44,535,000 58,500,000 58,500,000
National Park Service........ 41,857,000 55,353,000 53,670,000
Bureau of Land Management.... 19,746,000 38,000,000 38,630,000
Department of the Interior 12,000,000 12,000,000 12,618,000
Valuation Services..........
----------------------------------------------------------------------------------------------------------------
Federal projects are funded in priority order by agency
according to the budget request, with amounts adjusted
downward as necessary due to updated project information and
support. Many of the requested projects lacked sufficient
information for the Committees to determine with a high
degree of confidence that funds appropriated could be
obligated in this fiscal year. Ideally, requested projects
should have: identified properties, willing sellers, updated
appraisals or market information, and the support of Federal,
State, and local officials. Agencies should include the
feasibility of phasing projects as well as a description of
which parcels are being considered for conservation easements
or fee simple acquisition in any supplemental information
sent to the Committees. The agencies are also urged to
increase the transparency of the project selection and
prioritization processes in annual budget requests,
particularly in regard to collaborative landscape projects.
The Department of the Interior did not consult the
Committees on a decision to reprogram $995,000 from one
project to acquire a property in another project identified
in the fiscal year 2016 budget request. Therefore, the
agreement includes a new reprogramming limitation of not to
exceed $1,000,000 or 10 percent from any project, whichever
amount is less, as detailed under the Reprogramming
Guidelines heading later in this statement.
The Committees believe increasing access to public lands
for hunting, fishing, and other recreational activities is
important. This agreement includes new funding for these
activities for the National Park Service and Fish and
Wildlife Service while increasing funds for the Bureau of
Land Management and Forest Service. The Committees expect the
agencies to report within 30 days of enactment of this Act on
how this funding will be spent, and the agencies should
include a description and explanation of the use of funds in
future budget requests. The agencies are also directed to
include in future budget requests a description and
explanation on the use of funds within their inholdings line
items.
Paper Reduction Efforts.--The Committees urge each agency
funded by this Act to work with the Office of Management and
Budget (OMB) to reduce printing and reproduction costs and
direct each agency to report to the Committees within 60 days
of enactment of this Act on what steps have been taken to
achieve this goal. The report should specifically identify
how much money each agency expects to save by implementing
these measures.
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Public Access.--The Department of the Interior and the
Forest Service are directed to notify the House and Senate
Committees on Appropriations in advance of any proposed
project specifically intending to close an area to
recreational shooting, hunting, or fishing on a non-emergency
basis of more than 30 days.
National Ocean Policy.--The President's budget submission
for fiscal year 2017 shall identify by agency and account all
funding and associated actions proposed for the
implementation of the coastal and marine spatial planning and
ecosystem-based management components of the National Ocean
Policy developed under Executive Order 13547.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department
of the Interior, Environment, and Related Agencies
Appropriations Act. The Committees remind the agencies funded
in this Act that these reprogramming guidelines are in
effect, and must be complied with, until such time as the
Committees modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item, or program area, to
another within any appropriation funded in this Act. In cases
where either the House or Senate Committee report displays an
allocation of an appropriation below that level, that more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to
the organization table presented in the budget justification
shall be subject to this requirement.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs or projects, whichever amount is less, with the
following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs and Bureau of Indian Education,
there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than
60 days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants, or up to a cumulative total of
$30,000,000 from carryover balances among the individual
program areas delineated in the Environmental Programs and
Management account. No funds, however, shall be reallocated
from individual Geographic Programs.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees on Appropriations in
the budget justifications and are subsequently approved by
the Committees. The explanation for any assessment in the
budget justification shall show the amount of the assessment,
the activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) The Committees direct that each agency or bureau which
utilizes assessments shall submit an annual report to the
Committees which provides details on the use of all funds
assessed from any other budget activity, line item,
subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress, or to finance programs or activities
that could be foreseen and included in the normal budget
review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations.
This restriction applies to all such actions regardless of
whether a formal reprogramming of funds is required to begin
the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall
be reported to the Committees within 60 days of the end of
each quarter and shall include cumulative totals for each
budget activity, budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
=========================== NOTE ===========================
December 17, 2015, on page H10212, the following appeared:
Public Law 91-6646), unless such acquisitions are submitted
The online version should be corrected to read: Public Law 91-
646), unless such acquisitions are submitted
========================= END NOTE =========================
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.
TITLE I--DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
The agreement provides $1,072,675,000 for Management of
Lands and Resources. In addition to the funding allocation
table at the end of this explanatory statement, the agreement
includes the following instructions:
Wild Horses and Burros.--The Bureau is encouraged to
continue to implement the reforms recommended by the 2013
National Academy of Sciences' report, reduce the number of
horses and burros in long-term holding, appropriately manage
herds affected by drought, and address the effects of herds
on rangeland, riparian areas, and sage-grouse habitat.
Rangeland Management.--The Bureau is directed, to the
greatest extent practicable, to make vacant grazing
allotments available to a holder of a grazing permit or lease
when lands covered by the holder of the permit or lease are
unusable because of drought or wildfire. The Bureau also is
directed to follow the directive herein for the Forest
Service regarding bighorn sheep conservation.
Recreation Management.--The Bureau is encouraged to
continue its collaborative efforts with non-Federal partners
to teach outdoor ethics and stewardship to staff and
visitors.
Law Enforcement.--The Bureau is encouraged to focus on
visitor safety and archaeological resource protection and
work with the Department of Justice and the Department of
Homeland Security on other matters of Federal law not unique
to Bureau lands or property. Within the funds provided, the
Bureau is expected to increase its efforts regarding illegal
marijuana cultivation on public lands.
Cooperative Efforts in Alaska.--The Bureau, as the largest
Federal landowner in the State of Alaska's Arctic region, is
directed to work cooperatively with local stakeholders to
enhance economic opportunities for the people who live and
work in the region. The Bureau also is reminded of the
directions contained in the Senate report regarding Placer
Mining Reclamation Activities, contaminated Alaska Native
lands in need of remediation, and cooperation with the Alaska
State Oil and Gas Conservation Commission and other
stakeholders on measurement of production in the National
Petroleum Reserve-Alaska.
LAND ACQUISITION
The bill provides $38,630,000 for Land Acquisition. The
amounts recommended by this bill compared with the budget
estimates by activity and project are shown in the table
below, listed in priority order pursuant to the budget
request for fiscal year 2016. Further instructions are
contained under the Land and Water Conservation Fund heading
in the front of this explanatory statement.
[[Page H10213]]
----------------------------------------------------------------------------------------------------------------
State Project--Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
CO................................ Upper Rio Grande--Blanca $6,346,000 $6,346,000
Wetlands ACEC/SRMA.
NM................................ Upper Rio Grande--Rio 2,900,000 2,900,000
Grande del Norte National
Monument.
WY................................ North Platte River SRMA... 1,310,000 1,310,000
OR................................ Sandy River ACEC/Oregon 750,000 750,000
National Historic Trail.
ID................................ High Divide--Lewis and 740,000 740,000
Clark National Historic
Trail.
ID................................ High Divide--Sands Desert 3,500,000 3,500,000
Habitat Management Area/
Teton River.
ID................................ High Divide--Thousand 250,000 250,000
Springs ACEC.
ID................................ High Divide--Oregon NHT/ 1,315,000 1,315,000
Craters of the Moon NP.
CA................................ Panoche-Coalinga ACEC..... 900,000 900,000
CA................................ Carrizo Plain National 300,000 300,000
Monument.
VA................................ Rivers of the Chesapeake-- 2,400,000 2,400,000
Meadowood SRMA.
MD................................ Rivers of the Chesapeake-- 191,000 191,000
Nanjemoy NRMA.
OR................................ Cascade-Siskiyou National 2,600,000 230,000
Monument.
NM................................ National Trails System-- 2,300,000 2,300,000
Continental Divide
National Scenic Trail.
CA................................ California Wilderness..... 482,000 482,000
OR................................ North Umpqua National Wild 2,000,000 2,000,000
and Scenic River.
UT................................ Colorado Riverway SRMA.... 1,100,000 1,100,000
Additional Project 1,000,000 0
Requests.
-------------------------------------------------
Subtotal, Line Item 30,384,000 27,014,000
Projects.
Recreational Access....... 4,000,000 8,000,000
Emergencies, Hardships, 1,616,000 1,616,000
and Inholdings.
Acquisition Management.... 2,000,000 2,000,000
-------------------------------------------------
Total, BLM Land 38,000,000 38,630,000
Acquisition.
----------------------------------------------------------------------------------------------------------------
OREGON AND CALIFORNIA GRANT LANDS
The agreement provides $107,734,000 for Oregon and
California Grant Lands, to be distributed as displayed in the
funding allocation table at the end of this explanatory
statement.
RANGE IMPROVEMENTS
The agreement provides $10,000,000 to be derived from
public lands receipts and Bankhead-Jones Farm Tenant Act
lands grazing receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The agreement provides an indefinite appropriation
estimated to be $31,050,000 for Service Charges, Deposits,
and Forfeitures.
MISCELLANEOUS TRUST FUNDS
The agreement provides an indefinite appropriation
estimated to be $24,000,000 for Miscellaneous Trust Funds.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
The bill provides $1,238,771,000 for Resource Management.
In addition to the funding allocation table at the end of
this explanatory statement, the agreement includes the
following instructions and changes to the fiscal year 2015
enacted levels:
Reprogrammings.--The agreement does not include exceptions
to the reprogramming guidelines contained in the House
report. The Service is directed to comply with the
reprogramming guidelines contained in the front of this
explanatory statement.
Ecological Services.--The agreement includes the proposed
new budget structure as modified in the House report. The
Committees will monitor the budget structure and make changes
in future years, if necessary, to ensure a continued high
level of transparency. The Service must improve its ability
to account for budget estimates and expenditures to implement
specific laws by more closely aligning the presentation of
authorizing statutes and budget subactivities in annual
budget submissions, and by including crosscut tables where
necessary, such as for implementation of the Endangered
Species Act. The Service is further directed to display in
annual budget submissions an estimate of requested
appropriations and prior year expenditures for listings
versus delistings.
Listing.--The agreement includes legislative caps on
processing petitions, listing international species, and
designating critical habitat, as requested.
The agreement does not contain the directive in Senate
Report 114-70 requiring advance notice when endangered
species settlement agreements are finalized. In its place,
the Service is directed to provide the Committees a report
detailing: (1) the feasibility of providing notice to the
Governor of each State where a species exists when the
Service enters into multi-species settlement negotiations;
(2) the feasibility of providing notice to the Governor of
each state where a species exists at least 30 days prior to
finalizing a settlement agreement; and (3) the feasibility of
providing public notice when the Service enters into multi-
species settlement negotiations so that other impacted
stakeholders may take part in those negotiations.
Planning and Consultation.--The agreement includes
$81,094,000 for General Program Activities. The request to
handle the Service's increased permitting workload in the
Gulf as a result of the 2010 Deepwater Horizon oil spill is
funded at $1,000,000.
Conservation and Restoration.--The agreement includes
$3,250,000 for the sagebrush steppe ecosystem, which shall be
used for working with States and private landowners to
implement science-based, flexible approaches to conserve the
sage-grouse.
Recovery.--The agreement includes $1,373,000 for
Cooperative Recovery; $1,659,000 as requested for ecosystem
restoration of the Bay Delta; $1,000,000 to continue the
wolf-livestock demonstration program as authorized by Public
Law 111-11; $2,000,000 to reduce the backlog of delistings
and downlistings; and $500,000 for multi-partner recovery
actions. The Service is directed to prioritize the recovery
of the California condor and northern aplomado falcon and
provide the necessary funding to enable the longstanding
public-private partnerships to continue to support the wild
populations through captive propagation, releases, and
management, as the Service and the States work to address the
continued environmental threats to these species.
Within available resources, the Service is urged to develop
recovery plans for all listed species as required by law; to
include in each recovery plan measurable goals that the
Service, the States, and their partners can strive for; and
to report to the Congress on any species for which the
Secretary finds that a recovery plan will not promote the
conservation of the species, including the justification for
such finding. The Service is urged to complete all status
reviews within the five-year period required by law, and, for
any determination on the basis of such review whether a
species should be delisted, downlisted, or uplisted,
promulgate an associated regulation prior to initiating the
next status review for such species. The Service is directed
to submit annually with its budget request a complete list of
all species with completed 5-year reviews recommending a
change in listing status upon which the Service has not
acted.
National Wildlife Refuge System.--The agreement includes
$2,500,000 for urban wildlife conservation. It also includes
$2,092,000 for volunteer partnerships, an increase of
$500,000 over the fiscal year 2015 enacted level, for costs
related to ensuring that volunteers maintain a robust
presence at wildlife refuges. No funds are provided for land
protection planning. The agreement includes the requested
increases for maintenance support and deferred maintenance.
The Fish and Wildlife Service and the Forest Service are
expected to enter into a long-term memorandum of
understanding, as contemplated in the Senate report, within
90 days of enactment of this Act, to continue the research
activities conducted by the Forest Service on the Sharkey
Restoration Research and Demonstration Site. The Committees
understand the agencies are working toward that goal and the
agencies are expected to ensure that not less than 950 acres
of the total parcel acreage is available for research and not
considered appropriate for future land swaps or exchanges.
Migratory Bird Management.--The agreement includes
$1,000,000 for aviation management in order to address
critical safety issues, and $250,000 to address bird-
livestock conflicts.
Law Enforcement.--The agreement includes program increases
of $4,000,000 as requested to combat wildlife trafficking,
and $4,000,000 as requested for direct interdiction of
illegal commercial exploitation by organized criminal
elements, as authorized by the Lacey Act and other statutes.
The Fish and Wildlife Service is directed to conduct an
analysis to determine whether it is appropriate to include
Echinoderms in the exemption to clearance requirements for
import and export of fishery products. The Service should
provide the analysis to the Committees on Appropriations
within 180 days of enactment of the Act. Additionally, the
Service should provide reports to the Committees on
Appropriations on a semiannual basis during fiscal years 2016
and 2017 that detail for each processor of echinoderms, the
time and date an inspection request is made and the
corresponding time and date that the Service conducts the
inspection. The Service is expected to complete the
inspections promptly so that product spoilage does not occur.
International Affairs.--As the Service works to finalize
the rule published on July 29, 2015, the Service is
encouraged to consider all feedback received during the
public comment period, and to consider a final rule that
includes a de minimis exemption, consideration for antiques
and museums, and allowances for sport hunters.
Fish and Aquatic Conservation.--The agreement provides
$53,418,000 for National Fish Hatchery System Operations,
including not less than $400,000 for the Aquatic Animal
[[Page H10214]]
Drug Approval Partnership, as requested. None of the funds
may be used to terminate operations or to close any facility
of the National Fish Hatchery System. None of the production
programs listed in the March, 2013, National Fish Hatchery
System Strategic Hatchery and Workforce Planning Report may
be reduced or terminated without advance, informal
consultation with affected States and Indian tribes.
The agreement includes the directive in the Senate report
related to the continued operation of mitigation hatcheries.
The agreement requires that future budget requests ensure
Federal partners have committed to sufficiently reimbursing
the Service for mitigation hatcheries before the Service
proposes to eliminate funding for mitigation hatcheries.
The agreement includes $19,920,000 as requested for
maintenance. The Service is encouraged to re-evaluate its
allocation methodology so that increases are fairly directed
to facilities with the most severe health and safety
deficiencies across the National Fish Hatchery System as a
whole, rather than by region.
The agreement includes $13,248,000 for the National Fish
Passage Program. The Service is directed to determine whether
unintentional barriers to fish passage are being installed
faster than this program is removing them, and to determine
whether program funding is more effective if focused on
prevention instead of restoration.
The agreement includes $3,000,000 for work related to
implementation of the Klamath Basin Restoration Agreement and
related settlement agreements, equal to the fiscal year 2015
enacted level; and $7,900,000 to control invasive Asian carp,
as requested. An additional $1,000,000 is provided above the
fiscal year 2015 enacted level for the implementation of
State and inter-State invasive species plans.
Cooperative Landscape Conservation.--The agreement includes
$700,000 for Gulf Coast ecosystem restoration, as requested.
Science Support.--The agreement includes $2,500,000 for
white-nose syndrome research.
General Operations.--The agreement includes the proposed
reductions for Service-wide bill paying; the proposed
transfer of the tribal liaison office, which is funded at
$1,803,000; and a partial increase for annual maintenance of
the National Conservation Training Center.
CONSTRUCTION
The bill provides $23,687,000 for Construction. The
detailed allocation of funding by activity is included in the
table at the end of this statement. The Service is expected
to follow the construction project priority list included in
the President's fiscal year 2016 budget request, and as shown
in the table below.
----------------------------------------------------------------------------------------------------------------
Refuge, Hatchery, or
State Other Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
National Wildlife Refuge System
IL................................... Crab Orchard NWR....... $962,000 $962,000
CA................................... San Pablo Bay NWR...... 1,125,000 1,125,000
NM................................... Valle de Oro NWR....... 3,458,000 3,458,000
OR................................... Julia Butler Hansen 842,000 842,000
Refuge.
Other previously 0 3,000,000
authorized refuge
projects.
National Fish Hatchery System
OR................................... Warm Springs NFH....... 736,000 736,000
GA................................... Warm Springs NFH....... 1,800,000 1,800,000
KY................................... Wolf Creek NFH......... 1,168,000 1,168,000
SD................................... Gavins Point NFH....... 600,000 600,000
OK................................... Tishomingo NFH......... 60,000 60,000
AZ................................... Williams Creek NFH..... 138,000 138,000
Other
OR................................... Clark R. Bavin National 450,000 450,000
Fish and Wildlife
Forensics Lab.
N/A.................................. Service Wide Seismic 215,000 215,000
Safety.
-------------------------------------------------
Total, Line Item 11,554,000 14,554,000
Construction.
----------------------------------------------------------------------------------------------------------------
LAND ACQUISITION
The bill provides $68,500,000 for Land Acquisition. The
amounts recommended by this bill compared with the budget
estimates by activity are shown in the table below, listed in
priority order pursuant to the budget request for fiscal year
2016. Further instructions are contained under the Land and
Water Conservation Fund heading in the front of this
explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Project--Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
HI................................... Island Forests at Risk-- $8,589,000 $8,589,000
Hakalau Forest NWR.
ND/SD................................ Dakota Grassland 6,500,000 6,500,000
Conservation Area.
CO/NM................................ Upper Rio Grande-- 1,000,000 1,000,000
Sangre de Cristo
Conservation Area.
ND/SD................................ Dakota Tallgrass 3,000,000 3,000,000
Prairie WMA.
ID................................... High Divide--Camas 280,000 280,000
National Wildlife
Refuge.
MT................................... High Divide--Red Rocks 1,000,000 1,000,000
Lake National Wildlife
Refuge.
FL................................... Everglades Headwaters 2,091,000 2,091,000
Conservation Area.
VA................................... Rivers of the 1,600,000 1,600,000
Chesapeake--Rappahanno
ck NWR.
MD................................... Rivers of the 1,511,000 1,511,000
Chesapeake--Blackwater
NWR.
FL................................... Everglades Headwaters 2,500,000 2,500,000
Conservation Area.
ID................................... National Trails System-- 2,500,000 2,500,000
Gray's Lake NWR.
MN/IA................................ Northern Tallgrass 500,000 500,000
Prairie NWR.
Multi................................ Silvio O. Conte NFWR... 2,000,000 2,000,000
Multi................................ Bear River Watershed 2,000,000 2,000,000
Conservation Area.
KS................................... Flint Hills 840,000 840,000
Conservation Area.
-------------------------------------------------
Subtotal, Line Item 35,911,000 35,911,000
Projects.
Recreational Access.... 2,500,000 2,500,000
Emergencies, Hardships, 5,351,000 5,351,000
and Inholdings.
Exchanges.............. 1,500,000 1,500,000
Acquisition Management. 12,773,000 12,773,000
Land Protection 465,000 465,000
Planning.
Highlands Conservation 0 10,000,000
Act Grants.
-------------------------------------------------
Total, FWS Land 58,500,000 68,500,000
Acquisition.
----------------------------------------------------------------------------------------------------------------
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The bill provides $53,495,000 for the Cooperative
Endangered Species Conservation Fund, of which $22,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund, and $30,800,000 is to be derived from the
Land and Water Conservation Fund. The detailed allocation of
funding by activity is included in the table at the end of
this statement.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties
authorized by the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $35,145,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $3,910,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $11,061,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $60,571,000 for State and Tribal Wildlife
Grants. The detailed allocation of funding by activity is
included in the table at the end of this statement.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The agreement provides $2,369,596,000 for the Operation of
the National Park System. The detailed allocation of funding
by program area and activity is included in the table at the
end of this division.
Operation of the National Park System.--The agreement
provides $93,823,000 in new discretionary funding within the
Operation of the
[[Page H10215]]
National Park System (ONPS) account to support the Centennial
Initiative and related efforts. Specifically, the agreement
includes $16,000,000 in new funds within the Park Support
line item to support the Centennial, which fully funds the
budget request to support new areas and critical
responsibilities across the System including, but not limited
to, operations at sites associated with the Civil Rights
Movement; Flight 93 National Memorial; and the Manhattan
Project National Historical Park. Funds are also provided to
support new park units including the Pullman and Honouliuli
units as well as critical operating needs as described in
further detail below. An additional $1,500,000 is provided to
complete landscape restoration projects at newly established
park units. The agreement also includes $8,000,000 as
requested to restore seasonal ranger staff and enhance
education and interpretive services; $6,000,000 as requested
to support the Service's Civil Rights initiative; and
$2,000,000 as requested to support increased volunteer
capacity through partner organizations. Lastly, the agreement
provides new discretionary funding to address deferred
maintenance needs including a $17,500,000 increase for repair
and rehabilitation projects and a $17,500,000 increase to
address cyclic maintenance needs. These funds are
supplemented by $15,000,000 provided within the Centennial
Challenge matching grant program account dedicated to funding
joint public-private investments in parks. The final
allocation of funds supporting the Centennial Initiative,
including the detailed allocation of new areas and critical
responsibilities funding described above, shall be provided
to the Committees as part of the Service's annual operating
plan for the ONPS account not later than 60 days after
enactment of this Act. Such plan shall be subject to the
reprogramming guidelines contained in this explanatory
statement.
Marijuana Eradication.--Within the amounts provided, the
Committees expect the Service to continue its marijuana
eradication programs at no less than the fiscal year 2015
enacted level.
Quagga and Zebra Mussel Control.--The Committees remain
concerned about the spread of quagga and zebra mussels in the
West and, consistent with fiscal year 2015, have provided
$2,000,000 for continued containment, prevention, and
enforcement efforts. Further, the Committees direct the
Service to provide, not later than 90 days after enactment of
this Act, a progress report on steps taken in recent years to
address this pervasive threat to western watersheds.
National Capital Area Performing Arts Program.--Within the
amounts provided, the Service is directed to maintain funding
for the National Capital Area Performing Arts Program,
including the summer concert series staged on the U.S.
Capitol grounds, at the fiscal year 2015 enacted level.
White-Nose Syndrome in Bats.--The Committees provide funds
as requested to support monitoring and surveillance
activities associated with white-nose syndrome in bats.
Mississippi National River and Recreation Area.--The
Service is directed to undertake a study for the development
of a permanent headquarters and visitor use facility at the
Mississippi National River and Recreation Area in close
proximity to the existing temporary headquarters and the
river.
Eastern Legacy Study (Lewis and Clark Trail Study).--The
Eastern Legacy Study, authorized to determine the feasibility
of extending the Lewis and Clark National Historic Trail, is
now two years overdue. The Committees direct the Service to
complete the study expeditiously.
Ste. Genevieve Special Resource Study.--The Committees urge
the Service to complete in a timely fashion the Ste.
Genevieve Special Resource Study which has been ongoing since
2010.
Ozark National Scenic Riverways.--The Service is directed
to work collaboratively with affected parties to ensure that
implementation of the General Management Plan for the Ozark
National Scenic Riverways addresses the concerns of affected
stakeholders including, but not limited, to local communities
and businesses.
National Mall and Memorial Parks Concessions.--The
Committees reiterate their direction from the Consolidated
and Further Continuing Appropriations Act, 2015, that the
Service provide the report on National Mall and Memorial
Parks Concessions to the House and Senate Committees on
Appropriations not later than 30 days after enactment of this
Act.
Sewall-Belmont House and Museum.--Within funds provided for
new areas and critical responsibilities, the Service is
directed to implement the recommendations of the Service's
reconnaissance study on the Sewall-Belmont House and Museum.
The Committees are pleased that the study affirmed the House
is suitable for inclusion in the national park system, and
expects the Service to use funds provided to assume
additional management responsibilities until a long-term
management solution for the House is reached.
Valles Caldera National Preserve.--The recommendation
supports the requested transfer of the Valles Caldera
National Preserve to the Service to reflect its status as a
new park unit. The Committees direct the Service to use funds
for new areas and critical responsibilities to maintain
funding for the Preserve at no less than the fiscal year 2015
program operating level.
Blackstone River Valley National Historical Park.--The
recommendation also supports funding for the Blackstone River
Valley National Historical Park as requested with the
expectation that the Service will continue to make funds
available to the local coordinating entity to maintain
staffing and capacity to assist in management of the park, as
authorized in Public Law 113-291. The Committees expect
future budget requests to provide funding for operating and
partnership needs.
Yosemite National Park.--The Committees direct the Service
to work with its concessioners at Yosemite National Park to
ensure there is no interruption to visitor and recreational
services as the park implements the Merced River Plan.
Park Partnerships.--In recent years, the Committees have
expressed support for ongoing public-private partnerships and
strongly encouraged the Service to expand their use. The
Committees encourage the Service to find ways to further
engage partners to facilitate the accomplishment of park
projects consistent with the applicable laws and regulations
that govern use of Federal appropriations.
Roosevelt-Campobello International Park Commission.--
Funding for Roosevelt-Campobello International Park
Commission (The Commission) on the Maine-Canada border is
jointly and equally supported by the U.S. and Canadian
governments pursuant to the 1964 Agreement between the two
nations, which was recognized and codified by Congress in
1964 (Public Law 88-363). While the Administration has a
responsibility to consider priorities within overall budget
constraints and submit an annual budget request to Congress,
the Committees are concerned with recent requests for the
Park from the Service. Congress observed in 1986 the
following: ``The managers agree that hereafter the Service
should use its internal reprogramming authority so that there
will be no diminution of the amount provided for the
Roosevelt Campobello International Park Commission, unless
reduced by the House or Senate in a report accompanying the
appropriations bill.'' (CR-H10497, October 15, 1986).
Therefore, the Committees direct that the budget request
prepared by the Roosevelt Campobello International Park
Commission shall be submitted by the Administration directly
to the House and Senate Committees on Appropriations without
any changes. The Administration, in its National Park Service
budget justification, may comment on the Commission's budget
request and make such additions and subtractions that it may
propose. However, the amounts requested by the National Park
Service shall be consistent with its obligations under
international agreements. The Committees will consider the
proposal from the Commission and the Administration will
allocate the overall appropriation as specified in the report
accompanying the Interior, Environment, and Related Agencies
Appropriations Act.
Sales of Bottled Water at Park Units.--The Committees are
aware of concerns raised about Director's Policy Memorandum
11-03 relating to disposable plastic water bottle recycling
and reduction, which provided park units the option to
eliminate the sale of bottled water on a park-by-park basis.
The Committees understand that 19 parks have eliminated the
sale of disposable water bottles as a result of this policy
and direct the Service to provide, not later than 60 days
after enactment of this Act, a report that details the data
the Service reviewed and the justification for making the
determination to ban bottled water at each affected park
unit.
NATIONAL RECREATION AND PRESERVATION
The agreement provides $62,632,000 for National Recreation
and Preservation with the following specific directives:
Chesapeake Gateways and Trails Program.--As requested, the
agreement includes $2,014,000 for the Chesapeake Gateways and
Trails Program.
Heritage Partnership Program.--The agreement provides
$19,821,000 for the Heritage Partnership Program. In order to
provide stable funding sources for all areas, the agreement
provides funding for longstanding areas at fiscal year 2015
funding levels; provides a total of $300,000 to national
heritage areas with recently approved management plans, known
as tier 2 areas; and provides $150,000 to each tier 1 area
that has been authorized and is still in the process of
having its management plan approved. The Committees direct
the Service to submit a plan that provides alternatives to
implement proposed funding allocation changes in future
fiscal years that minimize impacts on existing heritage
areas.
HISTORIC PRESERVATION FUND
The agreement provides $65,410,000 for the Historic
Preservation Fund. Within this amount, $46,925,000 is
provided for grants to States and $9,985,000 is provided to
tribes, consistent with the request. The recommendation also
includes $8,500,000 for competitive grants of which $500,000
is for grants to underserved communities and $8,000,000 is
for competitive grants to document, interpret, and preserve
historical sites associated with the Civil Rights Movement.
Prior to execution of these funds, the Service shall submit a
spend plan to the Committees on Appropriations of the House
and Senate.
CONSTRUCTION
The agreement provides $192,937,000 for Construction with
the following specific directive:
Line Item Construction.--The agreement provides
$116,276,000 for line item construction projects in the
fiscal year 2016 budget
[[Page H10216]]
request and as shown in the table below. Requests for
reprogramming will be considered pursuant to the guidelines
in the front of this explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Park Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
FL............................ Dry Tortugas National Park.... $6,618,000 $6,618,000
NY............................ Gateway National Recreation 5,594,000 5,594,000
Area.
OH............................ Perry's Victory and 8,561,000 8,561,000
International Peace Memorial.
NY............................ Vanderbilt Mansion National 5,275,000 5,275,000
Historic Site.
WY............................ Yellowstone National Park..... 8,668,000 8,668,000
PR............................ San Juan National Historic 1,947,000 1,947,000
Site.
DC............................ Chesapeake and Ohio Canal 4,235,000 4,235,000
National Historical Park.
MT............................ Glacier National Park......... 7,156,000 7,156,000
CA............................ Golden Gate National 9,954,000 9,954,000
Recreation Area.
CA............................ Yosemite National Park........ 4,886,000 4,886,000
AK............................ Katmai National Park and 2,235,000 2,235,000
Preserve.
WY............................ Grand Teton National Park..... 13,948,000 13,948,000
DC............................ National Mall and Memorial 11,183,000 11,183,000
Parks.
CA............................ Yosemite National Park........ 1,720,000 1,720,000
MS............................ Vicksburg National Military 1,502,000 1,502,000
Park.
CO............................ Mesa Verde National Park...... 2,456,000 2,456,000
NM............................ Bandelier National Monument... 5,138,000 5,138,000
NC............................ Cape Hatteras National 6,824,000 6,824,000
Seashore.
AR............................ Buffalo National River........ 1,697,000 1,697,000
CO............................ Curecanti National Recreation 1,958,000 1,958,000
Area.
AL............................ Horseshoe Bend National 1,105,000 1,105,000
Military Park.
AK............................ Denali National Park and 3,616,000 3,616,000
Preserve.
Additional Project Requests... 37,068,000 0
-------------------------------------------------
Total, Line Item Construction. 153,344,000 116,276,000
----------------------------------------------------------------------------------------------------------------
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The agreement includes a rescission of $28,000,000 in
annual contract authority. This authority has not been used
in recent years and there are no plans to use this authority
in fiscal year 2016.
LAND ACQUISITION AND STATE ASSISTANCE
The bill provides $173,670,000 for Land Acquisition and
State Assistance. The amounts recommended by this bill
compared with the budget estimates by activity are shown in
the table below, listed in priority order pursuant to the
budget request for fiscal year 2016. Further instructions are
contained under the Land and Water Conservation Fund heading
in the front of this explanatory statement.
The Committees understand that P.L. 91-660, as amended,
contains authority that would allow for the exchange of
National Park Service lands for State owned uplands at Cat
Island within the Gulf Islands National Seashore, and
encourage the Service and State to continue this exchange
effort.
----------------------------------------------------------------------------------------------------------------
State Project--Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
HI............................ Island Forests at Risk--Hawaii $6,000,000 $6,000,000
Volcanoes NP.
TN............................ Obed Wild and Scenic River.... 1,204,000 1,204,000
NY............................ Saratoga National Historical 740,000 740,000
Park.
AL............................ Little River Canyon National 625,000 625,000
Preserve.
CO............................ Upper Rio Grande--Great Sand 6,852,000 6,852,000
Dunes NP.
WA............................ Ebey's Landing National 1,450,000 1,450,000
Historical Reserve.
AK............................ Lake Clark National Park and 943,000 943,000
Preserve.
FL............................ Timucuan Ecological and 110,000 110,000
Historic Preserve.
MT............................ High Divide--Big Hole National 300,000 300,000
Battlefield.
GA............................ Chattahoochee River National 2,123,000 2,123,000
Recreation Area.
FL............................ Fort Caroline National 324,000 324,000
Monument.
WI............................ Saint Croix National Scenic 223,000 223,000
Riverway.
Multi......................... Rivers of the Chesapeake-- 2,237,000 2,237,000
Captain John Smith NHT.
NM............................ Pecos National Historical Park 386,000 386,000
AZ............................ Saguaro National Park......... 1,348,000 1,348,000
MD............................ Piscataway Park............... 571,000 571,000
PA............................ Gettysburg National Military 285,000 285,000
Park.
WA............................ Olympic National Park......... 1,581,000 1,581,000
WV............................ Gauley River National 2,617,000 2,617,000
Recreation Area.
NY............................ Saratoga National Historical 749,000 749,000
Park.
ME............................ Acadia National Park.......... 2,467,000 2,467,000
Additional Project Requests... 1,685,000 0
-------------------------------------------------
Subtotal, Line Item Projects.. 34,818,000 33,135,000
American Battlefield 8,986,000 10,000,000
Protection Program.
Emergencies, Hardships, 3,928,000 3,928,000
Relocations and Deficiencies.
Acquisition Management........ 9,679,000 9,679,000
Inholdings, Donations and 4,928,000 4,928,000
Exchanges.
Recreational Access........... 2,000,000 2,000,000
=================================================
Total, NPS Land Acquisition... 64,339,000 63,670,000
Assistance to States:
State conservation grants 45,000,000 94,839,000
(formula).
State conservation grants 5,000,000 12,000,000
(competitive).
Administrative expenses....... 3,161,000 3,161,000
=================================================
Total, Assistance to States... 53,161,000 110,000,000
Total, NPS Land Acquisition 117,500,000 173,670,000
and State Assistance.
----------------------------------------------------------------------------------------------------------------
CENTENNIAL CHALLENGE
The agreement provides $15,000,000 for the Centennial
Challenge matching grant program, a key component of the
Service's Centennial Initiative. The program provides
dedicated Federal funding to leverage partnerships for
signature projects and programs for the national park system,
including critical infrastructure investments. The amount
provided for the Centennial Challenge is intended to
complement funding for core operations provided in the
Operation of the National Park System account to enhance the
visitor experience and to protect cultural and natural
resources at national park system units in anticipation of
the Service's Centennial celebration. A one-to-one matching
requirement is required for projects to qualify for these
funds. The Service is urged to give preference to projects
that demonstrate additional leveraging capacity from its
partners.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
The agreement provides $1,062,000,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS). In addition to the funding allocation table at the
end of this explanatory statement, the agreement includes the
following instructions:
Ecosystems.--The bill provides $158,041,000, which includes
an increase of $500,000 to address white-nose syndrome in
bats and $500,000 for new and emerging species research. The
Committees want to ensure that the Survey is taking a
balanced approach towards its program areas and direct the
Survey to report to the Committees within 180 days of
enactment of this Act on what new studies and projects over
$1,000,000 have been initiated within the last three fiscal
years under the various program areas. The Committees also
encourage the Survey to work with the Department to include a
cross cut for high priority species and critical landscapes
under the ecosystem mission in future budget submissions.
Climate and Land Use Change.--The bill provides
$139,975,000, which includes an increase of $4,300,000 for
Landsat science activities for Landsat 9 and no funding for
the free flying thermal infrared instrument. The
[[Page H10217]]
Survey is expected to focus on drought impacts and adaptive
management with the funding provided within this activity.
Energy, Minerals, and Environmental Health.--The bill
provides $94,511,000, which includes the requested increase
of $2,440,000 for the critical minerals program. The proposed
decrease of $2,000,000 for mapping activities is rejected and
the Committees expect the Survey to continue with geologic
mapping activities in areas of the country where high quality
mineral and energy resources remain unmapped at a useable
scale.
Natural Hazards.--Funding for the Natural Hazards program
includes $60,503,000 for earthquake hazards, of which
$8,200,000 is provided to transition the earthquake early
warning demonstration project into an operational capability
for the West Coast. The Survey is directed to conduct a cost-
benefit analysis and spending plan for the adoption of any
remaining seismic stations, including any stations in final
deployment, if included as part of the Survey's Advanced
National Seismic System for research. The bill also provides
$26,121,000 for volcano hazards, including an additional
$1,000,000, for repairing and upgrading current systems with
a focus on high-threat volcanoes. The Volcano Hazard Program
is expected to continue to work on the deferred network
maintenance of volcano hazard monitoring stations that are
currently inoperable.
Water Resources.--The bill provides $213,052,000 for Water
Resources under a new requested budget structure. From within
this new structure, the activities associated with the
Cooperative Water Program will receive $57,710,000, equal to
the fiscal year 2015 enacted level. Further, the bill
provides $42,226,000 for Water Availability and Use Science
programs, including an increase of $301,000 for drought
forecasting activities and $2,000,000 for groundwater
resource studies to assess transboundary aquifers as
authorized by Public Law 109-488 and regions within the
Mississippi River Alluvial Plain which are experiencing
variability in groundwater systems; $71,535,000 for
Groundwater and Streamflow Information programs including
increases of $1,000,000 for the groundwater network and
$928,000 for streamgages; $92,791,000 for National Water
Quality Programs; and $6,500,000 for the Water Resources
Research Institutes.
=========================== NOTE ===========================
December 17, 2015, on page H10217, the following appeared:
Public Law 109 488 and regions
The online version should be corrected to read: Public Law 109-
488 and regions
========================= END NOTE =========================
Core Science Systems.--The bill provides $111,550,000,
which includes a $3,000,000 increase for 3D Elevation:
National Enhancement, and the requested increase of
$1,322,000 to fund the Alaska mapping program.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
The bill provides $170,857,000 for Ocean Energy Management
to be partially offset with the collection of rental receipts
and cost recovery fees totaling $96,622,000, for a net
discretionary appropriation of $74,235,000. The request did
not include any funds for coastal marine spatial planning and
accordingly the bill provides no funds for such activities.
The agreement includes the following additional guidance:
Renewable Energy.--The Bureau should continue to work with
the Department of Energy to identify and permit a national
offshore wind test site that incorporates new technology
related to the structural material of transitional depth and
floating wind turbines. The Bureau is also expected to
continue working with coastal States and other stakeholders
to study new wind energy areas, including those in shallow,
transitional, and deep (over 200 feet) waters.
Bill language.--The agreement does not continue the
provision authorizing minimum rates of basic pay that was
included in both the Senate and House bills. The Office of
Personnel Management has approved special salary rate tables
covering employees eligible under the provision and therefore
it is no longer necessary.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
The bill provides $189,772,000 for Offshore Safety and
Environmental Enforcement to be partially offset with the
collection of rental receipts, cost recovery fees and
inspection fees totaling $116,207,000 for a net discretionary
appropriation of $73,565,000. While the Committees realigned
general support service costs consistent with the budget
request, concerns remain with respect to further budget
consolidations. The Bureau should continue to provide greater
clarity in its Congressional Justification for mission
specific program areas within the budget line for Operations,
Safety, and Regulation.
OIL SPILL RESEARCH
The bill provides $14,899,000 for Oil Spill Research.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
The bill provides $123,253,000 for Regulation and
Technology. Within this amount, the bill funds regulatory
grants at $68,590,000, equal to the fiscal year 2015 enacted
level. The Committees find that the budget proposal to reduce
regulatory grants would undermine the State-based regulatory
system. It is imperative that States continue to operate
protective regulatory programs as delegation of authority to
the States is the cornerstone of the surface mining
regulatory program. Further, the agreement does not provide
funds to expand and enhance Federal oversight activities of
State programs.
Stream Buffer Zone Rule.--The Committees are concerned
about the work at OSMRE on the Stream Buffer Zone rule and
note that more than half of the States who agreed to work as
participating agencies have withdrawn from the process. The
Committees are concerned that OSMRE is not working with
important State partners in an effective manner and believe
that OSMRE should reengage State partners in a meaningful
manner before finalizing the Stream Buffer Zone rule. To
achieve the best outcome possible, OSMRE is directed to
provide the States with all technical reports, data,
analyses, comments received, and drafts relative to the
environmental reviews, draft and final environmental impact
statements, and meet with any State with primacy during such
process at the request of the State.
ABANDONED MINE RECLAMATION FUND
The bill provides $117,303,000 for the Abandoned Mine
Reclamation Fund. Of the funds provided, $27,303,000 shall be
derived from the Abandoned Mine Reclamation Fund and
$90,000,000 shall be derived from the General Fund. The
agreement provides $90,000,000 for grants to States for the
reclamation of abandoned mine lands in conjunction with
economic and community development and reuse goals. Such
grants shall be distributed to States in accordance with the
goals, intent and direction provided under this heading in
House Report 114-170.
BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,267,924,000 for Operation of Indian
Programs. Fixed costs and transfers are included along with
additional details in the funding allocation table at the end
of this explanatory statement. The agreement includes the
following instructions and program changes to the fiscal year
2015 enacted level:
Contract Support.--The agreement moves Contract Support and
the Indian Self-Determination Fund to a new account, as
described in further detail below.
Social Services.--The agreement includes a $4,000,000
program increase in Social Services for implementation of the
Tiwahe initiative.
Trust.--Natural Resources Management.--The agreement
provides $191,846,000 for Trust--Natural Resources
Management. Program increases include $2,000,000 for rights
protection implementation; and $4,000,000 for forestry
projects, of which $2,000,000 is for forest thinning, and
$2,000,000 is for fire recovery.
Bureau of Indian Education.--The agreement provides
$852,367,000 for the Bureau of Indian Education. Program
increases include $10,881,000 to fully fund estimated tribal
grant support costs; $7,000,000 for facilities operations;
$7,000,000 for facilities maintenance; $500,000 to restore
juvenile detention education program grants; $2,550,000 for
education program management; and $2,000,000 for information
technology. Tribal Education Departments (TEDs) are fully
funded at $2,000,000 as requested.
Johnson O'Malley assistance grants are funded at
$14,778,000. The Committees remain concerned about the
accuracy of student counts. The Bureau is directed to consult
with tribes and Congress before proposing any changes in the
distribution of future funds or in the frequency or method of
future counts.
Education program enhancements are funded at the fiscal
year 2015 enacted level. The Bureau should consider
transferring this line item to education program management
in the fiscal year 2017 budget request to more accurately
account for personnel.
Within the funding provided for the Early Child and Family
Development Program, the Bureau shall not reduce funding for
currently operating Family and Child Education programs. The
Bureau is directed to publish its report on the 2013-14
school year internal review of early child and family
development programs in order to improve program direction
and transparency.
The agreement continues bill language providing the
Secretary with the authority to approve satellite locations
of existing BIE schools consistent with the guidance
contained in the explanatory statement accompanying the
Consolidated and Further Continuing Appropriations Act, 2015.
Post-Secondary Program forward funding is increased by
$5,100,000 to forward fund tribal technical colleges. This
one-time increase provides a transition to forward funding,
consistent with funding practices for most other tribal
colleges. The Bureau is encouraged to include a proposal in
the fiscal year 2017 budget request to transition the
remaining tribal colleges and universities to forward
funding.
The Committees remain concerned about recent Government
Accountability Office (GAO) reports detailing problems within
the K-12 Indian education system at the Department of the
Interior, in particular as they pertain to organizational
structure, accountability, finance, health and safety, and
ultimately student performance. As the Department takes steps
to reform the system, the Secretary is reminded that future
support from Congress will continue to be based in large part
upon successful implementation of GAO report recommendations.
In particular, consistent with GAO report 13-774, the
Secretary is urged to reorganize Indian Affairs so that
control and accountability of the BIE system is consolidated
within the BIE, to present such reorganization proposal in
the
[[Page H10218]]
fiscal year 2017 budget request, and to submit to the
Committees a corresponding updated workforce plan. Consistent
with GAO testimonies 15-389T, 15-539T, 15-597T, and any
subsequent reports, the Secretary is urged to personally
oversee immediate actions necessary to ensure the continued
health and safety of students and employees at BIE schools
and facilities.
Public Safety and Justice.--The agreement provides
$377,423,000 for public safety and justice. Program increases
include $3,000,000 for criminal investigations and police
services. The Committees encourage BIA to continue to look
for opportunities to improve public safety resources,
especially child foster care services, on Spirit Lake
Reservation. Other program increases include $3,000,000 in
law enforcement special initiatives and $5,000,000 for tribal
courts for the Tiwahe initiative; $11,000,000 for the Office
of Tribal Justice Support, of which $1,000,000 is to help
implement the Violence Against Women Reauthorization Act of
2013, and of which $10,000,000 is to work with Indian tribes
and tribal organizations to assess needs, consider options,
and design, develop, and pilot tribal court systems for
tribal communities including those communities subject to
full or partial State jurisdiction under Public Law 83-280.
Community and Economic Development.--The agreement includes
$4,500,000 for the Indian Energy Service Center, as
requested. Energy development holds much promise for Indian
communities and it is the Committees' expectation that the
new center will reduce much of the bureaucracy so that tribes
may begin energy development without delay.
Tribal Recognition.--The Committees acknowledge concerns
expressed by certain tribes, States, and bipartisan members
of Congress regarding effects of recent changes in tribal
recognition policy on standards that have been applied to new
applicants since 1978. Federal acknowledgement of a tribe
impacts the Federal budget, other tribes, State and local
jurisdictions, and individual rights. The Committees expect
the Administration to maintain rigorous recognition standards
while implementing a more transparent, efficient, and
workable process.
CONTRACT SUPPORT COSTS
The agreement includes new language establishing an
indefinite appropriation for contract support costs estimated
to be $277,000,000, which is an increase of $26,000,000 above
the fiscal year 2015 level. The budget request proposed to
fund these costs within the ``Operation of Indian Programs'''
account through Contract Support and the Indian Self-
Determination Fund budget lines. Under the new budget
structure, the full amount tribes are entitled to will be
paid and other programs will not be reduced in cases where
the agency may have underestimated these payments when
submitting its budget. Additional funds may be provided by
the agency if its budget estimate proves to be lower than
necessary to meet the legal obligation to pay the full amount
due to tribes, but this account is solely for the purposes of
paying contract support costs and no transfers from this
account are permitted for other purposes. Similar to the
President's request for calculating contract support costs,
this provision also applies to new and expanded Indian Self-
Determination and Education Assistance Act agreements funded
through the Indian Self-Determination Fund activity.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $193,973,000 for Construction. In
addition to the funding allocation table at the end of this
explanatory statement, the agreement includes the following
instructions:
Education.--This appropriation completes the 2004
replacement school construction list and provides $8,000,000
towards planning and design of schools on the next list, as
requested. The Committees encourage the Administration to
continue to work with tribal leaders in a transparent manner
to complete the next list in time for fiscal year 2017 budget
consideration.
This appropriation also restores the replacement facilities
construction line item, as requested. Serious health and
safety hazards exist at BIE facilities across the country,
including the Bug-O-Nay-Ge-Shig School of the Leech Lake Band
of Ojibwe. The Secretary is directed to develop a
comprehensive plan to work with tribes to repair and replace
all substandard educational facilities, especially facilities
being used for purposes other than those for which they were
built.
Combined, these appropriations begin to restore the
education construction budget which has declined
significantly in recent years. Regardless of whether tribes
choose to exercise their self-determination rights to run
schools in the BIE system, the Federal government retains
ownership of the schools and the responsibility to ensure
that the schools are properly maintained, repaired, improved,
and ultimately replaced at the end of their lifespan,
according to best practices across education systems
nationwide. That is why the Committees are concerned about
the current approach to construction, which focuses on a
subset of schools in the worst condition and requires those
schools to submit applications and compete for the funding.
Going forward, the Committees believe that the Bureau should
conduct comprehensive, long-term facilities planning and
expect the Bureau to model its efforts on the process used by
the Department of Defense (DOD) to produce its 2009 report to
Congress on modernizing and improving all DOD schools.
The Committees strongly support efforts to identify
innovative alternative financing options to accelerate the
pace of repair and replacement for the Bureau of Indian
Education schools, including the use of bonding authority.
The Committees urge the Department to explore, in
consultation with the Department of the Treasury, the best
available approach to meet repayment obligations and to fund
the construction, rehabilitation, and repair of Bureau of
Indian Education schools.
The agreement includes a one-time funding amount of
$5,000,000 above the President's request for BIE facilities
and improvement repair projects that can be completed
promptly and to address the backlog of critical deferred
maintenance projects.
INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $49,475,000 for Indian Land and Water
Claims Settlements and Miscellaneous Payments to Indians. The
Committees appreciate the importance of settling the numerous
land and water settlements, and direct the Department to
submit a spending plan to the Committees within 90 days of
enactment of this Act for how it plans to allocate the funds
provided by this bill for the specific settlements.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $7,748,000 for the Indian Guaranteed Loan
Program Account.
Departmental Offices
OFFICE OF THE SECRETARY
DEPARTMENTAL OPERATIONS
The agreement provides $721,769,000 for Departmental
Offices, Office of the Secretary, Departmental Operations.
The detailed allocation of funding by program area and
activity is included in the table at the end of the
statement. The agreement provides $12,618,000 for the Office
of Valuation Services.
Increases above the fiscal year 2015 enacted level include
$1,288,000 to support the Office of Natural Resources Revenue
(ONRR) Onshore Production Verification pilot and $2,600,000
as requested for ONRR to help with certain Trust
responsibilities for the Osage Nation consistent with the
services ONRR already provides to every other tribe. The
agreement also includes $452,000,000 to fully fund the
Payments in Lieu of Taxes (PILT) program for fiscal year
2016. The agreement does not provide requested funds for the
Coastal Resilience Fund.
The Secretary is reminded that Congress supports the use of
Federal land for energy corridors where appropriate, and that
nothing in P.L. 113-135 limits or otherwise alters the
Secretary's authority to issue and administer right-of-way
grants or right-of-use authorizations for transmission lines
within the Section 368 West-Wide Energy Corridor 39-231 on
the Federal land described in P.L. 113-135.
Experienced Services Program.--The agreement does not
include language authorizing the establishment of the
Department of the Interior Experienced Services Program as
proposed by the Senate. While the Committees support the
Department's goal of utilizing the skills of older workers to
help it accomplish its mission, the Committees urge the
Department to work closely with the authorizing committees of
jurisdiction in the House and Senate to achieve this goal
within the context of reauthorizing the Older Americans Act.
National Monument Designations.--The Department is directed
to collaboratively work with interested parties, including
Congress, States, local communities, tribal governments, and
others, before making national monument designations.
Royalty Rate Study.--The Committees request a Government
Accountability Office (GAO) study of the relationship between
increasing royalty rates on oil, gas, and coal production on
Federal lands and the relative competitiveness of Federal
lands for exploration and production versus State and private
lands, as well as any resulting effect on the Federal
treasury. GAO shall report the results to the Committees no
later than one year after enactment of this Act.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
The agreement provides $86,976,000 for Assistance to
Territories. In addition to the funding allocation table at
the end of this explanatory statement, the agreement includes
the following instructions:
The agreement recognizes that the Office of Insular
Affairs' most impactful spending is through the Technical
Assistance Program to fund projects to improve drinking
water, sanitation, health, safety, and economic opportunity
and sustainability. The agreement directs these funds to be
awarded accordingly and does not provide funding for new
initiatives proposed in the budget request. Additionally, the
Office of Insular Affairs is directed to continue to award
non-competitive technical assistance funds to support
investments in civic education programs for Insular Area
students.
COMPACT OF FREE ASSOCIATION
The agreement provides $3,318,000 for Compact of Free
Association. The detailed allocation of funding is included
in the table at the end of this explanatory statement.
[[Page H10219]]
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
The agreement provides $65,800,000 for the Office of the
Solicitor. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The agreement provides $50,047,000 for the Office of
Inspector General. The detailed allocation of funding is
included in the table at the end of this explanatory
statement.
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $139,029,000 for the Office of the
Special Trustee for American Indians. The detailed allocation
of funding by activity is included in the table at the end of
this explanatory statement.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $816,745,000 for Department of the
Interior Wildland Fire Management, which is $11,966,000 above
the fiscal year 2015 enacted level. Of the funds provided,
$291,673,000 is for suppression operations, which combined
with $177,000,000 in the FLAME Wildfire Suppression Reserve
Fund, provides a total of $468,673,000 for Department of the
Interior fire suppression activities. This amount exceeds the
ten-year average for suppression by $85,000,000 to provide
additional resources, as requested, based upon up-to-date
forecasting models. The detailed allocation of funding for
these accounts is included in the table at the end of this
explanatory statement.
Hazardous Fuels Management.--The agreement provides
$170,000,000 for hazardous fuels management activities, which
is $6,000,000 above the fiscal year 2015 enacted level.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $177,000,000 for the FLAME Wildfire
Suppression Reserve Fund.
CENTRAL HAZARDOUS MATERIALS FUND
The agreement provides $10,010,000 for the Central
Hazardous Materials Fund.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The agreement provides $7,767,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
WORKING CAPITAL FUND
The agreement provides $67,100,000 for the Department of
the Interior, Working Capital Fund. The increase above the
fiscal year 2015 enacted level is to improve cybersecurity
throughout the Department and its bureaus.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes various legislative provisions
affecting the Department in Title I of the bill, ``General
Provisions, Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the transfer of funds from the
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians.
Section 105 permits the redistribution of tribal priority
allocation and tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 authorizes the Secretary of the Interior to
continue the reorganization of the Bureau of Ocean Energy
Management, Regulation, and Enforcement in conformance with
Committee reprogramming guidelines.
Section 109 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 110 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 111 modifies a provision addressing Bureau of Land
Management actions regarding grazing on public lands.
Section 112 continues a provision prohibiting funds to
implement, administer, or enforce Secretarial Order 3310
issued by the Secretary of the Interior on December 22, 2010.
Section 113 extends a provision allowing the Bureau of
Indian Education authority to rent or lease land and
facilities and retain the receipts.
Section 114 addresses the National Park Service's ability
to implement the Volunteers in Parks program in anticipation
of increased volunteer activity related to the Service's
Centennial in 2016.
Section 115 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively
perform reimbursable work.
Section 116 addresses National Heritage Areas.
Section 117 addresses the issuance of rules for sage-
grouse.
Section 118 continues a provision providing the Secretary
of the Interior certain onshore pay authority.
Section 119 extends authorization for certain payments to
the Republic of Palau for fiscal year 2016.
Section 120 allows certain funds to be used for waterfowl
conservation.
Section 121 continues a provision which directs the
Secretary of the Interior to make certain certifications with
respect to existing rights of way. The section also retains a
provision limiting funding for a proposal to approve
specified rights-of-way on the Mojave National Preserve or
lands managed by the Needles Field Office of the Bureau of
Land Management.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The bill provides $8,139,887,000 for the Environmental
Protection Agency (EPA).
Congressional Budget Justification.--The Agency is directed
to continue to include the information requested in House
Report 112-331 and any proposals to change State allocation
formulas that affect the distribution of appropriated funds
in future budget justifications.
Reprogramming.--The Agency is held to the reprogramming
limitation of $1,000,000 and should continue to follow the
reprogramming directives as provided in the front of this
explanatory statement. Further, the Agency may not use any
amount of deobligated funds to initiate a new program,
office, or initiative, without the prior approval of the
Committees.
Within 30 days of enactment of this Act, the Agency is
directed to submit to the House and Senate Committees on
Appropriations its annual operating plan for fiscal year
2016, which shall detail how the Agency plans to allocate
funds at the program project level.
SCIENCE AND TECHNOLOGY
The bill provides $734,648,000 for Science and Technology
programs and transfers $18,850,000 from the Hazardous
Substance Superfund account to this account. The bill
provides the following specific funding levels and direction:
Homeland Security.--The agreement includes $37,122,000 and
the Agency shall allocate funds to programs under this
heading consistent with fiscal year 2015 levels.
Indoor Air and Radiation.--The agreement includes
$5,997,000 and the proposed elimination of radon activities
has been rejected.
Research: National Priorities.--The bill provides
$4,100,000 which shall be used for extramural research
grants, independent of the Science to Achieve Results (STAR)
grant program, to fund high-priority water quality and
availability research by not-for-profit organizations who
often partner with the Agency. Because these grants are
independent of the STAR grant program, the Agency should
strive to award grants in as large an amount as is possible
to achieve the most scientifically significant research.
Funds shall be awarded competitively with priority given to
partners proposing research of national scope and who provide
a 25 percent match. The Agency is directed to allocate funds
to grantees within 180 days of enactment of this Act.
Further, the bill provides $3,000,000 as directed in House
Report 114-170. In addition, the bill provides $7,000,000 for
certification and compliance activities related to vehicle
and engine emissions, of which the Agency is directed to
provide at least $5,000,000 in extramural resources.
Research: Safe and Sustainable Water Resources.--The
agreement includes $107,434,000 and the Agency shall follow
the direction under this heading in Senate Report 114-70.
Additional Guidance.--The agreement includes the following
additional guidance:
Validation of Scientifically Significant Studies.--The
Agency shall follow the direction under this heading in
Senate Report 114-70.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
The bill provides $2,613,679,000 for Environmental Programs
and Management and includes the following specific funding
levels and direction:
Clean Air and Climate.--The Agency shall allocate funds
consistent with fiscal year 2015.
Environmental Protection: National Priorities.--The bill
provides $12,700,000 for a competitive grant program to
provide technical assistance for improved water quality or
safe drinking water to rural and urban communities or
individual private well owners. The Agency is directed to
provide $11,000,000 for grants to qualified not-for-profit
organizations, on a national or multi-State regional basis,
for the sole purpose of providing on-site training and
technical assistance for water systems in rural or urban
communities. The Agency is also directed to provide
[[Page H10220]]
$1,700,000 for grants to qualified not-for-profit
organizations for technical assistance for individual private
well owners, with priority given to organizations that
currently provide technical and educational assistance to
individual private well owners. The Agency shall require each
grantee to provide a minimum 10 percent match, including in-
kind contributions. The Agency is directed to allocate funds
to grantees within 180 days of enactment of this Act.
Geographic Programs.--The bill provides $427,737,000, as
distributed in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative (GLRI).--The bill
provides $300,000,000 and the Agency shall continue to follow
the direction as provided in House Report 112-589.
Chesapeake Bay.--The bill provides $73,000,000 and the
Agency shall allocate funds consistent with the direction
under this heading in Senate Report 114-70.
Indoor Air and Radiation.--The agreement includes
$27,637,000. The Agency shall follow the rulemaking direction
under this heading in Senate Report 114-70. The proposed
elimination of the radon program has been rejected and the
Agency shall allocate funds consistent with fiscal year 2015.
Toxics Risk Review and Prevention.--The agreement includes
$92,521,000 and the Agency shall maintain funding for the
Office of Pollution Prevention and Toxics and for the
endocrine disruptor program at not less than the fiscal year
2015 level.
Water: Ecosystems.--The agreement includes $47,788,000 and
the Agency shall allocate funds consistent with fiscal year
2015. In addition, the Committees direct EPA to use the funds
provided to accelerate the processing of mining permits with
the Corps of Engineers. Further, the Committees direct EPA,
in consultation with the Corps of Engineers, to continue to
report monthly on the number of Section 404 permits under
EPA's review, consistent with the direction under this
heading in House Report 114-170. Additionally, the Agency is
directed to provide $600,000 to each National Estuary Program
(NEP) funded under Section 320 of the Clean Water Act.
Water: Human Health Protection.--The agreement includes
$98,507,000. The proposed elimination of the beach program
has been rejected and funding is maintained at the fiscal
year 2015 level.
Water Quality Protection.--The agreement includes
$210,417,000 and the Agency shall allocate funds consistent
with fiscal year 2015.
Additional Guidance.--The agreement includes the following
additional guidance:
Combined Sewer Overflows.--The agreement includes bill
language related to sewage discharges into the Great Lakes
and no further directives. The Committees urge the Agency to
expeditiously complete the study required by P.L. 113-235.
Conflicts of Interest.--The Agency has not yet resolved
long-standing questions regarding conflicts of interest that
have spanned multiple Administrations. For fiscal year 2016,
the Administrator shall develop a policy statement on science
quality and integrity that shall be adhered to by the Science
Advisory Board (SAB) and all Board members. Such policy
statement shall be consistent with the Federal Advisory
Committee Act, the Ethics in Government Act, and all other
applicable Federal laws and regulations. EPA's policy
statement should include goals on increasing membership from
States and tribes who are often underrepresented, as noted in
the May 2014 National Academy of Sciences review of EPA's
IRIS program. Should the Administrator decide that financial-
related metrics are appropriate to identify conflicts-of-
interest or bias, then EPA's policy shall also include an
evaluation of potential bias based on a variety of factors
including receipt of former and current Federal grants or
public statements or positions as well as other appropriate
safeguards to ensure balance amongst SAB and other advisory
board experts. In addition, the policy statement shall
include direction on the treatment of public comments and
responses to such comments.
When complete, the Committees direct EPA to submit the
draft policy statement to the U.S. Government Accountability
Office (GAO) for review of the updated conflict of interest
policy, policy for committee composition and balance, and
eligibility requirements for service on the SAB that will
ensure fairness and objectivity. GAO shall determine if the
updated policies meet the intent of the directives above and,
if so, shall certify to the Committees on Appropriations that
EPA's conflict of interest policies offer a balanced
framework. The Agency is directed to submit these required
documents to GAO for review no later than 90 days from the
date of enactment of this Act.
Gold King Mine.--The Committees are concerned about the
impacts following the Gold King Mine Spill on August 5, 2015
and believe long-term monitoring efforts are an important
need following this event. Further, the Committees are
concerned that EPA's monitoring plan does not have the full
support from impacted States and tribes. Therefore, EPA is
directed to coordinate with impacted States and tribes on
development of a robust, long-term plan for independent
monitoring. With existing funds, the Agency is directed to
continue to seek ways to provide States and tribes with
support for their contribution to monitoring efforts.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The bill provides $3,674,000 for the Hazardous Waste
Electronic Manifest System Fund. The Committees continue to
support the expeditious development of a system that would
allow for the electronic tracking of hazardous waste
shipments pursuant to P.L. 112-195. As anticipated costs
continue to exceed authorized levels, the Committees direct
EPA to work with appropriate Committees to extend the
authorization for appropriations beyond fiscal year 2015 and
provide estimates of costs to operate the system once built.
OFFICE OF INSPECTOR GENERAL
The bill provides $41,489,000 for the Office of Inspector
General.
BUILDINGS AND FACILITIES
The bill provides $42,317,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,088,769,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $9,939,000 to the Office of Inspector General
account and $18,850,000 to the Science and Technology
account. The bill provides the following additional
direction:
Superfund Cleanup.--The Committees understand the funding
is insufficient to eliminate the backlog of unfunded new
starts but the Committees expect the Agency will use funds
provided to initiate remediation at highly contaminated,
orphan sites and support remedial pipeline activities that
are critical prior to construction.
Financial Assurance.--Prior to proposing any rule pursuant
to section 108(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9608(b)), the Administrator is directed to collect and
analyze information from the commercial insurance and
financial industries regarding the use and availability of
necessary instruments (including surety bonds, letters of
credit and insurance) for meeting any new financial
responsibility requirements and to make that analysis
available to the House and Senate Committees on
Appropriations and to the general public on the Agency
website 90 days prior to a proposed rulemaking. In addition,
the analysis shall include the Agency's plan to avoid
requiring financial assurances that are duplicative of those
already required by other Federal agencies.
Lead at Superfund Sites.--The agreement includes the
directive in the House and Senate Reports that the Agency
contract with the National Academy of Sciences to conduct a
study of lead at Superfund sites. The agreement narrows the
scope of the study to Superfund sites within, adjacent or
proximal to the nation's largest lead mining districts. The
Agency's authority shall not be impacted during the pendency
of the study.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $91,941,000 for the Leaking Underground
Storage Tank Trust Fund Program.
INLAND OIL SPILL PROGRAMS
The bill provides $18,209,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
The bill provides $3,518,161,000 for the State and Tribal
Assistance Grants (STAG) program and includes the following
specific funding levels and direction:
Diesel Emissions Reductions Grants (DERA).--The bill
provides $50,000,000 for DERA grants. The Agency shall
continue to make at least 70 percent of DERA grants available
to improve air quality in non-attainment areas. The
Committees encourage EPA to provide a third report to
Congress prior to January 1, 2016, that includes the analysis
requested in Public Law 111-364.
Targeted Airshed Grants.--The bill provides $20,000,000 for
targeted airshed grants to reduce air pollution in non-
attainment areas. These grants shall be distributed on a
competitive basis to non-attainment areas that EPA determines
are ranked as the top five most polluted areas relative to
annual ozone or particulate matter 2.5 standards as well as
the top five areas based on the 24-hour particulate matter
2.5 standard where the design values exceed the 35
g/m3 standard. To determine these areas, the Agency
shall use the most recent design values calculated from
validated air quality data. The Committees note that these
funds are available for emission reduction activities deemed
necessary for compliance with national ambient air quality
standards and included in a State Implementation Plan
submitted to EPA. Not later than the end of fiscal year 2016,
EPA should provide a report to the Committees on
Appropriations that includes a table showing how fiscal year
2015 and 2016 funds were allocated. The table should also
include grant recipients and metrics for anticipated or
actual results.
Categorical Grants.--The bill provides $1,081,041,000 for
Categorical Grants and funding levels are specified in the
table at the end of this division. The Agency shall allocate
radon grants in fiscal year 2016 following the direction in
House Report 114-170. The amount also includes $228,219,000
for the State and Local Air Quality Management grant program,
and the Agency is directed to allocate funds following the
direction for this program in Senate Report 114-70.
Multipurpose Grants to States and Tribes.--The bill
provides $21,000,000 for grants to States and tribes to
assist with the implementation of environmental programs.
[[Page H10221]]
Funds allow States and tribes to have the flexibility to
direct resources for the implementation of high priority
activities, including the processing of permits, which
complement programs under established environmental statutes.
EPA is directed to allocate these funds by formula to States
and tribes no later than 180 days from the date of enactment
of this Act.
Use of Iron and Steel.--The bill includes language in Title
IV General Provisions that stipulates requirements for the
use of iron and steel in State Revolving Fund projects. The
agreement includes only the following guidance. The
Committees acknowledge that EPA may issue a waiver of said
requirements for de minimis amounts of iron and steel
building materials. The Committees emphasize that any coating
processes that are applied to the external surface of iron
and steel components that otherwise qualify under the
procurement preference shall not render such products
ineligible for the procurement preference regardless of where
the coating processes occur, provided that final assembly of
the products occurs in the United States.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The bill includes language that addresses the collection
and expenditure of pesticide fees, allows cooperative
agreements to tribes, allows transfer of funds for the Great
Lakes Restoration Initiative, and authorizes amounts for one-
time facility repairs.
Cybersecurity.--The bill provides $27,000,000 to be used to
meet Federal requirements for cybersecurity implementation.
Rescission.--The bill rescinds $40,000,000 of unobligated
balances from the State and Tribal Assistance Grants account.
The Agency is directed to rescind $8,000,000 in unobligated
balances from prior year administrative set asides and
$32,000,000 shall be derived from new obligational authority
provided in the State and Tribal Assistance Grants
appropriation account. The Agency shall calculate the
requisite percent reduction necessary to rescind $32,000,000
of new obligational authority and apply it across program
areas by formula. Thirty days prior to executing the
rescission, the Agency shall submit a report to the
Committees on Appropriations detailing the amount of
rescission by program project.
Restrictions on Certain Communications.--The agreement does
not include revised language contained in Section 401 of the
Senate bill regarding the use of appropriations by agencies
for publicity or propaganda in support or opposition to
proposed regulations or administrative actions. On December
14, 2015, the Government Accountability Office (GAO)
concluded that the Environmental Protection Agency (EPA), in
association with its Waters of the United States rulemaking,
violated existing prohibitions against publicity or
propaganda and grassroots lobbying contained in prior
appropriations acts. Because EPA expended funds in violation
of these prohibitions, the GAO further concluded that EPA
violated the Antideficiency Act. In addition to the reporting
requirements that are required as a result of this
Antideficiency Act violation, EPA is directed to coordinate
with the Office of Management and Budget to ensure that GAO's
findings are disseminated to communications offices
throughout the government.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Forest Service Directives.--The Forest Service is reminded
of the importance of the directives included in House Report
114-170 and Senate Report 114-70 not addressed herein, as
well as the new directives in this statement, including the
Front Matter.
FOREST AND RANGELAND RESEARCH
The agreement provides $291,000,000 for Forest and
Rangeland Research. This includes $75,000,000 for Forest
Inventory and Analysis (FIA), which is sufficient to expand
FIA to interior Alaska.
The Service is directed to continue to prioritize research
on white-nose syndrome in bats. The Service also is directed
to provide a report, such as is prepared each year by the
Agricultural Research Service, to the House and Senate
Committees on Appropriations in conjunction with the
transmission of the fiscal year 2017 budget request, that
describes its research program in detail. The report should
include information on each research laboratory, including
their relationship to the research stations, their goals and
purpose, the funding provided for each of the previous five
fiscal years, the funding proposed to be provided in fiscal
year 2017, the allocation of funding between research and
administrative costs, the allocation of funding and projects
between in-house and extramural research, the number of
scientists and support staff, and major accomplishments. The
report also should include similar information for each
research station.
STATE AND PRIVATE FORESTRY
The agreement provides $237,023,000 for State and Private
Forestry. The following directions are also provided:
Forest Legacy.--The bill provides $62,347,000 for the
Forest Legacy program. This includes $6,400,000 for program
administration and $55,947,000 for projects. The Service
should fund projects in priority order according to the
competitively selected national priority list submitted by
the Forest Service as part of its fiscal year 2016 budget
request.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,509,364,000 for the National
Forest System. The following directions are also provided:
Integrated Resource Restoration (IRR).--The agreement
continues the IRR pilot in Regions 1, 3, and 4. As previously
noted in the House and Senate reports, there remains concern
about the lack of tangible accomplishments produced by IRR
projects to date, and as such, the agreement rejects the
proposal to expand IRR to the entire Forest Service. Absent
tangible accomplishments, an expansion of the IRR program is
unlikely to be accepted in the future.
Rangeland Management.--The Service is directed, to the
greatest extent practicable, to make vacant grazing
allotments available to a holder of a grazing permit or lease
when lands covered by the holder of the permit or lease are
unusable because of drought or wildfire.
Recreation, Heritage and Wilderness.--The agreement
provides $261,719,000 for recreation, heritage and
wilderness.
Vegetation and Watershed Management.--The agreement
provides $184,716,000 for vegetation and watershed management
activities, of which no less than $5,400,000 is to implement
authorities granted by section 8204 of the Agricultural Act
of 2014.
Law Enforcement Operations.--The Service is expected to
increase its efforts regarding illegal marijuana cultivation
on public lands within the funds provided.
Bighorn Sheep Conservation.--In order to ensure the Nation
does not lose its domestic sheep industry or bighorn sheep
conservation legacy, the Service and the Bureau of Land
Management shall implement a variety of solutions, including
the following directives: The agencies are directed to
complete risk of contact analyses using appropriate data
sources, such as from the Western Association of Fish and
Wildlife Agencies, and to share the findings with the public.
The Service is expected to engage the Agricultural Research
Service to ensure the best scientific understanding of where
disease transmission occurs and the degree of that risk and
to assist the Forest Service with identifying all allotments
that are suitable for sheep grazing. The Service and Bureau
of Land Management also are directed to identify and
implement actions to resolve issues on allotments with a high
risk of disease transmission, including, if agreeable to the
directly affected stakeholders, the relocation of domestic
sheep to allotments with a low risk, pending any site-
specific environmental analysis. Together, the agencies are
encouraged to convene a meeting of stakeholders interested in
collaborating on strategies and solutions to address the risk
of disease transmission and to report to the Committees on
implementation of these directives within 60 days of
enactment of this Act.
The Service is reminded of the guidance provided in Senate
Report 114-70 regarding the Mark Twain National Forest, the
Collaborative Forest Landscape Restoration Fund, and the
Tongass National Forest young growth inventory and other
Region 10 activities.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $364,164,000 for Capital Improvement
and Maintenance programs offset by a $16,000,000 scoring
credit related to the road and trail fund.
LAND ACQUISITION
The agreement provides $63,435,000 for Land Acquisition.
The amounts recommended by this bill compared with the budget
estimates by activity are shown in the table below, listed in
priority order pursuant to the budget request for fiscal year
2016. Prior to proceeding with any Pacific Crest National
Scenic Trail acquisitions, the Service is directed to submit
to the Committees a list of specific parcels for Committee
approval. The Service is expected to use the Critical
Inholdings/Wilderness account to acquire high priority lands,
such as wilderness and lands of significant value in
designated conservation units, to consolidate Federal
ownership. Further instructions are contained under the Land
and Water Conservation Fund heading in the front of this
explanatory statement.
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Project Forest Units Budget Request This Bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
CO.................................... Upper Rio Grande......... Rio Grande............... $5,000,000 $5,000,000
CA.................................... Hurdygurdy............... Six Rivers............... 700,000 700,000
UT.................................... Wasatch Watersheds-- Uinta-Wasatch-Cache...... 2,320,000 2,320,000
Bonneville Shoreline
Trail.
NC.................................... North Carolina's Pisgah................... 1,250,000 1,250,000
Threatened Treasures.
NC.................................... North Carolina's Uwharrie................. 450,000 440,000
Threatened Treasures.
MT.................................... High Divide.............. Beaverhead-Deerlodge..... 1,525,000 1,525,000
[[Page H10222]]
ID.................................... High Divide.............. Caribou-Targhee.......... 1,625,000 1,625,000
ID.................................... High Divide.............. Frank Church River of No 425,000 425,000
Return Wilderness.
ID.................................... High Divide.............. Sawtooth................. 2,500,000 2,500,000
CA.................................... Sierra Nevada Eldorado................. 1,400,000 1,100,000
Checkerboard.
CO.................................... Toll Properties.......... Roosevelt................ 800,000 800,000
TN.................................... Tennessee Mountains...... Cherokee................. 1,635,000 1,635,000
MO.................................... Current River............ Mark Twain............... 2,070,000 2,070,000
VA/WV................................. Rivers of the Chesapeake. George Washington and 1,990,000 1,990,000
Jefferson.
AZ.................................... Fossil Creek............. Coconino................. 1,000,000 1,000,000
MN.................................... Minnesota Northwoods..... Chippewa................. 2,175,000 2,175,000
MN.................................... Minnesota Northwoods..... Superior................. 515,000 515,000
FL.................................... Florida Longleaf Osceola.................. 3,900,000 3,900,000
Initiative.
WA.................................... National Trails.......... Pacific Crest NST........ 3,000,000 3,000,000
CA.................................... National Trails.......... Pacific Crest NST........ 200,000 200,000
WY.................................... Upper Gros Ventre........ Bridger-Teton............ 1,000,000 1,000,000
OR.................................... Pacific Northwest Streams Umatilla................. 840,000 840,000
OR.................................... Pacific Northwest Streams Wallowa-Whitman.......... 550,000 550,000
WY.................................... Greater Yellowstone Area. Bridger-Teton............ 1,025,000 1,025,000
CA.................................... Castle Crags............. Shasta-Trinity........... 2,800,000 2,800,000
ID.................................... High Divide.............. Sawtooth................. 2,300,000 2,300,000
MT.................................... High Divide.............. Beaverhead-Deerlodge..... 200,000 200,000
MI.................................... Great Lakes--Northwoods.. Ottawa................... 1,800,000 1,800,000
Additional Project ......................... 2,255,000 0
Requests.
-----------------------------------------------------------
Subtotal, Acquisitions... ......................... 47,250,000 44,685,000
Acquisition Management... ......................... 8,500,000 8,500,000
Cash Equalization........ ......................... 250,000 250,000
Recreational Access...... ......................... 5,000,000 8,000,000
Critical Inholdings/ ......................... 2,000,000 2,000,000
Wilderness.
-----------------------------------------------------------
Total, FS Land ......................... 63,000,000 63,435,000
Acquisition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The agreement provides $950,000 for the Acquisition of
Lands for National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The agreement provides $216,000 for the Acquisition of
Lands to Complete Land Exchanges.
RANGE BETTERMENT FUND
The agreement provides $2,320,000 for the Range Betterment
Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The agreement provides $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The agreement provides $2,500,000 for the Management of
National Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $2,386,329,000 for Forest Service
Wildland Fire Management, which is $53,031,000 above the
fiscal year 2015 enacted level. Of the funds provided,
$811,000,000 is for suppression operations, which combined
with $823,000,000 in the FLAME Wildfire Suppression Reserve
Fund provides a total of $1,634,000,000 for Forest Service
fire suppression activities. This amount exceeds the ten-year
average by $508,000,000 to provide additional resources, as
requested, based on up-to-date forecasting models.
Hazardous Fuels Management.--The agreement provides
$375,000,000 for hazardous fuels management activities, which
is $13,251,000 above the fiscal year 2015 enacted level.
Within this amount, $15,000,000 is for biomass utilization
grants, which the Service is expected to use for the
development of products that will expand commercial markets
for low-value wood to facilitate increased removal of biomass
beyond traditional fuel treatments.
Fire Suppression Aviation.--The Service is directed to
evaluate and provide the House and Senate Committees on
Appropriations evidence of the cost savings expected to
result from the acquisition of Federal aircraft. The
evaluation should include costs charged to the Forest Service
as well as those charged to other Federal agencies so that
the Committees have an accurate accounting of the actual cost
of Federal ownership compared with the utilization of private
contractors.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $823,000,000 for the FLAME Wildfire
Suppression Reserve Fund.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The agreement provides $3,566,387,000 for Indian Health
Services. In addition to the table at the end of this
explanatory statement, the agreement includes the following
instructions:
The agreement includes a $12,916,000 increase for the
staffing of newly opened health facilities. This includes
full funding of the Southern California Youth Treatment
Center and the Choctaw Alternative Rural Healthcare Center
(JV) as requested. Funds for the staffing of new facilities
are limited to facilities funded through the Health Care
Facilities Construction Priority System or the Joint Venture
Construction Program that have opened in fiscal year 2015 or
will open in fiscal year 2016. None of these funds may be
allocated to a facility until such facility has achieved
beneficial occupancy status.
The agreement includes requested pay costs along with a
$10,000,000 program increase for the alcohol and substance
abuse program to focus on tribal youth, a $1,400,000 program
increase for Dental Health, and $2,000,000 for operating
shortfalls at community health clinics.
The agreement includes a $1,137,000 program increase for
Urban Indian Health. The agency is directed to include
current services estimates for Urban Indian Health in future
budget requests. The Committees note the agency's failure to
report the results of the needs assessment directed by House
Report 111-180. Therefore, the recommendation includes bill
language requiring a program strategic plan developed in
consultation with urban Indians and the National Academy of
Public Administration.
The Committees are concerned about loss and potential loss
of CMS accreditation status at multiple IHS-operated
facilities. These facilities are all located within the same
Service Area, suggesting that the problems are systemic.
Whatever the causes, the Committees consider the loss of
accreditation to be an emergency. The agreement therefore
includes $2,000,000 in new, flexible funding so that the
Director may take actions necessary to ensure that CMS
accreditation status is reinstated and retained, and, once
accreditation has been reinstated, to restore third-party
insurance reimbursement shortfalls.
CONTRACT SUPPORT COSTS
The agreement provides an indefinite appropriation for
contract support costs estimated to be $717,970,000, which is
an increase of $55,000,000 above the fiscal year 2015 enacted
level. The budget request proposed to fund this program
within the ``Indian Health Services'' account. Under this
heading the Committees have provided the full amount of the
request for contract support costs. By virtue of the
indefinite appropriation, additional funds may be provided by
the agency if its budget estimate proves to be lower than
necessary to meet the legal obligation to pay the full amount
due to tribes. This account is solely for the purposes of
paying contract support costs and no transfers from this
account are permitted for other purposes.
INDIAN HEALTH FACILITIES
The agreement provides $523,232,000 for Indian Health
Facilities. In addition to the table at the end of this
explanatory statement, the agreement includes the following
instructions:
The agreement includes a $1,241,000 increase for the
staffing of the newly opened health facilities noted under
the previous heading. The stipulations included in the
``Indian Health Services'' account regarding the allocation
of funds pertain to this account as well.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The agreement provides $77,349,000 for the National
Institute of Environmental Health Sciences.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The agreement provides $74,691,000 for the Agency for Toxic
Substances and Disease Registry.
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OTHER RELATED AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The agreement provides $3,000,000 for the Council on
Environmental Quality and Office of Environmental Quality.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
The agreement provides $11,000,000 for the Chemical Safety
and Hazard Investigation Board.
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $15,000,000 for the Office of Navajo
and Hopi Indian Relocation. The increase above the budget
request is to reduce the backlog of certified applicants
awaiting relocation benefits.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT
PAYMENT TO THE INSTITUTE
The agreement provides $11,619,000 for the Institute of
American Indian and Alaska Native Culture and Arts
Development, as requested.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
The agreement provides a total of $840,243,000 for all
Smithsonian Institution accounts, of which $696,045,000 is
provided for salaries and expenses. The recommendation
provides sufficient funds for staffing and maintenance needs
to ensure the timely completion and opening of the National
Museum of African American History and Culture in 2016. The
Committees understand the importance of collaboration and
encourage the National Zoological Park to form partnerships
with external sources to augment research and training needs.
The Committees maintain their longstanding commitment to the
preservation of priceless, irreplaceable Smithsonian
collections and have provided funds, as requested, for
collections care and preservation. The Committees provide
funds as requested for the Institution's Latino initiatives
and support the Smithsonian Latino Center's goal of promoting
the inclusion of Latino contributions in Smithsonian
Institution programs, exhibitions, collections, and public
outreach. The Committees continue to urge collaboration
between the Smithsonian Latino Center and appropriate Federal
and local organizations in order to advance these goals and
expand the American Latino presence at the Institution.
Further, the Committees provide funds as requested for the
Institution's Asian Pacific American initiatives and continue
to support the Institution's efforts of developing programs
and expanding outreach to promote a better understanding of
the Asian Pacific American experience.
FACILITIES CAPITAL
The agreement provides $144,198,000 for the Facilities
Capital account. The Committees continue to encourage the
Institution to invest in innovative energy saving
technologies and design features for new construction,
renovation, and maintenance plans. The Institution is
directed to submit to the House and Senate Committees on
Appropriations, within 60 days of enactment of this Act, a
detailed list and description of projects funded within the
Facilities Capital account.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
The agreement provides $124,988,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,578,000 is for the special exhibition program.
This funding will allow the entire National Gallery to be
open to the public for its 75th anniversary.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
The agreement provides $22,564,000 for the Repair,
Restoration, and Renovation of Buildings account, which will
allow critical fire protection and life safety improvements
to continue.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
The agreement provides $21,660,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The agreement provides $14,740,000 for the Capital Repair
and Restoration account.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
The agreement provides $10,500,000 for the Woodrow Wilson
International Center for Scholars.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
The agreement provides $147,949,000 for the National
Endowment for the Arts (NEA). Within funds provided, the
Committees urge the NEA to support programs presently funded
including arts therapy and engagement treatment programs for
service members. The Committees commend the NEA for its work
through its Healing Arts Partnership program with Walter Reed
National Military Medical Center and Fort Belvoir Community
Hospital to incorporate arts therapy into the treatment of
active-duty military patients and their families. The
Committees urge State arts agencies, which have a
longstanding collaborative relationship with the NEA, to
explore providing arts therapy programs to service members
and their families at the local level. The Committees direct
that priority be given to providing services and grant
funding for projects, productions, or programs that encourage
public knowledge, education, understanding, and appreciation
of the arts. The Committees maintain support for the 40
percent allocation for State arts agencies as proposed in the
NEA's budget. Any reduction in support to the States for arts
education should be no more than proportional to other
funding decreases taken in other NEA programs.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
The agreement provides $147,942,000 for the National
Endowment for the Humanities (NEH). The Committees commend
the NEH for its support of grant programs to benefit Wounded
Warriors and to ensure educational opportunities for American
heroes transitioning to civilian life. The Committees commend
the NEH Federal/State partnership for its ongoing, successful
collaboration with State humanities councils in each of the
50 States as well as Washington, DC, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and American Samoa. The
Committees urge the NEH to provide program funding to support
the critical work of State humanities councils consistent
with guidance provided in the Consolidated and Further
Continuing Appropriations Act, 2015 (P.L. 113-235).
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
The agreement provides $2,653,000 for the Commission of
Fine Arts.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
The agreement provides $2,000,000 for the National Capital
Arts and Cultural Affairs program.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The agreement provides $6,080,000 for the Advisory Council
on Historic Preservation.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
The agreement provides $8,348,000 for the National Capital
Planning Commission.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
Holocaust memorial museum
The agreement provides $54,000,000 for the United States
Holocaust Memorial Museum.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES
The agreement provides $1,000,000 for the Salaries and
Expenses account, with only the following guidance: The
Committees strongly support the construction of a permanent
memorial to Dwight D. Eisenhower. The Committees recognize
the memorial has obtained the required approvals for the
design and construction; however, concerns raised by Congress
and the Eisenhower family regarding the memorial design still
remain. The Committees believe expeditious resolution of
these issues between interested stakeholders to achieve
consensus on the memorial design is critical. No funds have
been appropriated to the Capital Construction account for
fiscal year 2016. The agreement includes in Section 419 of
Title IV General Provisions bill language contained in the
Continuing Appropriations Act, 2016 (P.L. 114-53). This
language extends the memorial's site authority and prevents
commencement of memorial construction until all necessary
construction funds have been appropriated.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes various legislative provisions in
Title IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2016.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
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Section 410 continues a provision addressing timber sales
involving Alaska western red and yellow cedar.
Section 411 continues a provision which prohibits no-bid
contracts.
Section 412 continues a provision which requires public
disclosure of certain reports.
Section 413 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 414 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 415 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of
appropriations.
Section 416 requires the President to submit a report to
the Committees on Appropriations no later than 120 days after
submission of the fiscal year 2017 budget request describing
Federal agency obligations and expenditures for climate
change programs in fiscal years 2015 and 2016.
Section 417 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 418 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 419 continues a provision modifying authorities
relating to the Dwight D. Eisenhower Memorial Commission.
Section 420 prohibits the use of funds to regulate the lead
content of ammunition or fishing tackle.
Section 421 continues a provision through fiscal year 2017
authorizing the Secretary of the Interior and the Secretary
of Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 422 extends the authorization for the Chesapeake
Bay Initiative.
Section 423 extends certain authorities through fiscal year
2016 allowing the Forest Service to renew grazing permits.
Section 424 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 425 establishes notification requirements for the
Great Lakes.
Section 426 reauthorizes for one year the Great Lakes
Restoration Initiative.
Section 427 reauthorizes funding for one year for the John
F. Kennedy Center for the Performing Arts.
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DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
In implementing this agreement, the Departments and
agencies should be guided by the language and instructions
set forth in House Report 114-195 accompanying the House
bill, H.R. 3020, and Senate Report 114-74 accompanying the
Senate bill, S. 1695.
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.
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 Committee 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
State Grants.--Governors are expected to utilize the
reserve for innovative, cost-effective programs consistent
with the Workforce Innovation and Opportunity Act (WIOA) to
meet unique or pressing workforce needs in their states, to
foster constructive partnerships to the benefit of job-
seekers and employers, to effectively respond to unforeseen
dislocations or local shortfalls, and to improve overall
program performance as measured by the new uniform
performance measurement system established by WIOA.
Dislocated Worker National Reserve.--The funding provided
may be used for National Dislocated Worker Grants, technical
assistance, demonstrations, and other activities as
authorized by WIOA. The agreement provides $19,000,000
requested in the fiscal year 2016 budget for grants under the
authority of WIOA to provide job training and services for
workers dislocated from the coal industry.
Reintegration of Ex-Offenders.--Within funds to provide
services for young ex-offenders and school dropouts in high-
poverty communities with high crime rates, the Department is
also directed to consider the needs of communities that have
recently experienced significant unrest.
Apprenticeship.--The agreement includes $90,000,000 for
Registered Apprenticeship grants and capacity building as
requested in the fiscal year 2016 budget.
Job Corps
In light of recent events, significant concerns remain
regarding the safety of students on Job Corps campuses.
Efforts on the part of the Employment and Training
Administration (ETA) to review and address these concerns are
appreciated. ETA is directed to work with center operators
and other appropriate entities to identify and implement
improvements across the Job Corps system to improve the
safety of students and maintain safe and effective learning
environments.
State Unemployment Insurance and Employment Service Operations
The agreement includes $67,653,000 for the One-Stop Career
Centers and Labor Market Information activity, including
$7,500,000 for the new occupational licensing State
consortium initiative as described in Senate Report 114-74.
Office of Labor Management Standards
The agreement does not provide funding for the proposed
Electronic Labor Organization Reporting System Modernization
project.
Occupational Safety and Health Administration
Significant concerns remain about the Occupational Safety
and Health Administration's (OSHA) use of guidance documents
to change longstanding OSHA policy. In June and July of 2015,
OSHA issued three guidance documents related to Executive
Order 13650, ``Improving Chemical Facility Safety and
Security.'' They are Process Safety Management of Highly
Hazardous Chemicals and Covered Concentrations of Listed
Appendix A Chemicals, RAGAGEP in Safety Process Management
Enforcement, and PSM Retail Exemption Interim Enforcement
Policy. These along with other OSHA ``letters of
interpretation'' attempt to change prevailing agency policies
without proposing regulatory changes under the requirements
of the Administrative Procedures Act (5 U.S.C. 551 et. seq.).
OSHA has issued letters of interpretation on substantive
policy matters that leave the agency open to liability that
can be avoided by going through the proper rulemaking
process, including notice and period of public comment. OSHA
is expected to implement agency policy changes through the
formal regulatory process. As such, the agreement directs
that the revised enforcement policy relating to the exemption
of retail facilities from coverage of the Process Safety
Management of Highly Hazardous Chemicals standard (29 CFR 191
0.119(a)(2)(i)) issued by the Occupational Safety and Health
Administration on July 22, 2015, shall not be enforced nor
deemed by the Department of Labor to be in effect in fiscal
year 2016 until: the Bureau of the Census establishes a new
North American Industry Classification System code under
Sector 44-45 Retail Trade for Farm Supply Retailers, and the
Secretary of Labor, acting through the Assistant Secretary of
Labor for Occupational Safety and Health, has carried out all
notice and comment rulemaking procedures and invited
meaningful public participation in the rulemaking.
OSHA is directed to continue to provide notification to the
Committees on Appropriations of the House of Representatives
and the Senate 10 days prior to the announcement of any new
National, Regional or Local Emphasis Program including the
circumstances and data used to determine the need for the
launch of a new Program.
Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) is
directed to provide assistance and data necessary for the
National Academy of Sciences study provided in the Centers
for Disease Control and Prevention, National Institute of
Occupational Safety and Health account. MSHA is directed to
report to the Committees on Appropriations of the House of
Representatives and the Senate and authorizing committees of
jurisdiction within 72 hours of determining that compliance
rates under the new sampling protocols taking effect in 2016
fall below 95 percent, and to provide such committees with
quarterly reports on actual compliance rates under the new
coal dust rule.
Bureau of Labor Statistics
The Bureau of Labor Statistics shall submit a report to
Congress within one year of enactment of this Act on the
Bureau's efforts to account for and report on all forms of
employment in the current economy, including those working in
small businesses, part-time or temporary workers, those with
fluctuating schedules, and the self-employed.
Office of Disability Employment Policy
The agreement does not incorporate the Office of Disability
Employment Policy (ODEP) into its partner agency, the
Employment and Training Administration. The Department is
directed to evaluate and report to the Committees on
Appropriations of the House of Representatives and the Senate
within 150 days of enactment of this Act on the capacity of
ETA to continue providing leadership, effective policy
development and grant programs, and subject matter expertise
in carrying out the mission of ODEP as proposed in the Senate
bill. The report should also consider the potential
synergies, efficiencies, and other benefits of unifying ODEP
into the direct leadership of ETA along with the broader
workforce training system it oversees. Any potential
organizational challenges, programmatic concerns, or other
issues such an integration might create should also be
discussed. Finally, the report should discuss the
Department's current utilization of the specialized policy
development and analysis resources available from the
National Council on Disability.
Departmental Management
For the Office of the Chief Evaluation Officer, the
agreement includes a direct appropriation of $8,040,000. The
agreement contains language, as proposed by the
Administration, allowing the Office of the Chief Evaluation
Officer to administer grants for the purposes of conducting
evaluations. The authority will allow preeminent research
institutions to qualify and apply for contracts to conduct
rigorous and scientific evaluations of the Department's
programs, projects, and activities. It is hoped that these
evaluations will inform decision-making and lead to improved
program performance and taxpayer value. Language is also
included ensuring that grant competitions for evaluation
contracts are fair and open. Finally, the transfer authority
for the Office of the Chief Evaluation Officer is increased
from 0.5 percent to 0.75 percent.
The administration requested $2,620,000 and 15 full time
staff to initiate an Office of Labor Compliance. This request
is denied by the agreement; no funds in the bill have been
provided for this purpose.
IT Modernization
The agreement includes significant new resources for
information technology (IT) modernization, including a total
of $24,880,000 for IT infrastructure modernization and
$4,898,000 for Departmental Support Systems. The new Digital
Government Integration Platform Initiative is not funded.
General Provisions
Funds requested for a temporary surge capacity to clear the
backlog of permanent labor certification program applications
are available through authority to utilize H-1B fees as
proposed by the Senate. Although funds are available through
September 30, 2017, to accommodate a potential contract
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performance period extending beyond the end of fiscal year
2016, ETA is directed to obligate the funds as expeditiously
as practicable to resolve the backlog.
The bill includes a new provision related to the
competitive award of contracts to operate a Jobs Corps
Civilian Conservation Center.
The agreement includes a new provision related to seasonal
employees offering recreational services on federal lands.
The agreement includes new provisions related to the H-2B
program.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Department is directed to include in its fiscal year
2017 congressional budget justification the amount of expired
unobligated balances available for transfer to the
Nonrecurring Expenses Fund (NEF) and the amount of any such
balances transferred to the NEF. This should include actual
or estimated amounts for the prior, current, and budget
years. The description should include specific projects,
costs, project total cost, and years expected to complete as
well as the specific projects supported in the current year.
Health Resources and Services Administration
HEALTH WORKFORCE
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
provides $875,000 for section 748 authority for the Dental
Faculty Loan Repayment Program. The Health Resources and
Services Administration (HRSA) is directed to publish a new
funding opportunity and then award grants in fiscal year 2016
from the funding provided.
Geriatric Education.--The agreement provides $38,737,000
for Geriatric Education programs. In fiscal year 2015, HRSA
combined the Geriatrics Education Centers program, Geriatric
Training for Physicians, Dentists, and Behavioral/Mental
Health Professionals program, and the Geriatric Academic
Career Awards programs authorized under the Public Health
Service (PHS) Act section 753 with the Comprehensive
Geriatric Education Program authorized under PHS Act section
865 into one competition, the Geriatric Workforce Enhancement
Program. HRSA stated the combined competition would,
``improve health outcomes for older adults by integrating
geriatrics with primary care, maximizing patient and family
engagement, and transforming the healthcare system.''
Therefore, the agreement has consolidated the PHS Act Title
VII Geriatric Program with the PHS Act Title VIII
Comprehensive Geriatric Education program.
MATERNAL AND CHILD HEALTH
Maternal and Child Health Block Grant.--The agreement
includes language setting aside $77,093,000 for Special
Projects of Regional and National Significance (SPRANS). The
agreement provides the following amounts within SPRANS:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Set-aside for oral health............................ $5,000,000
Set-aside for epilepsy............................... 3,642,000
Set-aside for sickle cell disease.................... 2,961,000
Set-aside for fetal alcohol syndrome demo............ 477,000
------------------------------------------------------------------------
Autism and Other Developmental Disorders.--The agreement
provides $47,099,000 for the Autism and Other Developmental
Disorders program and directs that HRSA provide no less than
$28,990,000 for the Leadership Education in
Neurodevelopmental and Related Disabilities (LEND) program.
The increased funding should be used to initiate LEND
programs in States that do not currently have an established
program, yet have a high incidence rate of Autism spectrum
disorders.
Traumatic Brain Injury.--The agreement includes bill
language transferring the Traumatic Brain Injury program from
HRSA to the Administration for Community Living (ACL).
Heritable Disorders Program.--The agreement provides
$13,883,000 for the Heritable Disorders Program, of which
$2,000,000 is provided for newborn screening for Severe
Combined Immune Deficiency and related disorders.
RYAN WHITE HIV/AIDS PROGRAM
Children, Youth, Women, and Families.--The agreement does
not consolidate this program with the Early Intervention
Services program.
HEALTH CARE SYSTEMS
340B Drug Program.--HRSA is requested to provide a briefing
to update the Committees on Appropriations of the House of
Representatives and the Senate on the status of 340B
guidance, the secure website, and covered entities in the
340B drug program.
RURAL HEALTH
Rural Health Outreach.--The agreement provides $63,500,000
for the Rural Health Outreach program, an increase of
$4,500,000 above the fiscal year 2015 level. This program
supports projects that demonstrate new and innovative modes
of outreach in rural areas, such as integration and
coordination of health services. The agreement provides not
more than $12,514,000 for Outreach Service Grants; not more
than $19,412,000 for Rural Network Development Grants; not
less than $10,000,000 for Delta States Network Grant Program;
not more than $2,400,000 for Network Planning Grants; and not
less than $4,148,000 for Small Healthcare Provider Quality
Improvement Grants.
Rural Access to Emergency Devices.--As requested by the
Administration, the agreement does not provide funding for
the Rural Access to Emergency Devices program.
Centers for Disease Control and Prevention
The agreement includes a program level of $7,233,403,000,
which includes $6,326,103,000 in appropriated funds for the
Centers for Disease Control and Prevention (CDC). In
addition, it provides $892,300,000 in transfers from the
Prevention and Public Health (PPH) Fund and $15,000,000 in
Public Health and Social Services Emergency Fund (PHSSEF)
unobligated balances from pandemic influenza supplemental
appropriations.
IMMUNIZATION AND RESPIRATORY DISEASES
The agreement includes a total of $798,405,000 for
Immunization and Respiratory Diseases, which includes
$459,055,000 in discretionary appropriations, $324,350,000 in
transfers from the PPH Fund and $15,000,000 in transfers from
PHSSEF unobligated balances. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Section 317 Immunization Program..................... $610,847,000
Influenza Planning and Response...................... 187,558,000
------------------------------------------------------------------------
Immunizations.--The agreement reiterates the requests for
an updated Section 317 Immunization Program report in the
fiscal year 2017 budget request as noted by the House Report
114-195 and Senate Report 114-74. The agreement includes the
requested $8,000,000 to support the capacity of public health
departments to bill health insurers for immunization
services. Further, the increase above the request is intended
to continue providing a comprehensive program to educate and
inform the public, monitor vaccine effectiveness, account for
the use of Federal and State dollars, decrease ethnic and
racial disparities, build strong outbreak investigation
capacity, improve tracking systems, provide the necessary
support to providers, and support an appropriate level of
vaccine purchases.
Influenza.--The agreement directs the Department to use
$15,000,000 in pandemic influenza supplemental balances to
support CDC's global influenza activity. CDC and the
Department are expected to clearly identify in budget
documents when and how prior year supplemental appropriations
are used.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The agreement includes $1,122,278,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases and Tuberculosis
Prevention. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2016
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...................................... 34,000,000
Sexually Transmitted Infections...................... 157,310,000
Tuberculosis......................................... 142,256,000
------------------------------------------------------------------------
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The agreement includes $579,885,000 for Emerging and
Zoonotic Infectious Diseases, which includes $527,885,000 in
discretionary appropriations and $52,000,000 made available
from amounts in the PPH Fund. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Antibiotic Resistance Initiative..................... $160,000,000
Lab Safety and Quality............................... 8,000,000
Emerging and Zoonotic Core Activities................ 29,840,000
Vector-borne Diseases................................ 26,410,000
Lyme Disease......................................... 10,663,000
Prion Disease........................................ 6,000,000
Chronic Fatigue Syndrome............................. 5,400,000
Emerging Infectious Diseases......................... 147,000,000
Food Safety.......................................... 52,000,000
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
------------------------------------------------------------------------
Antimicrobial Resistance.--The agreement expects a
significant level of support for State and regional lab
capacity and intends for the funds provided to support
programs with measurable goals and objectives which should be
reported annually in the budget request for this program.
Further, CDC is directed to support States in the use of
evidence-based approaches to stop the spread of drug-
resistant bacteria and preserve existing antibiotics. The
agreement directs CDC to coordinate with the Biomedical
Advanced Research and Development Authority (BARDA), the
National Institute for Allergy and Infectious Diseases
(NIAID), and other government agencies and support
collaborations between entities such as academic medical
centers, veterinary schools, schools of public health, State
public health departments, and other academic institutions
whose activities are in line with the Federal strategy for
addressing antibiotic resistant bacteria. CDC shall provide a
detailed spend plan to the Committees on Appropriations of
the House of Representatives and the Senate within 60 days
after enactment of this Act.
[[Page H10283]]
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The agreement includes $1,177,096,000 for Chronic Disease
Prevention and Health Promotion, which includes $838,146,000
in discretionary appropriations, and $338,950,000 made
available from amounts in the PPH Fund. Within this total,
the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Tobacco.............................................. $210,000,000
Nutrition, Physical Activity, and Obesity............ 49,920,000
High Obesity Rate Counties....................... 10,000,000
School Health........................................ 15,400,000
Health Promotion..................................... 14,025,000
Glaucoma......................................... 3,300,000
Visual Screening Education....................... 525,000
Alzheimer's Disease.............................. 3,500,000
Inflammatory Bowel Disease....................... 750,000
Interstitial Cystitis............................ 850,000
Excessive Alcohol Use............................ 3,000,000
Chronic Kidney Disease........................... 2,100,000
Prevention Research Centers.......................... 25,461,000
Heart Disease and Stroke............................. 160,037,000
Diabetes............................................. 170,129,000
National Diabetes Prevention Program................. 20,000,000
Cancer Prevention and Control........................ 356,174,000
Breast and Cervical Cancer....................... 210,000,000
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.................................... 5,500,000
Ovarian Cancer................................... 7,500,000
Prostate Cancer.................................. 13,205,000
Skin Cancer...................................... 2,125,000
Cancer Survivorship Resource Center.............. 475,000
Oral Health.......................................... 18,000,000
Safe Motherhood/Infant Health........................ 46,000,000
Preterm Birth.................................... 2,000,000
Arthritis............................................ 11,000,000
Epilepsy............................................. 8,000,000
National Lupus Patient Registry...................... 6,000,000
Racial and Ethnic Approaches to Community Health 50,950,000
(REACH).............................................
Million Hearts....................................... 4,000,000
National Early Child Care Collaboratives............. 4,000,000
Hospitals Promoting Breastfeeding.................... 8,000,000
------------------------------------------------------------------------
Burden of Disease.--The agreement directs the CDC Director
to implement a population-adjusted burden of disease criteria
as a significant factor for new competitive awards within the
Chronic Disease portfolio for Heart Disease, Stroke, and
Diabetes.
Diabetes, Heart Disease and Stroke.--The agreement provides
a significant increase to support Diabetes, Heart Disease and
Stroke prevention. The agreement expects funding to support
communities with the highest burden of disease, as adjusted
for population, and to use risk factor reduction measures.
The agreement requests a report in the fiscal year 2017
budget request on how funds will be provided to address the
highest burden.
Glaucoma.--The agreement continues to support telemedicine
efforts to identify, detect, treat, and manage people with
glaucoma in order to build on successful research, screening,
and treatment for populations at greatest risk for diseases
such as glaucoma.
Interstitial Cystitis.--The agreement directs the increase
in funding for Interstitial Cystitis to be allocated to
support education, outreach, and public awareness activities.
Obesity.--The agreement requests an update in the fiscal
year 2017 budget request on the evidence-based practices CDC
is undertaking to reduce obesity, which should include
education and outreach related to the role of fruit and
vegetable consumption in reducing obesity in at-risk
populations, including both adult and pediatric populations.
Partnerships to Improve Community Health (PICH).--To lessen
the disruption during PICH close out, the agreement directs
CDC to shift fiscal year 2016 continuation costs to specific
chronic disease budget lines for current activities of
grantees, such as cities, counties, tribal grantees, and
nongovernmental organizations.
Tobacco Prevention.--The agreement provides support for
CDC's comprehensive efforts to reduce tobacco use. The
agreement requests an update in the fiscal year 2017 budget
request identifying all CDC programs that provide support for
tobacco control or prevention activities and requests that
CDC explore ways to reduce duplication with tobacco
prevention programs and activities not funded in the specific
tobacco-funding line. The CDC is urged to coordinate with the
National Institutes of Health (NIH) to identify meritorious
tobacco research opportunities for NIH to consider through
its peer-reviewed process and its existing portfolio funding
level.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The agreement includes $135,610,000 for Birth Defects and
Developmental Disabilities. Within the total for Birth
Defects and Developmental Disabilities, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2016
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.. 54,710,000
Disability & Health.............................. 22,050,000
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............ 4,500,000
Hemophilia CDC Activities............................ 3,500,000
Hemophilia Treatment Centers......................... 5,000,000
Thalassemia.......................................... 2,100,000
------------------------------------------------------------------------
Improving the Health of People with Intellectual
Disabilities.--The CDC Healthy Athletes Initiative was
established in 2002 to support efforts to address the unmet
health care needs of people with intellectual disabilities.
The agreement includes an additional $2,000,000 above the
fiscal year 2015 level to maintain and expand support for
this important initiative.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement includes a total of $491,597,000 for Public
Health Scientific Services in discretionary appropriations.
Within the total for Public Health Scientific Services, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Health Statistics.................................... $160,397,000
Surveillance, Epidemiology, and Informatics.......... 279,000,000
Lab Training..................................... 5,000,000
Public Health Workforce.............................. 52,200,000
------------------------------------------------------------------------
ENVIRONMENTAL HEALTH
The agreement includes $182,303,000 for Environmental
Health programs, which includes $165,303,000 in discretionary
appropriations, and $17,000,000 that is made available from
amounts in 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:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Environmental Health Laboratory...................... $56,000,000
Newborn Screening Quality Assurance Program...... 8,300,000
Newborn Screening/Severe Combined Immuno- 1,200,000
deficiency Diseases.............................
Environmental Health Activities...................... 46,303,000
Environmental Health Activities.................. 17,703,000
Safe Water....................................... 8,600,000
Amyotrophic Lateral Sclerosis Registry........... 10,000,000
Climate Change................................... 10,000,000
Environmental and Health Outcome Tracking Network.... 34,000,000
Asthma............................................... 29,000,000
Childhood Lead Poisoning............................. 17,000,000
------------------------------------------------------------------------
INJURY PREVENTION AND CONTROL
The agreement includes $236,059,000 for Injury Prevention
and Control activities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Intentional Injury................................... $97,730,000
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.................................. 44,430,000
National Violent Death Reporting System.............. 16,000,000
Unintentional Injury................................. 8,800,000
Traumatic Brain Injury........................... 6,750,000
Elderly Falls.................................... 2,050,000
Injury Prevention Activities......................... 28,950,000
Opioid Prescription Drug Overdose.................... 70,000,000
Illicit Opioid Use Risk Factors...................... 5,579,000
Injury Control Research Centers...................... 9,000,000
------------------------------------------------------------------------
Opioid Prescription Drug Overdose (PDO) Prevention
Activity.--The agreement commends CDC for its leadership in
expanding efforts combatting prescription and opioid drug
overdoses. The agreement directs the CDC Director to
implement these activities based on population-adjusted
burden of disease criteria, including mortality data (age
adjusted rate), as significant criteria when distributing
funds for the State PDO Prevention activities. The CDC is
expected to adhere to the conditions identified in the fiscal
year 2015 Appropriations Act and explanatory statement as CDC
expands beyond prescription drugs and into the broader
category of opioids. The agreement assumes these funds will
be distributed via a competitive mechanism and not merely a
mathematical formula or standard allocation to each State.
Surveillance of Heroin.--The agreement directs CDC to
expand surveillance of heroin-related deaths beyond CDC's
current work in HHS's Region 1 and to require applicants for
the PDO Prevention for States Programs to collaborate with
the State's substance abuse agency or agency managing the
State's Prescription Drug Monitoring Program.
Violence Data Collection.--The agreement notes that CDC
should continue its current National Vital Statistics System
and National Violent Death Reporting System (NVDRS) data
collections activities and ensure the activities continue to
comply with funding restrictions. The agreement provides an
increase for NVDRS to support States not previously funded.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
The agreement includes a total of $339,121,000 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 2016
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................ $115,500,000
Agriculture, Forestry, Fishing................... 25,000,000
Education and Research Centers....................... 28,500,000
Personal Protective Technology....................... 20,000,000
Mining Research...................................... 61,300,000
Other Occupational Safety and Health Research........ 112,721,000
National Mesothelioma Registry and Tissue Bank....... 1,100,000
------------------------------------------------------------------------
National Academy of Sciences (NAS) Review.--The agreement
provides $1,800,000 within the Mining Research funding line
and directs the NIOSH Director to charter a NAS review within
90 days of enactment of this
[[Page H10284]]
Act. Specifically the NAS effort should examine and describe:
current monitoring and sampling protocols and requirements to
understand miners' occupational exposure to respirable coal
mine dust in the United States and other industrialized
countries; coal mine dust composition and application
procedures, including the impact of new rock dust mixtures
and regulatory requirements; monitoring and sampling
technologies, and sampling protocols and frequency; and the
efficacy of those technologies and protocols in aiding
decisions regarding the control of respirable coal mine dust
and mine worker exposure. The NAS study will develop science-
based conclusions regarding optimal monitoring and sampling
strategies that support mine operational decision making as
it relates to reducing miner respirable coal mine dust
exposure. It is expected the report will be completed within
12 months after enactment of this Act.
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 no
less than the fiscal year 2015 level.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
The agreement includes $55,358,000 in mandatory funding for
CDC's responsibilities with respect to the Energy Employee
Occupational Illness Compensation Program.
GLOBAL HEALTH
The agreement includes $427,121,000 for Global Health
activities. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program.................................. $128,421,000
Global Immunization Program.......................... 219,000,000
Polio Eradication................................ 169,000,000
Measles and Other Vaccine Preventable Diseases... 50,000,000
Parasitic Diseases/Malaria........................... 24,500,000
Global Public Health Protection...................... 55,200,000
Global Disease Detection and Emergency Response.. 45,400,000
Global Public Health Capacity.................... 9,800,000
------------------------------------------------------------------------
Global Public Health Capacity.--The agreement understands
the importance of CDC's global work to protect Americans at
home and abroad, including collaborating with other nations
to identify, prepare for, investigate and respond to public
health threats. The agreement requests a report, within 90
days after enactment of this Act, for all international
activities funded through this CDC activity to the Committees
on Appropriations of the House of Representatives and the
Senate.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement includes $1,405,000,000 for public health
preparedness and response activities. Within the total for
Public Health Preparedness and Response, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $660,000,000
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......................... 575,000,000
------------------------------------------------------------------------
Technical Assistance.--Within the Public Health Emergency
Preparedness (PHEP) activity, the agreement provides no less
than the fiscal year 2015 level for technical assistance and
directs CDC to use the balance of the increase for the PHEP
cooperative agreements.
Select Agent Program.--The agreement provides a $5,000,000
increase for CDC's Select Agent Program and expects a report
within 120 days after enactment of this Act providing an
update on these efforts.
Strategic National Stockpile (SNS) Replenishment of Medical
Countermeasures.--The agreement notes certain assets in the
SNS will begin to expire soon. The agreement directs the CDC
Director to conduct a review of the current SNS antivirals
supply. The review should include: the current stockpile;
product expiration and/or extension of dating; cost of
replenishment; contract requirements; manufacturing
capability (including capacity and lead production time), and
distribution methods. The CDC is to provide the report within
120 days after the date of enactment of this Act to the
Committees on Appropriations of the House of Representatives
and the Senate. Further, the agreement requests the inclusion
of additional detail pertaining to SNS data in its annual
budget request beginning in fiscal year 2017, including the
total projected costs of expired or expiring SNS assets.
Specifically, the request should identify the projected
percentage allocation of the current and budget request
resources expected to support expiring asset replacement, new
asset purchases, and other operational costs.
BUILDINGS AND FACILITIES
The agreement includes $10,000,000 for Buildings and
Facilities. In addition, the agreement directs unobligated
funds in the Individual Learning Accounts from prior
employees' closed accounts to be used to support the
replacement of the underground and surface coal mine safety
and health research capacity facility.
Demolition.--The agreement provides demolition authority
for fiscal year 2016 to allow CDC to eliminate structures
that are no longer used and have gone beyond their intended
lifespan, such as small modular trailers and storage
facilities. Due to the age and condition of some of the
structures, they pose a significant danger if left in their
current state. By eliminating these structures, the Federal
government will save almost $90,000 per year in maintenance
costs. If this authority is necessary beyond fiscal year
2016, CDC shall request such authority as part of their
annual congressional justification.
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 made available through the
PPH Fund. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Preventative Health and Health Services Block Grant.. $160,000,000
Public Health Leadership and Support................. 113,570,000
------------------------------------------------------------------------
Burden of Disease Review.--The agreement urges CDC and
Center Directors to explore ways to review its programs and
public health activities, where population adjusted burden of
disease is not already being used as a significant factor to
award funds, in order to determine how the programs can use
or increase the use of burden of disease as significant
criteria for awarding, tracking, and evaluating CDC supported
activities.
CDC Budget Policy.--The agreement expects that, unless
provided for differently through this agreement, CDC will
provide advance notification to the Committees on
Appropriations of the House of Representatives and the Senate
if it does not follow the policy, funding source, and levels
described in its budget request.
CDC Director's Discretionary Fund.--The CDC Director shall
provide timely semi-annual reports on all obligations made
with the CDC Director's Discretionary Fund to the Committees
on Appropriations of the House of Representatives and the
Senate and post the end of the year report online within 30
days after it is submitted to such Committees.
CDC Laboratory Safety and Training.--The agreement notes
that CDC established a Laboratory Safety Review Board (LSRB)
to conduct safety reviews of laboratory protocols for work in
biosafety level 3 (BSL-3) and biosafety level 4 (BSL-4)
laboratories. CDC is directed to provide an annual report
beginning in April 2016 that identifies the total number of
CDC laboratories operated or maintained by CDC with a
breakout for all labs, BSL-3 labs, and BSL-4 labs. For each
category, it should identify the number of employees in each
category of laboratory, the number of Standard Operating
Procedures (SOPs), the number of employees who attended the
new biological risk assessments training in the past year,
and the number of SOPs reviewed annually by the LSRB. In
addition, the fiscal year 2017 budget request shall provide a
detailed update on activities that enhance and support CDC
laboratory safety and training.
Cross-cutting Coordination with NIH.--CDC is expected to
provide an update in the fiscal year 2017 budget request on
how CDC's programs coordinate with NIH Institutes and Centers
to share scientific gaps related to activities supported in
NIH research portfolios, reduce duplication of effort, and
prevent overlapping core mission focus area.
Individual Learning Accounts (ILA).--The agreement directs
CDC to allow current employees to continue to expend the
remainder of their ILA balances for employee training. In
addition, the agreement directs each program to use available
resources to provide employee training for all employees, in
lieu of the previously congressionally directed ILA program.
The CDC Director shall provide an annual report, no later
than 60 days after the end of the fiscal year, on the
cumulative dollar amount spent on CDC employee training
activities for the recently closed fiscal year and prior
three fiscal years.
Laboratories.--The CDC is directed to provide a specific
CDC-wide consolidated laboratory funding table in the fiscal
year 2017 budget and future budget requests. The single
consolidated table shall (at a minimum) identify for each
Center and its specific program activities that fund
laboratory activity, funding levels provided to State,
Regional, and other laboratory activity requested, for the
current, and prior three budget years. It should include a
narrative section describing CDC's process to coordinate the
various laboratory funding activities across the Centers to
support laboratory capabilities, upgrades, and other related
initiatives that are linked to measurable laboratory goals
and objectives across CDC. The agreement urges CDC to work
with its State and Regional laboratory partners to explore
ways to consolidate, streamline, and improve the ability for
laboratories to most effectively utilize CDC provided funds.
Respirator Certification Program.--CDC has been operating
the Respirator Certification Program since 1972. Under
Federal law, this program must be self-sustaining, and CDC
must recover the entire costs of services provided for the
examination, inspection, and testing of respirators. The
agreement includes language allowing CDC to have an
additional fiscal year to spend user fees collected late in
the year through the Respirator Certification program.
Reoccurring Reports.--The agreement notes the scope of the
reoccurring reports language in Senate Report 114-74 is
limited to free standing reports requested prior to fiscal
year 2012 but not information requested for inclusion in the
annual budget request.
[[Page H10285]]
Sodium Consumption.--The agreement notes that a growing
body of evidence suggests low sodium consumption can lead to
health problems in healthy individuals. The U.S. and Canadian
governments each established Federal Dietary Reference Intake
(DRI) Committees that work to identify DRI needs and
coordinate government sponsorship of DRI reviews. The DRI's
reflect nutrient reference values, and are based on
significant, new, and relevant data. In August 2014, four
nutrient areas for updated DRIs were selected, including
sodium. The agreement requests an update in the fiscal year
2017 budget request on the timeline and plan for the update
of the DRI for sodium.
Public Health Leadership and Supporting Details.--The
agreement reiterates the request from last year and directs
the CDC Director to include in the fiscal year 2017 and
future budget requests specific details of each budget
activity supported with these funds, including functions,
mission, full time employees, bonus, travel costs, and other
typical object class data and information for each separate
activity supported through the Public Health Leadership and
Support funding line.
National Institutes of Health
The agreement provides $32,084,000,000 for NIH activities
within the jurisdiction of this bill, an increase of
$2,000,000,000. The agreement also includes the budget
request of $200,000,000 for the new Precision Medicine
Initiative (PMI); an increase of $350,000,000 for Alzheimer's
disease research; an increase of $85,000,000 for the Brain
Research through Application of Innovative Neurotechnologies
(BRAIN) Initiative; an increase of $100,000,000 for research
to combat Antimicrobial Resistance; and an increase to every
Institute and Center (IC) to continue investments in
innovative research that will advance fundamental knowledge
and speed the development of new therapies, diagnostics, and
preventive measures to improve the health of all Americans.
The agreement expects NIH to support the number of Ruth L.
Kirschstein National Research Service Awards and other
training grants in proportion to at least the general IC
level funding increase. The agreement expects NIH to provide
a stipend level and inflationary increases to grantees that
is at least consistent with any fiscal year 2016 Federal
employee pay raise.
The agreement continues to support the Clinical and
Translational Science Awards program, the Institutional
Development Award program, and the follow-on to the National
Children's Study in bill language.
The Common Fund is supported as a set-aside within the
Office of the Director at $675,639,000, which includes
$130,000,000 for PMI and $12,600,000 to support pediatric
research as authorized by the Gabriella Miller Kids First
Research Act.
NATIONAL CANCER INSTITUTE (NCI)
Kidney Cancer.--The agreement encourages support of
meritorious scientific research on kidney cancer,
specifically early detection of the disease. The agreement
encourages the NCI to support a Specialized Program of
Research Excellence in kidney cancer and other research
programs for subtypes of kidney cancer, such as papillary and
chromophobe. NCI should provide an update on these efforts in
the fiscal year 2017 budget request.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Alternating Hemiplegia of Childhood (AHC).--The agreement
notes AHC is a rare neurodevelopmental disorder characterized
by repeated episodes of weakness or paralysis that may affect
one side of the body or the other. It is one of several
diseases caused by mutations in the gene ATP1A3. Recently NIH
participated in the 4th Symposium on ATP1A3 in Disease. The
agreement encourages NINDS to support promising research on
AHC and the gene mutation ATP1A3 and to provide a summary of
the recent symposium and associated recommendations in the
fiscal year 2017 budget request.
Hydrocephalus Research.--In June 2014, NINDS held a
conference ``Hydrocephalus: Myths, New Facts, Clear
Directions''' that in part updated the 2005 state of the
science on hydrocephalus research. The agreement requests
NINDS provide a summary of the conference workshop and
associated recommendations in the fiscal year 2017 budget
request.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
Antimicrobial Resistance (AMR).--The agreement provides the
requested increase of $100,000,000 for AMR research. The
NIAID is directed to work with the Biomedical Advanced
Research and Development Authority (BARDA) to develop a joint
plan to address the serious threat of antimicrobial
resistance. NIAID is also directed to work with the Assistant
Secretary for Preparedness and Response on the five-year
spending plan for the medical countermeasure (MCM)
enterprise, which should provide additional detail on NIAID's
biodefense activities, including priorities for MCM
candidates in its portfolio and efforts to transition these
projects to advanced research at BARDA. The agreement also
directs the Department of Health and Human Services to work
with the Departments of Defense, Agriculture, Veterans
Affairs, and the Food and Drug Administration to both track
and store AMR genes and the mobile genetic elements from AMR
bacteria. The Secretary is directed to include an update in
the fiscal year 2017 budget request on the Administration's
progress in implementing the National Strategy for Combating
Antibiotic Resistant Bacteria.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Institutional Development Award (IDeA).--The agreement
provides a significant increase to the IDeA program in
recognition of its success. The agreement anticipates NIH
will maintain at least this percentage in subsequent budget
requests. It also reflects the disappointment of the
Committees on Appropriations of the House of Representatives
and the Senate that NIH ignored Congressional language in
last year's explanatory statement to provide a legislative
plan to update eligibility criteria for the IDeA program. The
agreement restates the direction in last year's explanatory
statement to report to the Committees on Appropriations of
the House of Representatives and the Senate within 60 days
after enactment of this Act legislative language to update
eligibility criteria that specifically incorporates the
Experimental Program to Stimulate Competitive Research
qualifying States into IDeA's criteria.
NATIONAL INSTITUTE ON AGING (NIA)
Alzheimer's Disease.--The agreement includes $936,000,000,
an increase of $350,000,000 above fiscal year 2015, for high
quality research on Alzheimer's disease, subject to the
scientific opportunity presented in the peer review process.
In 2012, the National Plan to Address Alzheimer's Disease was
released to address the major challenges Alzheimer's disease
will pose by 2025. Since then, although Alzheimer's research
has received annual increases for federally funded research,
it is still funded significantly below the annual level
needed to accomplish the goal of the National Plan. NIA is
encouraged to continue addressing the research goals set
forth in the National Plan to Address Alzheimer's Disease, as
well as the recommendations from the Alzheimer's Disease
Research Summit in 2015.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Research Centers in Minority Institutions (RCMIs).--The
agreement continues to support RCMIs and expects the RCMIs to
receive no less than $56,758,601, which is the fiscal year
2015 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).--The
agreement provides $500,000,000 for the CTSA program, an
increase of $25,254,000 above fiscal year 2015, to implement
the recommendations from the 2013 Institute of Medicine
report on CTSA. In particular, the agreement supports the
goal of using CTSA to build networking capacity and support
for innovative collaborative projects. Additional funding is
included to allow the program to retain its merit-based CTSA
funding to institutions while expanding the network capacity
to conduct multi-site clinical studies and collaborative
projects.
OFFICE OF THE DIRECTOR (OD)
The agreement provides, to the extent practicable, to all
the offices and functions within the OD an increase equal to
the general increase provided to the ICs of approximately 4
percent. The agreement maintains the NIH Director's
Discretionary Fund, Challenge Fund and NIH Foundation level
at the fiscal year 2015 levels.
Gabriella Miller Kids First Research Act.--The agreement
continues bill language for specific funds authorized by the
Gabriella Miller Kids First Research Act within the Common
Fund to support the second year of the 10-year Pediatric
Research Initiative. The agreement encourages NIH to
prioritize research relating to childhood cancer within the
program and requests an update in the fiscal year 2017 budget
request on the 10-year program, planned activities, and on-
going research.
Capstone Awards.--NIH is exploring the establishment of new
grants, called Capstone Awards that could promote partnership
between a senior and junior investigator or provide
opportunities for acquiring skills needed for transitioning
to a new role. The agreement requests an update in the fiscal
year 2017 budget request on these efforts, including NIH's
consultations with internal and external constituencies with
a stake in this potential endeavor.
Common Fund.--The agreement notes continued support for the
Common Fund High Risk High Reward (HRHR) programs, such as
the Pioneer, New Innovator, and the Transformative R01
awards. The HRHR awards have shown great success over the
years. The agreement requests an update in the fiscal year
2017 budget request on how HRHR awards are supported through
the Common Fund and across the NIH ICs.
Director's Discretionary Fund (DDF).--The NIH Director
shall provide timely semi-annual reports on all obligations
made with the NIH DDF to the Committees on Appropriations of
the House of Representatives and the Senate and post the end
of the year report online within 30 days after it is
submitted to such Committees.
Multi-institute Research Issues
Anhydramnios.--To augment knowledge about anhydramnios and
related conditions, the Eunice Kennedy Shriver National
Institute for Child Health and Human Development (NICHD) is
planning a science workshop on the biology, pathophysiology,
and clinical aspects of amniotic fluid abnormalities. It is
expected to focus on mechanisms of
[[Page H10286]]
production and regulation of amniotic fluid, possible causes
of anhydramnios, neonatal outcomes, and early diagnostic and
treatment approaches, identifying knowledge gaps for future
research. The agreement requests an update in the fiscal year
2017 budget request on the timeline for the workshop and its
relationship to Human Placenta Project.
BRAIN Initiative.--The agreement continues to strongly
support the BRAIN Initiative. The bill provides $150,000,000,
an increase of $85,000,000 above fiscal year 2015, to be
pooled from various ICs.
Coordination with CDC.--NIH is expected to provide an
update in the fiscal year 2017 budget request on how NIH's
ICs and programs coordinate with the CDC Centers and programs
on cross-cutting initiatives, ensuring they avoid duplication
of effort.
Basic Biomedical Research.--The agreement urges the NIH
Director to continue the traditional focus on basic
biomedical research. The purpose of NIH basic research is to
discover the nature and mechanics of disease, and identify
potential therapeutic avenues likely to lead to its
prevention and treatment. Without this early scientific
investigation, future development of treatments and cures
would be impossible. Basic biomedical research must remain a
key component of both the intramural and extramural research
portfolio at the NIH. The agreement requests NIH provide an
update in the fiscal year 2017 budget request on steps NIH
plans to take to ensure the traditional focus on basic
science is preserved.
Child Abuse and Neglect.--The agreement commends the NIH
and NICHD Pediatric Trauma and Critical Illness Branch's new
initiative to form CAPSTONE Centers for Multidisciplinary
Research and Training in Child Abuse and Neglect. The
agreement encourages all relevant ICs to ensure reviewers
with knowledge and expertise of the subject are included on
appropriate peer review committees.
Enhanced NIH Reporting on Research Spending by Disease and
Affected Populations.--The agreement reiterates the direction
identified in the fiscal year 2015 explanatory statement for
NIH to make public, on an annual basis, enhanced Research,
Condition, and Disease Categorization (RCDC) spending data
with the number of Americans affected by each category of
disease according to CDC or other federally-sourced data. The
agreement directs NIH to include this data as a column for
each category row on the RCDC table page that is available
online and not in a separate file linked to the web page. The
agreement expects available data to be uploaded within 60
days after enactment of this Act. In the rare circumstance,
if data is not readily available, NIH shall provide a plan to
the Committees on Appropriations of the House of
Representatives and the Senate within 60 days of enactment of
this Act to populate the category before the end of fiscal
year 2016. Further, the agreement encourages NIH to add
pediatric cardiomyopathy as a RCDC category.
Grant Review.--The fiscal year 2017 budget request shall
provide an update on NIH policies and procedures to ensure
appropriate review and approval for grants awarded through
the ICs.
National Center for Biotechnology Information (NCBI).--The
agreement includes funding directly to the National Library
of Medicine (NLM) for NCBI to meet the challenge of
collecting, organizing, analyzing, and disseminating the
increasing amounts of data related to research in molecular
biology and genomics and to support the deposit of
manuscripts in PubMed Central under the NIH Public Access
Policy. Providing the increase specifically to NLM, as
opposed to previous years where NLM received funding from
individual ICs for these activities, should improve funding
transparency and enhance NCBI's ability to provide an
integrated, genomic resource for biomedical researchers at
NIH and around the globe.
National Children's Study Follow-on.--The agreement
commends the efforts of NIH to work with the community to
begin to address concerns related to the follow-on to the
National Children's Study. The agreement provides funding in
the OD and expects NIH to continue to move forward based on
the directions provided by the Committees on Appropriations
of the House of Representatives and the Senate.
New Initiatives.--The agreement requests NIH provide a
table in the fiscal year 2017 and future budget requests
reflecting the current year plus five-year planned funding
levels for each of the following initiatives: Building
Infrastructure Leading to Diversity, BRAIN, Big Data, PMI,
CTSA, AMR, Accelerating Medicines Partnership, Human
Microbiome, HRHR, Cures Acceleration Network, Biomedical
Workforce, and new initiatives proposed in fiscal year 2017.
For each initiative, the table should identify, at a minimum,
the planned budget level; a list of participating ICs;
linkage to the NIH-wide strategic plan, and percentage of the
funds focused on basic science.
Precision Medicine Initiative (PMI).--The agreement
supports the new PMI and provides $70,000,000 to NCI and
$130,000,000 in the Common Fund to fund activities in fiscal
year 2016.
Prioritization of Funding.--The agreement expects NIH to
consider burden of disease when setting priorities and
developing strategic plans across its ICs to address
conditions (such as Alzheimer's disease, diabetes, heart
disease, and cancer) with significant opportunity to improve
the current or future health of the American population by
targeting funding toward cures and better treatments.
Further, the agreement expects NIH to prioritize funds on
medical research discovery over outreach and education. The
agreement expects NIH to continue policies to distribute
funding based on the merit of researchers' ideas and
productivity, and to ensure consistent application of
scientific policies between extramural and intramural
researchers. The agreement requests NIH provide an update in
the fiscal year 2017 budget request on how it plans to use
the NIH 5-year scientific strategic plan as part of its
resource allocation process to improve the health of the
American population.
Reproducibility of Scientific Methods.--The agreement notes
that the gold standard of science is the ability to reproduce
a method and finding. There continues to be concern with
reports that some published biomedical research cannot be
easily reproduced. The agreement expects NIH to continue to
stress the importance of experimental rigor and transparency
of reporting of research findings to enhance the ability of
others to replicate them. To the extent practicable, the
agreement requests an update in the fiscal year 2017 budget
request on how NIH is measuring the effectiveness of each
step NIH has taken to develop and implement best practice
guidelines to better facilitate the conduct of replicable
research and research transparency in the reporting of
methods and findings.
Science Education.--The Science Education Partnership
Awards (SEPA) fosters important connections between
biomedical researchers and K-12 teachers and their students.
These connections establish an education pipeline to careers
in biomedical sciences, which is one of the most important
areas of workforce development for the U.S. economy.
Therefore, NIH is directed to continue funding the SEPA
program at no less than last year's level.
Trisomy.--The agreement encourages the NIH to explore the
molecular, cellular, and physiological mechanisms that
predestine individuals born with a third copy of human
chromosome 21 (trisomy 21) to either live with--or be
protected from--a range of diseases that cause nearly 60
percent of deaths today in the U.S. The agreement requests
that NIH submit a report within one year of enactment of this
Act to the Committees on Appropriations of the House of
Representatives and the Senate on the feasibility of a multi-
year study of children and adults with trisomy 21.
Undiagnosed Disease Program (UDP).--The agreement continues
support for the Undiagnosed Disease Network within the UDP,
and requests an update in the fiscal year 2017 budget request
on steps NIH has taken to accelerate discovery and innovation
in the way we diagnose and treat patients with previously
undiagnosed diseases, including its efforts to support data
collection and sharing within the research community.
Further, NIH is encouraged to explore public/private
partnership opportunities and other ways to expand the impact
of the program.
Substance Abuse and Mental Health Services Administration
The agreement continues bill language directing the
Administrator of the Substance Abuse and Mental Health
Services Administration (SAMHSA) to exempt the Mental Health
Block Grant and the Substance Abuse Prevention and Treatment
(SAPT) Block Grant from being used as a source for the PHS
evaluation set-aside in fiscal year 2016, as was done prior
to fiscal year 2012.
MENTAL HEALTH
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Seclusion & Restraint............................ $1,147,000
Youth Violence Prevention........................ 23,099,000
Project Aware State Grants....................... 49,902,000
Mental Health First Aid.......................... 14,963,000
Healthy Transitions.............................. 19,951,000
National Traumatic Stress Network................ 46,887,000
Children and Family Programs..................... 6,458,000
Consumer and Family Network Grants............... 4,954,000
Mental Health System Transformation and Health 3,779,000
Reform..........................................
Project LAUNCH................................... 34,555,000
Primary and Behavioral Health Care Integration... 49,877,000
National Strategy for Suicide Prevention......... 2,000,000
Suicide Lifeline................................. 7,198,000
Garrett Lee Smith--Youth Suicide Prevention-- 35,427,000
States..........................................
Garrett Lee Smith--Youth Suicide Prevention-- 6,488,000
Campus..........................................
American Indian and Alaskan Native Suicide 2,931,000
Prevention 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
Science and Service:
Garrett Lee Smith--Suicide Prevention Resource 5,988,000
Center..........................................
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
HIV/AIDS Education............................... 771,000
------------------------------------------------------------------------
Mental Health Programs.--SAMHSA is directed to work with
the Government Accountability Office (GAO) in implementing
the recommendations provided in GAO report GAO-15-113 and
GAO-15-405 issued in February and May of 2015, respectively.
The agreement directs SAMHSA to provide a detailed update and
timeline on the progress of these recommendations 90 days
after enactment of this Act. Furthermore, the agreement
directs SAMHSA to develop a grants
[[Page H10287]]
compliance plan that will ensure that SAMHSA's grants process
is in accordance with the Department's grants manual. The
compliance plan shall include periodic, and random, internal
audits of grant files to confirm all the necessary
documentation is accounted for and that the compliance plan
is meeting its objectives. SAMHSA shall provide any
additional grants training necessary to prevent these issues
from arising in the future.
Mental Health Block Grants.--The agreement includes a
$50,000,000 increase over fiscal year 2015 for the Mental
Health Block Grant program and increases the set-aside to 10
percent for evidence-based programs that address the needs of
individuals with early serious mental illness, including
psychotic disorders. The increase to the set-aside for
serious mental illness is fully offset by the additional
funds provided to the Mental Health Block Grant program.
Furthermore, after taking into account the offset funds for
serious mental illness activities, the balance of the
increase to the block grants will provide over $20,000,000 in
additional funds to States and territories through their
traditional formula grants. The agreement directs SAMHSA to
continue its collaboration with NIMH to ensure that funds
from the set-aside are only used for programs showing strong
evidence of effectiveness and targets the first episode of
psychosis. SAMHSA shall not expand the use of the set-aside
to programs outside of those that address first episode
psychosis. Within six months after enactment of this Act, the
agreement directs SAMHSA to provide a detailed table showing
at a minimum each State's allotment, name of the program
being implemented, and a short description of the program.
Project AWARE.--The agreement supports the continuation of
Project AWARE which increases awareness of mental health
issues and connects young people with behavioral health
issues and their families with needed services. Of the amount
provided for Project AWARE, the agreement provides an
additional $10,000,000 for discretionary grants to
communities that have recently faced civil unrest. These
grants should focus on high risk youth and family populations
in these communities and surrounding areas that have
experienced significant exposure to trauma and can benefit
from additional evidence-based violence prevention and
community youth engagement programs as well as linkages to
trauma-informed behavioral health services. SAMHSA should
prioritize funding grants from communities that have formed
partnerships between key stakeholders including State and
local governments (including multiple cities and counties if
impacted); public or private universities and colleges; and
non-profit community- and faith-based organizations. The
agreement includes related funding in the Department of
Education. The Department of Education and SAMHSA should
coordinate extensively in the administration of these
resources.
Childhood Trauma.--The agreement appreciates SAMHSA's
ongoing support of the National Child Traumatic Stress
Network. A recent report, Childhood Adversity Narratives,
makes clear that childhood trauma is an all-encompassing and
costly national public health problem contributing directly
to serious mental and medical conditions. The agreement
encourages SAMHSA to more broadly disseminate information
regarding evidence-based interventions for the prevention and
treatment of childhood trauma so more children can benefit
from proven practices.
Assisted Outpatient Treatment.--The agreement includes
$15,000,000 to implement section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93), the Assisted
Outpatient Treatment Grant Program for Individuals with
Serious Mental Illness (AOT). The agreement recognizes that
nearly half of individuals with schizophrenia or bipolar
disorder do not recognize they have a mental illness, making
it exceedingly difficult for them to follow through on a
treatment regimen. The AOT program will work with families
and courts to allow these individuals to obtain treatment
while continuing to live in their communities and homes. AOT
has been proven to reduce the imprisonment, homelessness and
emergency room visit rate among this population by 70
percent. The agreement requests a report in the fiscal year
2017 budget request on the planned uses of this $15,000,000.
SUBSTANCE ABUSE TREATMENT
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Opioid Treatment Programs/Regulatory Activities.. $8,724,000
Screening, Brief Intervention, Referral, and 44,889,000
Treatment.......................................
PHS Evaluation Funds......................... 2,000,000
Targeted Capacity Expansion--General............. 36,303,000
Pregnant and Postpartum Women.................... 15,931,000
Recovery Community Services Program.............. 2,434,000
Children and Families............................ 29,605,000
Treatment Systems for Homeless................... 41,304,000
Minority AIDS.................................... 65,570,000
Criminal Justice Activities...................... 78,000,000
Science and Service:
Addiction Technology Transfer Centers............ 9,046,000
Minority Fellowship Program...................... 3,539,000
------------------------------------------------------------------------
Targeted Capacity Expansion.--The agreement provides
$36,303,000 for Targeted Capacity Expansion activities. The
agreement provides $25,000,000, an increase of $13,000,000,
to expand services that address prescription drug abuse and
heroin use in high-risk communities. The funding provided
will increase the number of States that receive funding from
11 to 22, and SAMHSA should target States with the highest
rates of admissions and that have demonstrated a dramatic
increase in admissions for the treatment of opioid use
disorders. The United States has seen a 500 percent increase
in admissions for treatment for prescription drug abuse since
2000. Moreover, according to a recent study, 28 States saw an
increase in admissions for treatment for heroin dependence
during the past two years. The Center for Substance Abuse
Treatment 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 and prioritize treatment regimens that
are less susceptible to diversion for illicit purposes.
Since the passage of the Drug Addiction Treatment Act of
2000, SAMHSA has led the nation in educating physicians,
patients and treatment systems on the use of medication-
assisted treatment. To keep pace with advancements in science
and research, the agreement directs SAMHSA to update all of
its public-facing information and treatment locators such
that all evidence-based innovations in counseling, recovery
support, and abstinence-based relapse prevention medication-
assisted treatments are fully incorporated.
Criminal Justice Activities.--The agreement provides
$78,000,000 for Criminal Justice Activities and directs that
no less than $60,000,000 will be used exclusively for Drug
Court activities. SAMHSA is directed to ensure that all Drug
Treatment Court funding is allocated to serve people
diagnosed with a substance use disorder as their primary
condition. SAMHSA is further directed to ensure that all drug
treatment court grant recipients work directly with the
corresponding State substance abuse agency in the planning,
implementation, and evaluation of the grant. SAMHSA is
further directed to expand training and technical assistance
to drug treatment court grant recipients to ensure evidence-
based practices are fully implemented.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for $109,484,000
Success.........................................
Strategic Prevention Framework Rx................ 10,000,000
Grants to Prevent Prescription Drug/Opioid 12,000,000
Overdose........................................
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 that all of the 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 SAPT Block Grant be used only for bona fide substance
abuse prevention programs and not for any other purpose.
Combating Opioid Abuse.--The agreement provides $12,000,000
for discretionary grants to States to prevent opioid
overdose-related deaths. This program will help States equip
and train first responders with the use of devices that
rapidly reverse the effects of opioids. SAMHSA is directed to
ensure applicants outline how proposed activities in the
grant would work with treatment and recovery communities in
addition to first responders. Furthermore, the agreement
provides $10,000,000 for the Strategic Prevention Framework
Rx program to increase awareness of opioid abuse and misuse
in communities. SAMHSA shall collaborate with CDC to
implement the most effective outreach strategy and to reduce
duplication of activities.
Overdose Fatality Prevention.--The agreement reflects
strong concerns about the increasing number of unintentional
overdose deaths attributable to prescription and
nonprescription opioids. SAMHSA is urged to take steps to
encourage and support the use of Substance Abuse and
Prevention Block Grant funds for opioid safety education and
training, including initiatives that improve access for
licensed healthcare professionals, including paramedics, to
emergency devices used to rapidly reverse the effects of
opioid overdoses. Such initiatives should incorporate robust
evidence-based intervention training, and facilitate linkage
to treatment and recovery services.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance.................................. $16,830,000
PHS Evaluation Fund.............................. 30,428,000
Program Management................................... 79,559,000
[[Page H10288]]
Performance and Quality Info. Systems................ 12,918,000
Public Awareness and Support......................... 15,571,000
Behavioral Health Workforce.......................... 50,000,000
Behavioral Health Workforce Data..................... 0
PHS Evaluation Fund.............................. 1,000,000
------------------------------------------------------------------------
Behavioral Health Workforce Education and Training.--
Eligible entities for this program shall include accredited
programs that train Master's level social workers,
psychologists, counselors, marriage and family therapists,
psychology doctoral interns, as well as behavioral health
paraprofessionals. The agreement directs SAMHSA to share
information concerning pending grant opportunity
announcements with State licensing organizations and all the
relevant professional associations. Furthermore, SAMHSA is
directed to ensure that funding is distributed relatively
equally among the participating health professions and to
consider strategies such as issuing separate funding
opportunity announcements for each participating health
profession. In addition, the agreement directs SAMHSA to
include doctoral psychology schools in the funding
opportunities to support doctoral level students completing
their practicums, which are necessary to move on to
internships. Awards shall be given to meritorious
applications for doctoral psychology interns first, before
doctoral psychology schools applying to support practicums.
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 for
Health Costs, Quality, and Outcomes, the agreement includes
the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Patient-Centered Health Research..................... $0
Prevention/Care Management........................... 11,649,000
Health Information Technology (IT)................... 21,500,000
Health IT to Improve Quality..................... 19,000,000
Patient Safety Research.............................. 74,253,000
Healthcare-Associated Infections (HAI) Prevention 37,253,000
Combating Antibiotic-Resistant Bacteria.......... 10,000,000
Healthcare Delivery Systems...................... 10,000,000
Crosscutting Activities Related to Quality, 89,398,000
Effectiveness and Efficiency Research...............
Health Services Contract/IAA Research............ 14,000,000
Health Services Research Grants (Non Investigator- 6,000,000
Initiated)......................................
Investigator-Initiated Research Grants........... 47,398,000
Medical Expenditure Panel Survey..................... 66,000,000
Program Management................................... 71,200,000
------------------------------------------------------------------------
The agreement expects AHRQ to focus its research on its
traditional mission, such as improving patient safety and
preventing healthcare associated infections.
Combating Antibiotic-Resistant Bacteria (CARB).--The
agreement recognizes the importance of developing scientific
based approaches related to CARB. The AHRQ is directed to
work closely with BARDA, CDC, and NIAID and coordinate with
other government-wide agencies like the Departments of
Defense, Agriculture, and Veterans Affairs, to leverage
resources toward this end. These activities should have
coordinated goals and measurable objectives to best leverage
the funds provided. The agreement requests an update in the
fiscal year 2017 budget request on the planned activity.
Investigator-Initiated Research.--The agreement provides
increased support for investigator-initiated research.
Investigator-initiated research should not be targeted to any
specific area of health services research so as to generate
the best unsolicited ideas from the research community about
a wide variety of topics.
Medication Assisted Treatment (MAT).--The agreement
requests an update in the fiscal year 2017 budget request on
activity AHRQ supports related to MAT.
Centers for Medicare and Medicaid Services
PROGRAM MANAGEMENT
The agreement includes $3,669,744,000 for the Program
Management account to support a broad range of activities
including claims processing and program safeguard activities
performed by Medicare contractors.
Critical Access Hospitals (CAH).--The agreement continues
to note concerns about the proposal to eliminate CAH status
from facilities located less than 10 miles from another
hospital and reducing the reimbursement rate from 101 to 100
percent on the hospitals to properly provide care to local
residents. The agreement directs the Centers for Medicare &
Medicaid Services (CMS) to engage with CAH facilities to
assess the impact of the proposed reimbursement reduction and
provide a report within 180 days of enactment of this Act to
the appropriate Committees of the House of Representatives
and the Senate on the impact of the proposed rate reduction
from the perspective of the CAH ability to fully operate if
the reduction is implemented.
Health Insurance Exchange Transparency.--The agreement
continues to include bill language in section 223 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 (Public Law
111-148). CMS is also required to include the estimated costs
for fiscal year 2017.
Medicare Advantage in the Territories.--The agreement is
concerned with the lack of availability of data to accurately
calculate Medicare Advantage payments in the territories. The
Secretary is directed to examine the unique costs associated
with delivering care in the territories and submit a report
to the Committees on Appropriations of the House of
Representatives and the Senate within 120 days on
availability of data for determining Medicare Advantage
payments in the territories.
Prescription Drug Report.--The agreement directs the
Secretary of HHS in consultation with the Secretary of the
Department of Veterans Affairs, to submit a report to the
Committee on Appropriations of the House of Representatives
and the Senate, using data only available under current law
that is not proprietary, not later than 180 days after the
date of the enactment of this Act to which this explanatory
statement pertains regarding the following topics, as
described further below: price changes of prescription drugs
(net of rebates) since 2003; access to prescription drugs by
patients in the four programs listed below; health outcomes
and patient satisfaction with care in the four programs
listed below; and an analysis of the current cost and length
of time necessary to bring new drugs to market.
The report should include prescription drug prices (net of
rebates) paid by Federal programs for the 10 most frequently
prescribed drugs and the 10 highest-cost drugs under the
following programs:
1. The Medicare program under part B of title XVIII of the
Social Security Act.
2. The Medicare prescription drug program under part D of
title XVIII of the Social Security Act.
3. The Medicaid program under title XIX of the Social
Security Act.
4. The Department of Veterans Affairs.
In addition, the report should include total annual
prescription drug costs (net of rebates) to the Medicare
program under part B of title XVIII of the Social Security
Act, the Medicare prescription drug program under part D of
title XVIII of such Act, the Medicaid program under title XIX
of such Act, and the Department of Veterans Affairs as a
percentage of total health care program expenditures. The
report shall make note that the total annual prescription
drugs costs do not adjust for biomedical inflation. The
Secretary of HHS shall review how the Federal Government has
achieved cost reductions for drugs since 2001.
The report should also include an evaluation of access to
prescription drugs by the four programs listed above,
measured consistently across each program using one or more
metrics that are generally accepted by healthcare
professionals and health policy experts as reliable and
appropriate measures of patient access to prescription drugs.
The evaluation of patient access shall take into account the
extent to which each program uses: formularies (including the
breadth and adequacy of such formularies); utilization
management techniques; and the average interval between the
time a patient attempts to fill a prescription and receipt of
the prescription drug, as applicable.
The report should also include an evaluation of patient
satisfaction with care (based on a survey with statistically
significant results) and of patient outcomes in the four
programs listed above, measured consistently across these
programs using one or more metrics that are generally
accepted by healthcare professionals and health policy
experts as reliable and appropriate measures of patient
health outcomes and patient satisfaction with care,
respectively.
Finally, the report should include an analysis of the
current cost and length of time necessary to bring new drugs
to market including the impact of biomedical inflation.
Recovery Audit Contractors (RACs).--The agreement
reiterates the fiscal year 2015 explanatory statement
language directing HHS to take steps to improve consistency,
transparency, and processing of appeals. CMS is encouraged,
within the existing authorities, to use offsetting
collections it maintains from the RAC program to further
educate health care providers on how to reduce errors and
take other actions aimed at reducing the backlog of appeals
at the Office of Medicare Hearings and Appeals. The agreement
expects audits to be conducted in a manner that is valid and
statistically sound and requests CMS to continue to monitor
the return on investment for compensating auditors on a
contingency fee basis, review contractor audit practices, and
provide an update on actions related to these items in the
fiscal year 2017 budget request. The agreement reiterates its
request for CMS's actuarial data to be included in the annual
budget request as noted in the fiscal year 2015 explanatory
statement. Finally, CMS is expected to provide the Committees
on Appropriations of the House of Representatives and the
Senate a quarterly update from the inter-agency working group
actions taken or planned to address the various issues
related to the RAC process.
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 and
[[Page H10289]]
continuing through the duration of the program to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the receipts and transfer of
payments for the Risk Corridor Program.
State-Based Exchanges (SBEs).--CMS shall ensure that SBEs
are not using section 1311 funds for operational expenses
which is specifically prohibited by law. SBEs were expected
to be self-sustaining by 2015 and were specifically
prohibited from using these funds for operational costs after
January 1, 2015. The agreement directs CMS to implement the
recommendations put forth by the HHS Office of Inspector
General (OIG) in their Early Alert Memorandum (A-01-14-02509)
issued on April 27, 2015, and expects a detailed report
providing an update on these efforts 120 days after enactment
of this Act. CMS and the OIG shall immediately notify the
Committees on Appropriations of the House of Representatives
and the Senate of any unauthorized use of section 1311 funds
along with a detailed report, which shall include how CMS
plans to recoup those funds from the State.
Third Party Premium Assistance.--The agreement is concerned
about the CMS Interim Final Rule: Patient Protection and
Affordable Care Act; Third Party Payment of Qualified Health
Plan Premiums, which allows marketplace insurance plans to
prohibit the acceptance of health insurance premium
assistance from non-profit organizations. CMS is directed to
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate within 90 days
explaining the rationale for excluding non-profit
organizations.
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
The agreement includes $681,000,000, to be transferred from
the Medicare trust funds, for Health Care Fraud and Abuse
Control activities. This includes a base amount of
$311,000,000 and an additional $370,000,000 through a budget
cap adjustment authorized by section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Senior Medicare Patrol Program.--The bill includes language
to fully fund the Senior Medicare Patrol Program administered
through the Administration for Community Living from the
level provided in this account.
Administration for Children and Families
Refugee and Entrant Assistance
Victims of Trafficking.--The agreement includes $13,000,000
for services for foreign national victims, and $5,755,000 to
improve services available for U.S. citizens and legal
permanent residents. Within the total for Victims of
Trafficking, the Department is directed to increase funding
for the national human trafficking hotline to help respond to
increased call volume and overall need for services.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Head Start.--The agreement includes an increase of
$294,000,000 in quality improvement funds to support grantees
in expanding to full-school-day and full-school-year
services. While early childhood research shows that expanded
services are associated with better cognitive outcomes, the
agreement notes that communities will face logistical and
financial challenges moving toward this model. Since the
recommendation is less than the amount requested to move all
programs to full day/full year services, the Department is
expected to prioritize grantees that volunteer for this
expansion and can do so in a way that limits disruption to
existing programs and services. The Department is directed to
provide technical assistance to grantees and carefully
monitor issues that arise as grantees implement the expanded
service model.
Early Head Start Expansion/Child Care Partnerships.--The
agreement includes a $135,000,000 increase for expanding
Early Head Start (EHS), including through EHS-Child Care
Partnerships. The agreement reflects support for EHS-Child
Care Partnerships, which is a promising model that
significantly expands on what many high-quality providers
were already doing in their communities. However, EHS-Child
Care Partnerships will not be viable in every community.
Prioritizing this one model will limit the pool of
competitive applicants, particularly in rural communities,
and discourage the expansion of Early Head Start programs
designed to meet the needs of their local communities. This
new fiscal year 2016 funding, whether for expansion,
conversion, or partnerships, should give equal priority to
each model and be awarded based on how effectively the model
design fits the needs of the local community.
Runaway and Homeless Youth Program.--The agreement does not
include funding for the ``Prevalence, Needs and
Characteristics of Homeless Youth'' study.
Child Abuse and Neglect.--The agreement is aware of the
recommendations contained within the Institute of Medicine's
(IOM) New Directions in Child Abuse and Neglect Research
report as well as other federally supported research. The
agreement encourages the Administration for Children and
Families (ACF), in conjunction with other relevant agencies
in HHS, such as NIH or SAMHSA, to synthesize research done by
IOM and other federal partners to identify gaps in this area
and to develop a peer reviewed approach to address research
gaps related to child abuse and neglect.
Child Welfare Research, Training and Demonstration.--The
agreement includes funding within this program to continue
the National Survey of Child and Adolescent Well-Being.
Social Services and Income Maintenance Research.--The
agreement includes $750,000 for the Secretary to enter into
an agreement with the National Academy of Sciences to provide
an evidence-based, non-partisan analysis of the
macroeconomic, health, and crime/social costs of child
poverty, to study current efforts aimed at reducing poverty,
and to propose recommendations with the goal of reducing the
number of children living in poverty in the United States by
half in 10 years.
Native American Programs.--The agreement includes
$3,000,000 for the Generation Indigenous initiative focused
on improving Native American language instruction across the
education continuum.
Domestic Violence Hotline.--The agreement includes an
increase of $3,750,000 for the Hotline. These funds shall be
used to develop a tribal hotline, provide additional phone
advocates to ensure the Hotline can answer all contacts, and
help make the Love Is Respect website a complete resource for
teens and youth seeking to prevent and end abusive
relationships.
Faith-Based Center.--The agreement transfers the Center for
Faith-Based and Neighborhood Partnerships to the General
Departmental Management account under the Office of the
Secretary.
Administration for Community Living
AGING AND DISABILITY SERVICES PROGRAMS
Aging Network Support Activities.--The agreement provides
$9,961,000 for Aging Network Support Activities. The
agreement includes $2,500,000 to help provide supportive
services for aging Holocaust survivors living in the United
States.
Senior Medicare Patrol Program.--The agreement includes
bill language fully funding the Senior Medicare Patrol
Program from the Health Care Fraud and Abuse Control Account
in the Centers for Medicare & Medicaid Services.
Elder Rights Support Activities.--The agreement includes
$11,874,000 for Elder Rights Support Activities, of which
$8,000,000 is included for the Elder Justice and Adult
Protective Services program to provide competitive grants to
States to test and evaluate innovative approaches to
preventing and responding to elder abuse.
Traumatic Brain Injury.--The agreement includes bill
language transferring the Traumatic Brain Injury program from
HRSA to ACL.
Developmental Disabilities Projects of National
Significance.--The agreement includes $643,000 for technical
assistance and training for the State Councils on
Developmental Disabilities and $1,000,000 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.
University Centers for Excellence in Developmental
Disabilities.--Within the amount appropriated for the
University Centers for Excellence in Developmental
Disabilities (UCEDD), the agreement provides no less than the
fiscal year 2015 level for technical assistance for the UCEDD
network.
Medicaid-Licensed Intermediate Care Facilities.--There is a
nationwide trend towards deinstitutionalization of patients
with intellectual or developmental disabilities in favor of
community-based settings. The Department is strongly urged to
continue to factor the needs and desire of patients, their
families, caregivers, and other stakeholders, as well as the
need to provide proper settings for care, into its
enforcement of the Developmental Disabilities Act. The
agreement includes bill language requiring notification of
affected individuals of their legal rights in this regard.
Independent Living.--The agreement provides $101,183,000
for the Independent Living program, of which $22,878,000 is
for the Independent Living State Grants program and
$78,305,000 is for the Centers for Independent Living
program.
Assistive Technology.--The agreement includes $2,000,000
for competitive grants as specified in House Report 114-195
to accompany H.R. 3020.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Breast Cancer Patient Education Campaign.--The agreement
directs the Secretary to plan and implement the breast cancer
patient education campaign and the annual update in the
congressional justification as described in the Senate fiscal
year 2016 report (114-74) accompanying S. 1695.
Center for Faith-Based and Neighborhood Partnerships.--To
complete the realignment of the Center for Faith-Based and
Neighborhood Partnerships from ACF to the Secretary's Office
of Intergovernmental and External Affairs, the agreement
transfers the Center for Faith-Based and Neighborhood
Partnerships' budget of $1,299,000 from ACF to the General
Departmental Management account as requested in the
Administration's budget.
Healthcare and Education Costs of Illegal Immigration.--The
agreement directs the Department of Health and Human Services
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 of Health and Human Services that
[[Page H10290]]
are being used to assist States in fiscal year 2016 to cover
these expenses.
Seafood Sustainability.--The agreement prohibits the
Department from using or recommending third party,
nongovernmental certification for seafood sustainability.
Severe Wounds.--The agreement directs the Secretary to
conduct the study on the treatment needs of individuals
requiring specialized wound care as described in the Senate
fiscal year 2016 report (114-74) accompanying S. 1695.
Lupus Initiative.--The agreement continues to provide
$2,000,000 for Lupus activities at the Office of Minority
Health (OMH). Within this funding, the agreement includes
$1,000,000 to complete the implementation of the health
education program in fiscal year 2016 to transition to
another priority in the Lupus community. Clinical trial
education and successful recruitment of minorities into
trials is a significant challenge in the drug development for
Lupus. Therefore, OMH shall initiate a program to develop a
clinical trial education action plan for Lupus and begin
preliminary steps towards implementation of the action plan.
OMH shall work with the relevant Lupus stakeholders in this
effort. The agreement includes the remaining $1,000,000 for
this new initiative, and it should focus on developing
public-private and community partnerships, evaluate current
minority clinical trial education and participation programs,
and development of a research plan for creating new clinical
trial education models in lupus. OMH shall provide an update
to the Committees on Appropriations of the House of
Representatives and the Senate on the progress of this new
initiative 120 days after enactment of this Act.
Office of Women's Health.--The agreement includes
$3,100,000 to continue the State partnership initiative to
reduce violence against women, which provides funding to
State-level public and private health programs to improve
healthcare providers' ability to help victims of violence and
improve prevention programs.
Idea lab and Digital Services.--The agreement does not
include funding for either the proposed ``Idea lab'' or the
Digital Services team.
Overhead costs.--The agreement continues to direct the
Department to include the amount and percentage of
administrative and overhead costs spent by the Department for
every program, project and activity in the fiscal year 2017
justification and each year thereafter.
Health Reform Oversight.--The agreement directs GAO to
conduct a comprehensive review of the process and
coordination between HHS and the Department of the Treasury
functions with respect to health care subsidies and to make
recommendations to prevent improper payments, as outlined in
House Report 114-195 to accompany H.R. 3020.
Quick Health Data.--The agreement directs the Secretary to
continue the operation of the Quick Health Data Online
system. The Secretary is directed to submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate on the feasibility of moving the online system
to another HHS agency.
Children with Disabilities.--The agreement recognizes the
importance of accurate, complete, confidential, and
transportable health records, especially for those children
most in need of care, such as children with disabilities. The
agreement urges the Office of the Assistant Secretary for
Health to support a demonstration project to test new and
improved methods of providing a patient-centered electronic
medical record that is complete and interoperable, secure,
and cost effective for children with disabilities.
OFFICE OF MEDICARE HEARINGS AND APPEALS
Appeals Backlog.--The substantial backlog in the number of
cases pending before the administrative law judges at the
Office of Medicare Hearings and Appeals (OMHA) is a serious
concern. Specifically, the number of appeals related to RACs
has risen dramatically in the past years. The agreement
directs OMHA to use the additional funds provided to address
the current backlog and requests a spend plan within 45 days
after enactment of this Act. OMHA should focus on reducing
the backlog of appeals without undermining the accuracy and
quality of their decisions. Furthermore, in collaboration
with the intra-agency working group focusing on RACs, OMHA
shall provide semi-annual updates 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 four levels of the
appeal process.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
Precision Medicine.--The agreement encourages the
coordination and development of data standards necessary to
advance the Precision Medicine Initiative.
OFFICE OF INSPECTOR GENERAL
The agreement includes $75,000,000 for the HHS Office of
Inspector General (OIG) account. The agreement expects the
OIG to continue to improve its annual budget request with
more details and performance measures related to
discretionary oversight.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The agreement provides $1,532,958,000 for the Public Health
and Social Services Emergency Fund to 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.
Biomedical Advanced Research and Development Authority
(BARDA).--The agreement increases funding for BARDA to
support its work on combatting antibiotic resistance (CARB)
and other priorities that address chemical, biological,
radiological, and nuclear threats. BARDA is directed to work
closely with CDC, AHRQ, and NIAID on CARB and coordinate with
other government agencies such as the Departments of Defense,
Agriculture, and Veterans Affairs, to leverage resources to
develop therapeutics. The agreement provides increased
support to NIAID and CDC and directs these organizations to
jointly work with BARDA on coordinated goals, measurable
objectives, and funding plans that will spur research and
development on CARB and build laboratory capacity in States.
The agreement requests an update in the fiscal year 2017
budget request on the joint BARDA, NIAID, and CDC goals and
measurable objectives to ensure the best leveraging of the
funds provided.
Centers for Innovation in Advanced Development and
Manufacturing (ADM).--The agreement notes BARDA has partnered
with private sector entities in recent years to develop
centers to improve access to ADM capabilities. To further
enhance the Nation's preparedness and response capabilities,
BARDA is encouraged to review the ADM network's current
access to advanced technological platforms. The review should
determine if the existing network includes the necessary mix
of technological capabilities to address potential gaps in
the medical countermeasure enterprise and to ensure rapid
deployment of medical countermeasures.
Drug Delivery Devices.--The agreement commends the
Department's efforts to develop and procure additional
medical countermeasures (MCM) on top of the twelve MCMs
procured since 2004. However, these MCM's require readily
available drug delivery devices. The Department is urged, as
practicable, to secure enough injection devices necessary to
ensure that these MCMs that require such devices can be
delivered to patients in real time.
Pandemic Influenza Response Activities.--The agreement
directs the Department to use available no-year carry over
funding along with the resources provided to support the
fiscal year 2016 budget request level of requirements to
support pandemic influenza activity.
Treatment Capacity.--There is concern about the
sustainability of the highly-pathogenic infectious disease
treatment capacity supported by the FY 2015 Ebola emergency
appropriations. Without affecting funding set aside for
Project BioShield, the Assistant Secretary for Preparedness
and Response should allocate a portion of the unobligated
emergency funds to partially reimburse facilities for
renovation and alteration undertaken in preparation for, or
in response to, the need to improve preparedness and response
capability at the State and local level--as authorized by the
FY 2015 Ebola emergency appropriations--to help ensure that
such treatment capacity is maintained.
General Provisions
PREVENTION AND PUBLIC HEALTH TRANSFER TABLE
The agreement includes a provision that directs the
transfer of the Prevention and Public Health (PPH) Fund. In
fiscal year 2016, the level appropriated for the fund is
$932,000,000 after accounting for sequestration. The
agreement includes bill language in section 221 of this Act
that requires that funds be transferred within 45 days of
enactment of this Act to the following accounts, for the
following activities, and in the following amounts:
------------------------------------------------------------------------
FY 2016
Agency Budget Activity Agreement
------------------------------------------------------------------------
ACL............................. Alzheimer's Disease $14,700,000
Prevention
Education and
Outreach.
ACL............................. Chronic Disease 8,000,000
Self-Management.
ACL............................. Falls Prevention... 5,000,000
CDC............................. Breast Feeding 8,000,000
Grants (Hospitals
Promoting
Breastfeeding).
CDC............................. Diabetes........... 73,000,000
CDC............................. Epidemiology and 40,000,000
Laboratory
Capacity Grants.
CDC............................. Healthcare 12,000,000
Associated
Infections.
CDC............................. Heart Disease & 73,000,000
Stroke Prevention
Program.
CDC............................. Million Hearts 4,000,000
Program.
CDC............................. Office of Smoking 126,000,000
and Health.
CDC............................. Preventative Health 160,000,000
and Health
Services Block
Grants.
CDC............................. REACH.............. 50,950,000
CDC............................. Section 317 324,350,000
Immunization
Grants.
CDC............................. Lead Poisoning 17,000,000
Prevention.
CDC............................. Early Care 4,000,000
Collaboratives.
SAMHSA.......................... Suicide Prevention 12,000,000
(Garrett Lee
Smith).
------------------------------------------------------------------------
The agreement modifies a provision requiring advanced
Congressional notification of certain public reports.
The agreement includes a new provision related to expiring
HRSA balances.
The agreement restates a requirement for HHS to conduct an
analysis of the ACA's impact on eligibility for certain
discretionary programs.
The agreement includes a new provision related to breast
cancer screening recommendations.
The agreement modifies a provision extending the Temporary
Assistance for Needy Families program.
The agreement includes a new provision related to rural
long-term care hospitals.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
Striving Readers.--Not later than 30 days prior to the
announcement or publication of
[[Page H10291]]
any notice of proposed priorities or inviting applications
for the Comprehensive Striving Readers Literacy program, the
Department shall brief the Committees on Appropriations of
the House of Representatives and the Senate, Committee on
Education and the Workforce of the House of Representatives,
and Committee on Health, Education, Labor and Pensions of the
Senate on its plans for this grant competition and related
evaluation and technical assistance.
School Improvement Programs
Supporting Effective Educator Development (SEED) Grants.--
The agreement includes funding within the SEED set-aside for
competitive grants to non-profit organizations with
demonstrated effectiveness in the development and
implementation of civic learning programs. Priority should be
given to applicants that demonstrate innovation, scalability,
and a focus on underserved populations, including rural
schools and students. The agreement also includes funding
within the SEED set-aside for non-profit organizations with
effective programs to enhance primary source utilization in
the classroom.
Expanded Learning Time.--The agreement prohibits funds made
available for 21st Century Community Learning Centers from
being used to support expanded learning time unless those
activities are consistent with the requirements in section
4204(a)(2) of the Elementary and Secondary Education Act
(ESEA), as amended by the Every Student Succeeds Act (ESSA).
Alaska Native Educational Equity.--In awarding funds under
the Alaska Native Educational Equity program, the Department
shall: ensure the maximum participation of Alaska Native
organizations and other required Alaska Native partners,
guarantee that all grantees have meaningful plans for
consultation with Alaska Native leaders, and make every
effort to ensure that Alaska Natives and Alaskans represent a
significant proportion of peer reviewers for grant
applications.
Comprehensive Centers.--The agreement includes $1,500,000
to establish a new comprehensive center on students at risk
of not attaining full literacy skills due to a disability, in
accordance with section 2244 of the ESEA, as reauthorized by
the ESSA.
Indian Education
Native Youth Community Projects.--Within the total for
Special Programs for Indian Children, the agreement includes
$22,890,000 for Native Youth Community Projects. This program
makes competitive awards to support culturally-relevant
coordinated strategies to improve the college- and career-
readiness of Native American youth.
Innovation and Improvement
Javits Gifted and Talented.--Within the funds provided for
the Javits Gifted and Talented Students Education program,
the Department is directed to continue supporting a National
Research Center on the Gifted and Talented.
Arts in Education.--The agreement includes an increase in
the Arts in Education program to support new competitive
awards to national non-profit organizations engaged in arts
education, professional development activities and model arts
education programs that address the arts access gap.
Innovative Approaches to Literacy.--The agreement includes
$27,000,000 for Innovative Approaches to Literacy competitive
awards to national non-profit organizations or school
libraries for providing books and childhood literacy
activities to children and families living in high-need
communities.
Fund for the Improvement of Education (FIE).--Within FIE,
the agreement includes funding for the following activities
in the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Arts in Education.................................... $27,000,000
Non-Cognitive Skills Initiative...................... 3,000,000
Full Service Community Schools....................... 10,000,000
Preschool Development Grants......................... 250,000,000
Innovative Approaches to Literacy.................... 27,000,000
Javits Gifted and Talented Students Education Program 12,000,000
Presidential and Congressional History Teaching 1,815,000
Academies...........................................
------------------
Total............................................ 330,815,000
------------------------------------------------------------------------
Safe Schools and Citizenship Education
Safe and Drug-Free Schools and Communities National
Activities.--The agreement includes $5,000,000 for
competitive grants to eligible entities, including community-
based organizations, Local Educational Agencies, and
partnerships thereof, in communities that have experienced
significant episodes of civil unrest. This funding is to
support establishing school-based programs in such
communities to address, including through counseling
services, the comprehensive educational, behavioral, and
mental health needs of youth who have experienced significant
trauma related to recent events in their communities. The
agreement includes related funding in the Substance Abuse and
Mental Health Services Administration (SAMHSA). The
Department of Education and SAMHSA should coordinate
extensively in the administration of these resources.
Elementary and Secondary School Counseling Program.--The
agreement includes $49,561,000 for the Elementary and
Secondary School Counseling program. School counselors help
to create a safe school environment. However, too few
students have access to these benefits. This program
recognizes the importance of addressing student mental health
issues and the critical role that school counselors play in
this area.
Carol M. White Physical Education Program.--The agreement
includes $47,000,000 for the Carol M. White Physical
Education program to pay the Federal share of the costs of
initiating, expanding and improving school-based physical
education programs. According to the CDC, the prevalence of
unhealthy body weights among children has more than doubled
over the past 30 years. This program underscores the
importance of supporting students' access to physical
education.
Special Education
The Department should consider ways to support paperwork
reduction and administrative streamlining under the
Individuals with Disabilities Education Act.
Within Technical Assistance and Dissemination, the
agreement includes $10,083,000 for education activities
authorized under Public Law 108-406.
Education Technology, Media, and Materials Program.--
Progress has been made with tools and services provided under
the Education Technology, Media and Materials program that
have allowed more than 320,000 students free access to more
than 280,000 books in multiple digitally accessible formats.
Understanding the obligation to serve all K-12 students, the
agreement includes an additional $2,000,000 for the purpose
of expanding the program's reach to 120,000 K-12 students
with a focus in underserved areas.
Special Institutions for Persons With Disabilities
American Printing House for the Blind (APH).--The agreement
continues to recognize that students who are blind or have a
vision loss must have equal access to the same education
content and should receive that information at the same time
as their sighted peers if they are to achieve academically.
Accordingly, the agreement continues to support
implementation of APH's Resources with Enhanced Accessibility
for Learning (REAL) plan, and includes no less than $475,000
for such activities. The REAL plan supports new advances in
software and hardware technology to ensure that students with
vision loss receive high-quality educational material in a
timely manner and in the appropriate formats required to meet
individual student learning needs.
National Technical Institute for the Deaf (NTID).--The
agreement includes $2,000,000 to establish a formal regional
partnership, via subcontract, with at least one organization
to expand the geographic reach of activities and services
supported by NTID, consistent with its mission and strategic
plan. The partnership activities should include a focus on
promoting training and postsecondary participation in STEM
fields; working with NTID faculty to develop postsecondary
preparation for students; providing professional development
for teachers and developing partnerships with business and
industry to promote employment opportunities.
Student Financial Assistance
Work Colleges.--The agreement includes $8,390,000 for the
Work Colleges program authorized under section 448 of the
Higher Education Act from the Federal Work Study
appropriation.
Student Aid Administration
Federal Student Loan Servicing.--The first goal of the
Federal student loan servicing process should be ensuring
high-quality servicing to borrowers and safeguarding taxpayer
dollars. The Department recently established a common set of
performance metrics by which to measure all student loan
servicers to ensure consistency and accountability toward
that goal. However, in allocating new student loan volume,
the Department does not apply these metrics among all
servicers but only within defined subsets of servicers,
contradicting the intention of common metrics. The agreement
includes new bill language requiring the Department to
allocate new student loan accounts based on performance
compared against all servicers. The Department shall adjust
allocations based on the capacity of servicers to handle all
new and current volume, provided that information about
servicer capacity is made publicly available. Further, in
developing the framework for a new student loan servicing
process, with contracts expected to be awarded in 2016, the
Department should ensure the participation of a sufficient
number of servicers, including in servicing consolidated
student loans, to help promote high quality customer service
for student loan borrowers. The agreement does not intend in
any way to constrain the Department from pursuing efforts to
improve the servicing process to best serve the interests of
student loan borrowers and taxpayers.
The Department shall brief the Committees on Appropriations
of the House of Representatives and the Senate, Committee on
Education and the Workforce of the House of Representatives,
and Committee on Health, Education, Labor and Pensions of the
Senate within 30 days of enactment of this Act on how it
plans to carry out these directives. Further, the Secretary
shall, no later than March 1, 2016, publish a common policies
and procedures manual for servicing that applies to all
Direct Loan servicers.
Higher Education
TRIO.--The agreement provides funding for a new competition
for the Talent Search and Educational Opportunity Centers
programs as well as an increase in funding for existing
grantees. The Department is strongly encouraged to publish
the notice inviting applications as soon as possible and
issue award notices for these programs no later than July 31,
2016. The agreement does not
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include funding requested in the budget for a new TRIO
Demonstration Initiative.
There is concern that the draft competitive preference
priorities proposed by the Department for the Talent Search
competition could exclude proven successful grantees,
particularly those at under-resourced institutions and small
community agencies, by awarding additional points for certain
activities with varying levels of methodological rigor.
The agreement strongly urges the Secretary to give fair
consideration to prior experience when making awards under
the Talent Search and Educational Opportunity Center
competitions.
Institute of Education Sciences
Teachers-in-Training.--The National Center for Education
Statistics shall submit a report by December 31, 2016 to the
Committees on Appropriations of the House of Representatives
and the Senate, Committee on Education and the Workforce of
the House of Representatives, and Committee on Health,
Education, Labor and Pensions of the Senate, using and
reporting data from the most recent school year by State and
each local educational agency, regarding the extent at the
school-level to which students in the following categories
are taught by teachers who have not yet obtained full State
certification: students with disabilities, English Learners,
students in rural areas, students from low-income families,
and minority students. ``Full State certification'' means
that a teacher has met all teacher preparation requirements
applicable to their years of experience; that the teacher is
not authorized to teach on an emergency, temporary,
provisional or waiver basis; that certification may be
obtained through traditional or alternative routes; and,
except that when used with respect to any teacher teaching in
a public charter school, the term means that the teacher
meets the requirements set forth in the State's public
charter school law.
Applied Research on Infant and Toddler Education.--The
foundation for success begins early in a child's life.
Research shows that the achievement gap begins to emerge
among children as young as nine months of age. However, there
are few funding sources available to support applied research
related to infant and toddler care and education. Given the
demand for high-quality and enriching infant and toddler care
by families at all income levels, expanded research would
help inform best practices and improve the quality of care
and education for infants and toddlers. The Institute is
encouraged to make grant funding available for research on
typically-developing infants and toddlers, as well as infants
and toddlers with special needs, to help fill the existing
gaps in the literature and answer the questions posed by
program developers and policy makers. The Institute should
collaborate with the Department of Health and Human Services
in identifying research gaps and the needs of program
developers and practitioners as it develops future funding
opportunities in this area.
Geographic Disparities in Education Research.--The
Department is encouraged to evaluate the geographic
distribution of Institute of Education Sciences-funded
research, and pursue efforts to expand, in particular,
research on early learning programs and policies in rural and
other parts of the country facing unique challenges where
there is a shortage of current research.
Departmental Management
College Ratings System.--There is concern about the
Department's proposal to develop a College Ratings System, as
described in the framework published for public comment on
December 19, 2014. The Department has since significantly
changed its plan for a College Rating System and the
agreement supports the Department moving away from its
originally proposed plan.
Education 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 2016 to cover these expenses.
General Provisions
The agreement includes bill language extending
authorization of the National Advisory Committee on
Institutional Quality and Integrity through 2016.
The agreement includes a new general provision extending
authority through 2016 to provide account maintenance fees to
guaranty agencies for Federal student loans.
The agreement includes a new general provision requiring
the Department to provide reinsurance at 100 percent of the
defaulted loan claim amount for guaranty agencies.
The agreement directs the Department to submit a report to
the Committees on Appropriations of the House of
Representatives and the Senate, Committee on Education and
the Workforce of the House of Representatives, and Committee
on Health, Education, Labor and Pensions of the Senate,
within 180 days of enactment of this Act on a plan to assist
guaranty agencies, lenders and borrowers in the wind down of
the Federal Family Education Loan (FFEL) program as the
outstanding loan portfolio continues to decline. That plan
shall specifically address guaranty agencies and their
subsidies, the current status of the wind down, the financial
stability of guaranty agencies, and an assessment of any
authority necessary for purposes of the wind down. The
agreement also directs the Department to conduct outreach to
current FFEL borrowers who may be eligible for income-driven
repayment plans and other repayment options.
The agreement includes a general provision clarifying that
funds provided in this Act for ESEA formula grant programs
for academic year 2016-2017 are to be administered under the
provisions of the ESEA in effect prior to the reauthorization
of the ESEA by the ESSA. The transition provisions in ESSA
generally call for implementation of the new law starting
with the 2017-2018 school year. The general provision and the
funding levels and directives included in this agreement are
consistent with that intent.
The agreement includes a new general provision modifying
the changes made in division G of Public Law 113-235
concerning career pathways programs.
TITLE IV--RELATED AGENCIES
Committee For Purchase From People Who Are Blind or Severely Disabled
Committee For Purchase From People Who Are Blind or
Severely Disabled--Written Agreement Elements.--The agreement
directs the Committee For Purchase From People Who Are Blind
or Severely Disabled (``the Commission,'' also known as the
AbilityOne Commission) to enter into a written agreement with
its central nonprofit agencies (CNA). The agreement shall
establish key expectations for each CNA and mechanisms for
the Commission to oversee their implementation. The agreement
shall include the following:
1. Roles and responsibilities on the part of the Commission
and the CNA in project assignment procedures, including
decision-making processes,
2. Expenditures of funds, including policy governing
reserve levels,
3. Performance goals and targets,
4. Governance standards and other internal controls to
prevent fraud, waste, and abuse, including conflict of
interest disclosures (such as the names of CNA board members
who have an affiliation with nonprofits receiving contracts)
and reports of alleged misconduct,
5. Access to data and records,
6. Consequences for not meeting expectations,
7. Periodic evaluations and audits on affiliates,
8. Periodic review and updates on pricing information, and
9. Provisions for updating the agreement.
Committee For Purchase From People Who Are Blind or
Severely Disabled-Requested Reports.--The Committee for
Purchase From People Who Are Blind or Severely Disabled shall
submit in an electronic format quarterly reports, due at the
end of each calendar month after the end of the fiscal year
quarter, to the Committees on Oversight and Government Reform
and Education and the Workforce of the House of
Representatives, Committees on Homeland Security and
Governmental Affairs and Health, Education, Labor, and
Pensions of the Senate, and Committees on Appropriations of
the House of Representatives and the Senate. The first report
(Report 1) will include information on CNA Fees. The report
shall include the following:
1. Each fee charged pursuant to section 51-3.5 of title 41,
Code of Federal Regulations
2. Each organization charged a fee pursuant to section 51-
3.5 of title 41, Code of Federal Regulations
3. For each fee charged, for each Government order, please
include the following information:
a. name of the nonprofit agency,
b. description of product or service ordered,
c. ordering government agency,
d. order price (total), and
e. contract award ID associated with any order, where
applicable.
The second report (Report 2) will include information on
CNA Expenditures. Each CNA designated pursuant to section
8503(c) of title 41, United States Code shall submit, in an
electronic format, a report on expenditures, due at the end
of each calendar month after the end of the fiscal year
quarter, to the Committees on Oversight and Government Reform
and Education and the Workforce of the House of
Representatives, Committees on Homeland Security and
Governmental Affairs and Health, Education, Labor, and
Pensions of the Senate, and Committees on Appropriations of
the House of Representatives and the Senate. The report shall
include the total amount obligated by the CNA in the previous
quarter for each of the following:
1. Employee salaries (total), including executive salaries,
2. Employee benefits, including executive benefits,
3. Executive salaries,
4. Executive benefits,
5. Total travel expenses,
6. Executive travel,
7. Lobbying,
8. Advertising and promotion,
9. CNA reserve level, and
10. Funds spent to support the efforts of the Committee For
Purchase From People Who Are Blind or Severely Disabled,
including a description of the activities, services, and
products supplied to the Committee For Purchase From People
Who Are Blind or Severely Disabled.
Office of Inspector General.--The agreement also
establishes an Office of Inspector General to improve
oversight and transparency
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in the program. The agreement includes no less than $750,000
for the establishment and associated administrative costs for
the Office of Inspector General.
Corporation for National and Community Service
AmeriCorps Grants.--The agreement includes an increase in
funding for both AmeriCorps formula and competitive grant
programs, to be allocated consistent with the National and
Community Service Act of 1990, as amended.
Training and Technical Assistance.--The agreement modifies
bill language to allow the Corporation for National and
Community Service (Corporation) to use existing set-asides in
statute to provide training and technical assistance to
AmeriCorps and other national and community service programs.
The Corporation is expected to use this authority to provide
additional resources directly to State Commissions to help
build the capacity of State Commissions and local AmeriCorps
programs in their States.
Communities Experiencing Civil Unrest.--AmeriCorps programs
are uniquely situated to respond to sudden crises and
episodes of civil unrest in communities, and address the
longer-term challenges underlying them. The Corporation is
expected to continue to support AmeriCorps program in such
communities.
Professional Corps Operating Expenses.--The Corporation is
directed to provide guidance on what specifically
Professional Corps programs must demonstrate to receive
operating funds as part of their AmeriCorps grant. The
Corporation should provide programs flexibility in
demonstrating this need to ensure the viability of such
programs in all communities.
Corporation for Public Broadcasting
The agreement includes an additional $40,000,000 in fiscal
year 2016 funds for the replacement of the public
broadcasting interconnection system. The satellite leases for
the current public television interconnection system expire
in 2016, and the public radio interconnection satellite
leases expire in 2018. Improved technology may enable the
public television and radio stations to share certain
elements of the planned interconnection system, leading to
greater efficiencies.
Federal Mediation and Conciliation Service
The agreement provides $48,748,000 for the Federal
Mediation and Conciliation Service. The increase of
$3,082,000 is intended to be a one-time provision for
necessary relocation costs to be incurred in fiscal year
2016.
Institute of Museum and Library Services
Within the total for IMLS, the bill includes funds for the
following activities in the following amounts:
------------------------------------------------------------------------
FY 2016
Budget Activity Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States................................. $155,789,000
Native American Library Services................. 4,063,000
National Leadership: Libraries................... 13,092,000
Laura Bush 21st Century Librarian................ 10,000,000
Museum Services Act:
Museums for America.............................. 21,149,000
Native American/Hawaiian Museum Services......... 972,000
National Leadership: Museums..................... 7,741,000
African American History and Culture Act:
Museum Grants for African American History & 1,481,000
Culture.........................................
Program Administration............................... 15,713,000
------------------
Total............................................ 230,000,000
------------------------------------------------------------------------
Social Security Administration
SUPPLEMENTAL SECURITY INCOME
Functional Assessment Battery.--The agreement directs the
Social Security Administration (SSA) to provide a report to
the Committees on Appropriations of the House of
Representatives and the Senate, Committee on Finance of the
Senate, and Committee on Ways and Means of the House of
Representatives on how the SSA might use the National
Institutes of Health's Functional Assessment Battery (FAB) as
part of the disability determination process; how it would
ensure the validity and accuracy of the FAB before using it
for this purpose; and how it would obtain public comment and
ensure transparency if the FAB is incorporated into the
determination process.
LIMITATION ON ADMINISTRATIVE EXPENSES
Continuing Disability Reviews and Supplemental Security
Income Redeterminations of Eligibility.--The agreement
includes a total of $1,542,000,000 for SSA to conduct
Continuing Disability Reviews (CDRs) under the Disability
Insurance and Supplemental Security Income (SSI) programs,
and redeterminations of eligibility under the SSI program.
This includes $1,426,000,000 specified for the base and cap
adjustment amounts included in the Budget Control Act of
2011, and $116,000,000 in additional funding provided under
SSA's Limitation on Administrative Expenses (LAE) account.
The Commissioner may allocate more or less than $116,000,000
from SSA's regular LAE account for CDRs and redeterminations
but only for reconciling estimated and actual unit costs for
conducting such activities, and after notifying the
Committees on Appropriations of the House of Representatives
and the Senate at least 15 days prior to any such
reallocation. If less funding is allocated for such
activities, the funding will be available for regular
activities within the LAE account.
Representative Payee Reviews.--The agreement includes
funding for SSA to continue efforts to improve oversight of
the representative payee process. In the acquisition of
services to conduct and manage representative payee reviews,
an eligible entity shall include, but not be limited to, any
national organization with significant and demonstrable
experience monitoring representative payees, identifying and
preventing fraud and abuse, and addressing problems found
among individuals with different types of disabilities and
among different types of service providers.
TITLE V--GENERAL PROVISIONS
The agreement includes a provision requiring agencies to
disclose on advertising materials that such communication is
produced at U.S. taxpayer expense.
The agreement includes a provision relating to computation
of pay for certain employees activated by HHS for an
emergency.
The agreement modifies a provision relating to needle
exchange programs.
The agreement modifies a provision relating to performance
partnerships.
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DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016
The following is an explanation of the effects of Division
I, which makes appropriations for the Legislative Branch for
fiscal year 2016. Unless otherwise noted, reference to the
House and Senate reports are to House Report 114-110 and
Senate Report 114-64. 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.
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.
TITLE I
Senate
The agreement includes $870,158,501 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.
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 a technical correction
regarding funding for the Office of the Chaplain.
House of Representatives
The agreement includes $1,180,736,000 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.
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 printed copies of the
Congressional Pictorial Directory.
JOINT ITEMS
Joint Economic Committee
The agreement includes $4,203,000 for salaries and
expenses.
Joint Congressional Committee on Inaugural Ceremonies of 2017
The agreement includes $1,250,000 for salaries and
expenses.
Joint Committee on Taxation
The agreement includes $10,095,000 for salaries and
expenses.
Office of the Attending Physician
The agreement includes $3,784,000.
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
The agreement includes $1,400,000.
Capitol Police
Threat Vulnerabilities.--The Congress finds that it is
critical to ensure that the Capitol Police is taking every
step to protect the Capitol now and also to prepare to
implement emerging technology and operational capabilities
that will decrease our potential vulnerability to threats in
the future. The Capitol Police is directed to keep the
Congress immediately and fully apprised of resource and
operational needs as emerging threats to the Capitol complex
evolve and to robustly engage with leaders in Federal and
commercial research and development on technology to counter
potential emerging threats.
SALARIES
The agreement includes $309,000,000 for salaries of the
Capitol Police.
Of the funds provided, $4,000,000 shall not be made
available until the Capitol Police Board has provided a plan
to the Committees on Appropriations of the House and Senate
for its use in enhancing security within the Capitol campus.
GENERAL EXPENSES
The agreement includes $66,000,000 for general expenses of
the Capitol Police.
ADMINISTRATIVE PROVISION
The agreement provides for deposit of reimbursements for
law enforcement assistance in connection with an activity
that was not sponsored by Congress.
Office of Compliance
SALARIES AND EXPENSES
The agreement includes $3,959,000.
Congressional Budget Office
SALARIES AND EXPENSES
The agreement includes $46,500,000 for salaries and
expenses.
Architect of the Capitol
The Architect of the Capitol is currently engaged in rather
large construction projects on the Capitol campus. Those
projects include the Restoration and Renovation Cannon House
Office Building and the Capitol Power Plant West
Refrigeration Plant Chiller System Replacement. In order to
ensure these projects remain on track, stay within the
approved scope, and on budget the Congress directs the
Architect of the Capitol to not obligate any funding provided
in the Act until the Architect submits to the Architect of
the Capitol's Office of the Inspector General a plan
confirming each project was developed and prioritized
according to established project management process using
industry best practices to include scope, budget, schedule,
and cost schedule risk assessments to ensure that the project
will be carried out in a timely and cost-effective manner;
and the Architect of the Capitol's Inspector General provides
notification of such plan to the Committees on
Appropriations.
The Architect of the Capitol's Inspector General shall
provide quarterly status updates on Cannon House Office
Building to the House Committee on Appropriations.
The Architect of the Capitol's Inspector General shall
provide quarterly status updates on the Capitol Power Plant
to the Committees on Appropriations.
Capital Construction and Operations
The agreement includes $91,589,000 for Capital Construction
and Operations.
Capitol Building
The agreement includes $46,737,000, for maintenance, care,
and operation of the Capitol, of which $22,737,000 shall
remain available until September 30, 2020.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $24,000,000
Project Budget:
1. FY 2017 Presidential Inaugural Stands......... 4,950,000
2. Exterior Stone & Metal Preservation, South 14,287,000
Extension, Phase IIB............................
3. Minor Construction............................ 3,500,000
------------------
22,737,000
Total, Capitol Building...................... $46,737,000
------------------------------------------------------------------------
Capitol Grounds
The agreement includes $11,880,000 for the care and
improvements of the grounds surrounding the Capitol, House
and Senate office buildings, and the Capitol Power Plant, of
which $2,000,000 shall remain available until September 30,
2020.
With respect to operations and projects, the following was
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $9,880,000
Project Budget:
1. Minor Construction............................ 2,000,000
------------------
Total, Capitol Grounds....................... $11,880,000
------------------------------------------------------------------------
Senate Office Buildings
The agreement includes $84,221,000 for the maintenance,
care and operation of the Senate office buildings, of which
$26,283,000 shall remain available until September 30, 2020.
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.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $57,938,000
Project Budget:
1. Senate Underground Garage Renovations & 8,200,000
Landscape Restoration, Phase IB.................
2. Exterior Envelope Repair & Restoration, Phase 10,182,000
III West Facade, RSOB...........................
3. Kitchen Exhaust System Upgrade, Phase III, 1,732,000
DSOB, RSOB......................................
4. Exterior Envelope Rehabilitation, HSOB........ 1,169,000
5. Minor Construction............................ 5,000,000
------------------
26,283,000
Total, Senate Office Buildings............... $84,221,000
------------------------------------------------------------------------
House Office Buildings
The agreement includes $174,962,000 for the basic and
recurring needs of the House within the House Office
Buildings account, of which $48,885,000 shall remain
available until September 30, 2020 and $62,000,000 shall
remain available until expended.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $64,077,000
Project Budget:
1. Garage Rehabilitation, Phase I, RHOB.......... 17,825,000
2. House Office Building Security Improvements, 20,400,000
Phase I.........................................
3. House CAO Projects............................ 3,660,000
4. Restoration & Renovation, CHOB................ 62,000,000
5. Minor Construction............................ 7,000,000
------------------------------------------------------------------------
[[Page H10364]]
110,885,000
Total, House Office Buildings (base program). $174,962,000
------------------------------------------------------------------------
House Historic Buildings Revitalization Trust Fund.-- In
addition to funding for core facility needs, the agreement
includes $10,000,000 for the Historic Buildings
Revitalization Trust Fund, to remain available until
expended.
As these funds relate 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 $94,722,499 for maintenance, care and
operation of the Capitol Power Plant, of which $17,581,499
shall remain available until September 30, 2020.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $86,141,000
Project Budget:
1. WRP Chiller System Replacement, RPR, Phase 11,956,499
IIIS, CPP.......................................
2. Cogeneration Management Program............... 1,625,000
3. Minor Construction............................ 4,000,000
------------------
17,581,499
Subtotal, Capitol Power Plant................ $103,722,499
Offsetting Collections............................... (9,000,000)
------------------
Total, Capitol Power Plant................... $94,722,499
------------------------------------------------------------------------
Library Buildings and Grounds
The agreement includes $40,689,000 for Library of Congress
buildings and grounds, of which $15,746,000 shall remain
available until September 30, 2020.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $24,943,000
Project Budget:
1. Emergency Lightning System Upgrade, JAB....... 3,331,000
2. Collection Storage Modules Design Modules 6 & 1,994,000
7, Ft. Meade....................................
3. Direct Digital Controls Upgrade, Phase III, 4,321,000
JMMB............................................
4. East and West Pavilion Roof Replacement, TJB.. 4,100,000
5. Minor Construction............................ 2,000,000
------------------
15,746,000
Total, Library Buildings and Grounds......... $40,689,000
------------------------------------------------------------------------
Capitol Police Buildings, Grounds, and Security
The agreement includes $25,434,000 for Capitol Police
Buildings, Grounds, and Security, of which $7,901,000 shall
remain available until September 30, 2020.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $17,533,000
Project Budget:
1. Power Switchgear Replacement, USCP HQ......... 3,525,000
2. Critical Electrical Infrastructure Upgrade, 3,376,000
ACF.............................................
3. Minor Construction............................ 1,000,000
------------------
7,901,000
Total, Capitol Police Buildings, Grounds, and $25,434,000
Security....................................
------------------------------------------------------------------------
Botanic Garden
The agreement includes $12,113,000 for salaries and
expenses for the Botanic Garden, of which $2,100,000 shall
remain available until September 30, 2020.
With respect to operations and projects, the following is
agreed to:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget..................................... $10,013,000
Project Budget:
1. Minor Construction............................ 2,100,000
------------------
Total, Botanic Garden........................ $12,113,000
------------------------------------------------------------------------
Capitol Visitor Center
The agreement includes $20,557,000 for the Capitol Visitor
Center.
ADMINISTRATIVE PROVISIONS
The agreement prohibits payments of bonuses to contractors
behind schedule or over budget, prohibits expenditure of
funds for scrims for projects performed by the Architect of
the Capitol, and authorizes acquisition of certain acreage at
Fort George Meade from the Maryland State Highway
Administration.
Library of Congress
SALARIES AND EXPENSES
The agreement includes $419,621,000 in direct
appropriations and authority to spend receipts of $6,350,000.
The amount includes $1,300,000 to begin the financial
management system software upgrade, $500,000 financial system
study, $4,800,000 for the national collection stewardship
program, and $8,231,000 for the digital collections and
education curricula program.
Library Procurement.--In the fiscal year 2013 House Report
112-511 the Committee expressed its concern with the findings
in a recently issued Office of Inspector General (OIG) report
concerning the Library Wide Acquisition Function. The OIG
report contained many findings, some that were reported
either in previous OIG audits or memoranda, as far back as
ten years, that needed immediate Library management
attention. There are concerns about continued weaknesses
within the Library's procurement process, as demonstrated
when the Committee received a reprogramming request on the
next to the last day of fiscal year 2015. These weaknesses
threaten the ability of the Library to make timely purchases
of necessary goods and services, provide the best value for
the taxpayer, and preserve funds for other mission-critical
activities.
The Library is directed to follow the recommendations of
the Library's OIG and federal agency best practices related
to procurement, tracking and prioritizing unobligated
balances throughout the fiscal year. Furthermore, the Library
is directed to develop and submit any reprogramming requests
of such unobligated balances no later than August 1st of each
fiscal year.
Copyright Office
SALARIES AND EXPENSES
The agreement includes $23,098,000 in direct appropriations
to the Copyright Office. An additional $35,777,000 is made
available from receipts for salaries and expenses.
The resources provided are in recognition that the current
Copyright system is not serving creators and industry to the
standard necessary to promote creative and commercial
exchange. With the limited resources available in the
Legislative Branch, it is imperative that these additional
resources provided in this agreement and in fiscal year 2015
are used in a manner that achieves the universal goal of
improving the Nation's Copyright system. In fiscal year 2015,
the Committee required an expenditure plan for the use of
funds and received two plans for use of funds within two
months. The multiple submissions have raised concerns that
there is not a comprehensive plan in which to bring the
Copyright system into the modern age. House Report 114-110
requires the Register of Copyrights to submit a detailed plan
on necessary IT upgrades, a cost estimate for the full
modernization effort, and a funding strategy with a time
frame for completion. The expectation is that the
requirements set forth in House Report 114-110 will formalize
a plan that all stakeholders can work from to ensure that
funds are being used effectively.
In addition, the appropriated dollars above fiscal year
2015, $2,300,000, is not available for obligation until the
Committees receive the IT plans and cost estimates required
in House Report 114-110. After submission of the IT plan and
cost estimate, the Register is directed to provide quarterly
reports on its expenditure of funds and milestones achieved
to implement the IT upgrades to modernize the Copyright
system.
Congressional Research Service
SALARIES AND EXPENSES
The agreement includes $106,945,000 for salaries and
expenses.
Books for the Blind and Physically Handicapped
SALARIES AND EXPENSES
The agreement includes $50,248,000 for salaries and
expenses.
ADMINISTRATIVE PROVISIONS
The agreement authorizes obligational authority for
reimbursable and revolving funds, and designates Dr. James H.
Billington as Librarian of Congress Emeritus.
Government Publishing Office
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $79,736,000 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 $30,500,000.
GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS REVOLVING FUND
The agreement includes $6,832,000.
Government Accountability Office
SALARIES AND EXPENSES
The agreement includes $531,000,000 in direct
appropriations for salaries and expenses of the Government
Accountability Office. In addition, $25,450,000 is available
from offsetting collections.
Funding for GAO is provided at a level that will maintain
staffing levels achievable with the fiscal year 2015 funding
level.
ADMINISTRATIVE PROVISION
The agreement authorizes details of personnel to the
Government Accountability Office.
Open World Leadership Center Trust Fund
The agreement includes $5,600,000 for payment to the Open
World Leadership Center Trust Fund.
The Congress appreciates the role that the Open World
Leadership Center has played in linking Members of the House
and Senate to rising legislative and civic leaders in
countries critical to American interest. However, the
Congress believes that the Centers' mission and role should
be directly relevant to the role of the legislative branch of
Congress. As such, the Center's board of trustees is directed
to provide the relevant authorization and appropriations
committees with a report on how the Center can serve the
Congress in a more effective and relevant manner.
[[Page H10365]]
This report shall: 1) provide a strategic plan for the
Center's efforts to enhance engagement and cooperation
between the Congress and legislatures abroad; 2) provide an
analysis on how the Center could support and collaborate with
other legislative branch agencies such as the House Office of
Inter-parliamentary Affairs and the House Democracy
Partnership; and 3) propose any statutory changes required
for the Center to focus its mission on supporting
Congressional engagement with legislatures in emerging
democracies abroad. The report is to be provided to the
relevant committees no later than March 31, 2016.
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, landscape maintenance, limitation on transfers,
guided tours of the Capitol, battery recharging stations, and
self-certification of performance appraisal systems for
senior-level employees.
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DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
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 2016.
Unless otherwise noted, reference to the House and Senate
reports are to House Report 114-92 and Senate Report 114-57.
The language set forth in House Report 114-92 and Senate
Report 114-57 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. 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 not later than 60 days after enactment of this Act.
All other reporting deadlines not specifically directed by
this explanatory statement are to be met.
Construction Contracting Outreach.--Department of Defense
(DOD) and Department of Veterans Affairs (VA) construction
projects funded in this Act are, in general, executed by the
U.S. Army Corps of Engineers, the Naval Facilities Command,
and the VA Office of Construction. Effective communication
between Federal procurement officials and the construction
industry is essential to improve opportunities for local
contractors to compete for local DOD and VA construction
projects. But despite the efforts of the Office of Federal
Procurement Policy to increase communication between
procurement officers and industry, local contractors continue
to report that they often do not know about nor have the
opportunity to compete for contracts for federally funded
construction projects. Therefore, the Secretaries of the Army
and the Navy, and the Secretary of Veterans Affairs are
directed to ensure that their respective regional/district
offices responsible for construction projects inform and
engage local construction industry contractors, especially
small businesses, minority-owned businesses, and women-owned
businesses, about Federal procurement opportunities and the
bidding process. Each Secretary is further directed to
provide to the Committees on Appropriations of both Houses of
Congress (``the Committees''') not later than 90 days after
enactment of this Act a comprehensive outreach plan for
regional and district offices that includes targeted
outreach, Web-based technologies, social media and other
proactive strategies to reach a broader group of local
contractors.
TITLE I
DEPARTMENT OF DEFENSE
Bid Savings.--It has been ascertained from cost variation
notices required by 10 U.S.C. 2853 that the Department of
Defense continues to have bid savings on previously
appropriated military construction projects. Therefore, the
agreement includes rescissions to the Army, Air Force, and
Defense-Wide 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.
The Secretary of Defense is further directed to assess the
backlog of projects identified by the services and the
defense agencies and report the expected costs and timeline
for completion of the backlog to the congressional defense
committees not later than 90 days after enactment of this
Act.
Pacific Realignment.--U.S. economic and security interests
are inextricably linked to developments in the arc extending
from the Western Pacific and East Asia into the Indian Ocean
and South Asia, creating a mix of evolving challenges and
opportunities. The Department of Defense has stated that it
would tailor its global presence and posture by rebalancing
toward the Asia-Pacific region, emphasizing existing
alliances and expanding networks of cooperation with emerging
partners throughout the region to ensure collective
capability and capacity for securing common interests. As
part of this rebalance, the U.S. Pacific Command currently
has programmed $775,000,000 over the next five years for
military construction in the region.
Approximately 39,000 U.S. military personnel, 43,000
dependents, and 5,000 DOD civilian employees are currently
stationed on Japan, and the majority of this presence resides
in Okinawa. Okinawa hosts over 25 percent of the U.S. bases
in Japan, and Okinawa's bases house approximately 8,000 Air
Force personnel and up to 19,000 Marine Corps personnel on
any given day. Attempts to realign, consolidate, and increase
the sustainability of this presence have been ongoing for
nearly two decades. Early plans were to move approximately
8,000 Marines and 9,000 dependents from Okinawa to Guam;
however, in 2012 representatives from the U.S. and Japanese
governments announced a revised plan that would relocate over
9,000 Marines from Okinawa and realign Marine forces
throughout the Pacific: 4,800 to Guam, 2,700 to Hawaii, and
2,500 rotational troops to Australia.
The U.S. Government Accountability Office (GAO) has been
reporting on Asia Posture plans and costs since 2011. Based
on GAO's reports, it is not clear if sufficient existing
military infrastructure is available in any of the receiving
locations to support the relocation or if DOD has developed
adequate cost estimates of infrastructure development that
will be needed to ensure mission capability. In addition, the
U.S. Government is still negotiating certain Host Nation and
land use agreements that are key to executing the
construction plan.
As a result, The Comptroller General of the United States
is directed to conduct a study and report the results of the
study to the congressional defense committees by February 1,
2017. At a minimum, The Comptroller General's study should
address the status of progress being made on the various
realignment initiatives, the costs associated with these
plans, whether any alternatives to this plan are being
considered, and should answer the following questions:
(1) What is the status of the realignment initiatives, have
alternatives been considered, and to what extent has DOD
identified a plan that lays out the appropriate sequencing of
projects supporting the realignment of Marines and the
interdependent projects on Okinawa, including associated time
frames and costs for the projects?
(2) Can the Okinawa realignment timeframe be accelerated?
(3) What is the status of development of DOD's master plan
to support the relocation of Marines to Guam?
(4) To what extent does sufficient, usable excess capacity
exist on bases in Hawaii to support the Marines' relocation
there?
(5) To what extent do sufficient facilities in Australia
exist to support the planned force rotations there?
(6) What estimated costs has DOD identified it will need to
develop new, or redevelop existing, infrastructure in Guam,
Hawaii, Australia, or other locations it may be considering
for the realignment?
(7) What is the status of relevant Host Nation and land use
agreements required to execute the plan? Which agreements are
most likely to be challenged in court and result in further
delays to the plan?
(8) Are there any suitable locations other than the Futenma
Relocation Facility on or near the island of Okinawa to host
Marine Corps aviation assets? If so, would there be any
efficiencies or cost savings associated with a different
location?
Missile Defense.--Rapid implementation of the European
Phased Adaptive Approach remains a high priority. The first
Aegis Ashore missile defense site in Deveselu, Romania, is
expected to be fully operational by the end of 2015.
Construction in Romania has not been without difficulty,
including delays and additional costs associated with the
high-altitude electromagnetic pulse shields. This agreement
fully funds the request to build the second Aegis Ashore site
in Redzikowo, Poland, and the Missile Defense Agency (MDA) is
expected to apply the lessons learned from construction in
Romania to expedite the project in Poland. As Iranian
ballistic missiles become increasingly advanced, the
activation of the Aegis Ashore sites is essential to the
protection of U.S. and allied interests in Eastern and
Central Europe. The European Reassurance Initiative has
increased the number of U.S. and NATO rotational forces in
Europe, and the MDA is directed to accelerate activation of
the Aegis Ashore systems wherever possible.
Expansion of U.S. Africa Command Operations in Africa.--
Increased activity by violent extremist groups in Africa,
including the November 20, 2015, terrorist attack in Mali
which claimed the lives of 20 victims, including one
American, underscores the growing importance of the anti-
terrorism mission of the U.S. Africa Command (AFRICOM) on the
continent. As a result, AFRICOM has steadily increased its
intelligence, surveillance, and reconnaissance operations and
its network of contingency and Cooperative Security Locations
(CSLs) for the temporary staging of crisis response forces.
These contingency locations include an airbase in Niger, for
which $50,000,000 is provided in this Act for infrastructure
and airfield improvements, and an expeditionary post in
Cameroon to accommodate the recently announced deployment of
up to 300 U.S. military personnel to aid in the fight against
Boko Haram and other terrorist organizations in West Africa.
U.S. forces generally rely on existing Host Nation
infrastructure to support their operations, but as with the
Niger base, Department of Defense funding may be required for
infrastructure improvements to accommodate U.S. personnel and
operations. CSLs and expeditionary bases represent an
expedient and cost-effective means for U.S. forces to support
African national efforts to combat terrorism and to protect
U.S. security interests, but it is important for the
Department to ensure that any required infrastructure
improvements at these locations are undertaken within
appropriate congressional funding authorities. The Department
is therefore directed to provide to the Committees quarterly
reports, beginning after the first quarter of fiscal year
2016, on any infrastructure investment required to support
U.S. forces and operations at CSLs or other expeditionary
bases in Africa, the funding source for these investments,
and the justification for using Operation and Maintenance or
other DOD funding sources versus Military Construction
authorities to fund these investments. These reports shall be
provided in the appropriate classified and unclassified
formats.
MILITARY CONSTRUCTION, ARMY
The agreement provides $663,245,000 for Military
Construction, Army. Within this
[[Page H10379]]
amount, the agreement provides $109,245,000 for study,
planning, design, architect and engineer services, and host
nation support.
Instruction Building.--The agreement does not include
funding for the Instruction Building located at Joint Base
Myer-Henderson Hall. There is concern that the initial design
of this facility failed to incorporate the Fife and Drum
Corps needs. As a result, formal design on this project did
not start due to concerns regarding the scope of this
project. While concerns remain, the replacement facility is
necessary due to the current condition of the existing
facility. Therefore, the Secretary of the Army is directed to
take the necessary steps to create a concept plan that meets
the needs of both the Army Band and the Fife and Drum Corps
at one site. This plan shall be submitted to the
congressional defense committees not later than 120 days
after enactment of this Act.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $1,669,239,000 for Military
Construction, Navy and Marine Corps. Within this amount, the
agreement provides $91,649,000 for study, planning, design,
architect and engineer services.
Live-Fire Training Range Complex (NW Field).--The agreement
fully supports the efforts of the Marine Corps to establish
the appropriate training ranges on Guam in support of the
movement of Marines from Okinawa. However, there is concern
that the projected cost of the supporting facilities for the
live-fire training ranges, in general, tend to be
considerably higher in cost than the range itself. Therefore,
the Secretary of the Navy is directed to submit a report to
the congressional defense committees not later than 90 days
after enactment of this Act detailing how support facilities
are determined for each range.
Townsend Bombing Range.--The agreement includes full
funding for the construction of the Townsend Bombing Range
Expansion, Phase 2. However, there are concerns that the Navy
has failed to consider the impact that the range expansion
would have on the local timber economy and therefore funding
of this project is fenced until an agreement between all
stakeholders can be met.
MILITARY CONSTRUCTION, AIR FORCE
The agreement provides $1,389,185,000 for Military
Construction, Air Force. Within this amount, the agreement
provides $89,164,000 for study, planning, design, architect
and engineer services.
Lajes Field, Azores.--The agreement does not contain House
section 130 due to the inclusion of Section 2310 of P.L. 114-
92, the National Defense Authorization Act for Fiscal Year
2016 which addresses potential operations at Lajes Field as
well as the Joint Intelligence Analysis Center. Section 2310
requires the Secretary of Defense to submit a determination
of the operational viability of use for Lajes Field by March
1, 2016. Additionally, Section 2310 prohibits obligation of
the fiscal year 2016 funds for the Joint Intelligence
Analysis Center, phase II pending a certification by the
Secretary of Defense of the optimal location for the Joint
Intelligence Analysis Center to the congressional defense
committees.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,242,867,000 for Military
Construction, Defense-Wide. Within this amount, the agreement
provides $175,404,000 for study, planning, design, architect
and engineer services. Within this amount, an additional
$15,000,000 is provided for the Missile Defense Agency
planning and design account. The additional funding is to
expedite the construction and deployment of urgently needed
missile defense assets in various locations within the
Continental United States, including Alaska and Hawaii.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The agreement provides $197,237,000 for Military
Construction, Army National Guard. Within this amount, the
agreement provides $20,337,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The agreement provides $138,738,000 for Military
Construction, Air National Guard. Within this amount, the
agreement provides $5,104,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, ARMY RESERVE
The agreement provides $113,595,000 for Military
Construction, Army Reserve. Within this amount, the agreement
provides $9,318,000 for study, planning, design, architect
and engineer services.
MILITARY CONSTRUCTION, NAVY RESERVE
The agreement provides $36,078,000 for Military
Construction, Navy Reserve. Within this amount, the agreement
provides $2,208,000 for study, planning, design, architect
and engineer services.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The agreement provides $65,021,000 for Military
Construction, Air Force Reserve. Within this amount, the
agreement provides $13,400,000 for study, planning, design,
architect and engineer services.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The agreement provides $135,000,000 for the North Atlantic
Treaty Organization Security Investment Program which is
$15,000,000 above the budget request. The additional funding
will support responses to the challenges posed by Russia and
to the risks and threats emanating from the Middle East and
North Africa.
Family Housing Overview
Homeowners Assistance Program--Delayed Expression or
Delayed Identification of Injured Beneficiaries.--As the
Executive Agent for the Homeowners Assistance Program (HAP)
across the Department of Defense, the Army mistakenly
administered approximately 76 applicants whose injuries were
incurred during a military deployment, while they owned a
home, and experienced delayed expression or delayed
identification of the injury. The applicants were paid in
good faith and in accordance with guidance from Congress and
the Department of Defense to err in favor of wounded, ill,
and injured HAP applicants. If these beneficiaries had
suffered from an obvious physical injury--which the HAP
statute envisioned--their injury would have been clearly
documented at the time they owned their home, and they would
have qualified for HAP benefits. Therefore, no funds from
this Act shall be used to collect overpayments for any
wounded, ill, or injured HAP beneficiary with delayed
expression or delayed identification, or send notice letters,
while the Department further develops permanent legislative
solutions with Congress.
FAMILY HOUSING CONSTRUCTION, ARMY
The agreement provides $108,695,000 for Family Housing
Construction, Army. This is an increase of $9,000,000 above
the budget request.
Army Family Housing Construction Increase.--The agreement
includes a $9,000,000 increase to the family housing
construction project located at Rock Island Arsenal, at the
request of the Army. The increase is required because bids
the Army received for a corresponding fiscal year 2015
project were 139 percent of the programmed amount, and the
Army subsequently revised its cost estimate for the fiscal
year 2016 project to reflect this bid climate. The source of
the additional funding is from a rebalancing of the Army
Family Housing, Operation and Maintenance account to reflect
updated estimates. Both the construction project cost
increase, and the corresponding rebalancing of the Army
Family Housing, Operation and Maintenance account are
consistent with the National Defense Authorization Act for
Fiscal Year 2016.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The agreement provides $375,611,000 for Family Housing
Operation and Maintenance, Army. This is a decrease of
$17,900,000 below the budget request and reflects the Army's
updated estimates for this account.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $16,541,000 for Family Housing
Construction, Navy and Marine Corps.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The agreement provides $353,036,000 for Family Housing
Operation and Maintenance, Navy and Marine Corps.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The agreement provides $160,498,000 for Family Housing
Construction, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $331,232,000 for Family Housing
Operation and Maintenance, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $58,668,000 for Family Housing
Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
The agreement provides $266,334,000 for the Department of
Defense Base Closure Account, which is $15,000,000 above the
request. The additional funding is for the Army and the Navy
to accelerate environmental remediation at installations
closed under previous Base Closure and Realignment rounds.
Infrastructure Inventory and Assessment of Infrastructure
Necessary to Support Ongoing Defense Activities.--Language in
House Report 114-92 requiring the Secretary of Defense to
conduct an inventory and assessment of infrastructure
necessary to support ongoing Defense activities is modified
to conform to a similar requirement in Sec. 2815 of P.L. 114-
92, the National Defense Authorization Act for Fiscal Year
2016.
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.
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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 Fund.
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 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.
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 rescinding unobligated
balances from the Military Construction, Army and Family
Housing Construction, Army accounts.
The agreement includes section 126 rescinding unobligated
balances from the Military Construction, Air Force account.
The agreement includes section 127 rescinding unobligated
balances from the Military Construction, Defense-Wide
account.
The agreement includes section 128 providing additional
funds for Military Construction, Army.
The agreement includes section 129 providing additional
funds for Military Construction, Navy and Marine Corps.
The agreement includes section 130 providing additional
funds for Military Construction, Army National Guard.
The agreement includes section 131 providing additional
funds for Military Construction, Army Reserve.
The agreement includes section 132 providing additional
funds for Defense Access Roads.
The agreement includes section 133 providing additional
funds for Military Construction, Air Force.
The agreement includes section 134 providing additional
funds for Military Construction, Air National Guard.
The agreement includes section 135 defining the
congressional defense committees.
The agreement includes section 136 rescinding unobligated
balances from the fund established by Sec. 1013(d) of 42
U.S.C. 3374.
The agreement includes section 137 providing additional
funds for Military Construction, Air Force Reserve.
The agreement includes section 138 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 139 (House section 515)
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 transfer 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.
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TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $76,865,545,000 for Compensation and
Pensions for fiscal year 2016, reflecting new estimates
provided in the Administration's mid-session review. Of the
amount provided, not more than $15,562,000 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. The agreement also provides in
advance $86,083,128,000 for Compensation and Pensions for
fiscal year 2017, of which not to exceed $16,021,000 shall be
transferred to the two accounts listed above. This is the
first year advance appropriations have been authorized and
provided for this account.
READJUSTMENT BENEFITS
The agreement provides $14,313,357,000 for Readjustment
Benefits, reflecting new estimates provided in the
Administration's mid-session review. In addition,
$16,340,828,000 is provided in advance for Readjustment
Benefits in fiscal year 2017. This is the first year advance
appropriations have been authorized and provided for this
account.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $77,160,000 for Veterans Insurance
and Indemnities for fiscal year 2016, as well as advance
appropriations for fiscal year 2017 totaling $91,920,000.
This is the first year advance appropriations have been
authorized and provided for this account.
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 $164,558,000 shall be available for
administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $31,000 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account,
plus $367,000 to be paid to the appropriation for General
Operating Expenses, Veterans Benefits Administration. The
agreement provides for a direct loan limitation of
$2,952,000.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $1,134,000 for administrative
expenses of the Native American Veteran Housing Loan Program
Account.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
The agreement provides $51,673,000,000 in advance for
fiscal year 2017 for Medical Services and makes
$1,400,000,000 of the advance available through fiscal year
2018. The agreement also provides $2,369,158,000 for fiscal
year 2016 in addition to the advance appropriation provided
last year.
Choice Program.--The Choice program, created in the
Veterans Access, Choice, and Accountability Act (VACAA) of
2014, was designed to provide needed care outside the VA
system for veterans who lived far from VA medical facilities
or who were unable to receive an appointment within a
reasonable time period at a VA clinic or hospital. VACAA
included $15,000,000,000 in emergency, mandatory funding to
finance the new program as well as investments in building VA
capacity. The first year of the program was fraught with
uncertainty. Usage of the Choice program was well below
expectations. Yet, the information about the existence of the
program generated demand for the existing VA program that was
well beyond projections or capacity. The resulting strain on
care provided through VA appropriated funds reached a crisis
level last August when Congress was forced to transfer Choice
program funding to the discretionary accounts to keep VA
hospitals operating. That crisis generated the requirement
from Congress that VA develop a comprehensive plan to
restructure the Choice program and consolidate it with the
myriad other non-VA care programs operated by the Department.
As this new plan is developed and implemented by Congress,
great uncertainty still exists about the demand for
traditional VA care versus care provided by outside entities
but funded by VA. The funding provided through VACAA will be
exhausted sometime in fiscal year 2016 or 2017, creating
unprecedented demands on the discretionary account. The
Department is directed to provide to the Committees its cost
projections for Medical Care for fiscal year 2016 and 2017
not later than 60 days after enactment of this Act and every
subsequent quarter thereafter. In the absence of reasonable
projections of usage of VA care, the agreement provides a
total of nearly $2,500,000,000 for fiscal year 2016 Medical
Care in addition to the $58,662,202,000 provided in advance
last year. The bill provides the original advance funding
request for fiscal year 2017 of $63,271,000,000, with the
expectation that the Department will submit a request for
additional funding in the 2017 budget.
Given that there may be significant unfunded liabilities
created by VACAA, the agreement includes bill language
permitting the transfer of funding from multiple VA
appropriations accounts to Medical Services to address
unfunded needs.
Expansions of the Choice Program.--Subsequent eligibility
expansions of the Choice program by VA and by legislation
have been welcome developments. These expansions,
particularly those regarding environmental factors, have
opened the aperture for the Choice program and will allow
more veterans to utilize non-VA care options. The Department
is encouraged to implement these eligibility changes to the
Choice program in an expedited manner and to consider
including travel time and total distance to a VA medical
facility, which can address the veteran's specific healthcare
needs, when determining eligibility for the Choice program.
Evaluation of the Implementation of the Choice Act.--GAO is
directed to submit to the Committees a report evaluating the
implementation by the Department of section 101 of VACAA, as
described in Senate bill section 250.
Interim Results Regarding Changes to Access to Care for
Veterans.--VA is directed to submit a report to the
Committees not later than February 1, 2016, detailing the
changes in the delivery of care to Alaskan veterans
subsequent to passage of the Choice Act, as described in the
Senate bill section 251.
Impact of the Choice Program on Rural Areas.--The
Department is instructed to submit a report to the Committees
not later than 180 days after enactment of this Act on the
implementation of the Choice Act in rural areas, as described
in Senate bill section 254.
Oversight of VA Patient Access to Care.--To ensure that the
Veterans Health Administration's Veterans Integrated Service
Networks (VISNs) are complying with all legal and policy
standards with respect to veterans' timely access to medical
care, the agreement directs GAO to conduct a random audit of
at least three VISNs, and, to the extent practical, three
individual medical facilities within those VISNs. The audit
should assess whether the VISNs and facilities have assurance
programs in place to confirm compliance with all standards
imposed under law or any policy guidance issued by the
Department regarding access to hospital care, or other
healthcare provided by the Veterans Health Administration, or
provided through a contractual agreement with a non-VA
provider.
Despite the Department's efforts to decrease patient wait
times, progress is uneven, and distressing reports abound
from certain areas of the country about veterans' inability
to get timely care. To better understand why these geographic
services gaps exist, the Department is directed to submit a
report to the Committees not later than 90 days after
enactment of this Act, with respect to the South Texas
Veterans Health Care System, the Central Alabama Veterans
Health Care System, the North Florida/South Georgia Veterans
Health System, the Gulf Coast Veterans Health Care System,
and the VA Montana Health Care System, including: (1) a
description of the current baseline and the nature and scope
of any foreseeable increase in wait times for medical
appointments; (2) an assessment of whether a shortage of
healthcare providers is the primary cause of any such
increase in wait times; (3) an identification of any other
causes of an increase in wait times; (4) a description of any
action taken by the Department to correct any such increase
in wait times; (5) an assessment of any issues relating to
access to care; and (6) a plan for how the Secretary will
remedy any such increase in wait times, including a detailed
description of steps to be taken and a timeline for
completion.
Curing Hepatitis C within the Veteran Population.--The
Department is to be commended for robustly treating veterans
with Hepatitis C (HCV), which is a particular concern because
the veteran population is twice as likely to have the virus
as the general population. VA has developed a Hepatitis C
projection model, which is able to project both the
prevalence of HCV infections within the enrolled veteran
population and the number of treatments needed from 2014
through 2023. Available HCV drugs have a cure rate of 96
percent, and early, preventative treatments avoid tens of
thousands of dollars in future spending on transplants and
chemotherapy. To that end, the agreement includes bill
language funding the treatment of Hepatitis C within the VA
system at no less than $1,500,000,000 in fiscal year 2016,
which is $810,000,000 above the President's request.
To assist in congressional oversight, VA is directed to
report to the Committees in quarterly briefings the number of
veterans treated to date, the number of veterans treated each
week, the number of veterans pronounced cured to date, the
projected number of new cases, and the estimate of veterans
likely to be cured during the next quarter. In addition, VA
should indicate in a report sent to the Committees not later
than 90 days after enactment of this Act the Department's
volume capacity for treatment and the Department's strategic
plan for addressing the veteran Hepatitis C caseload over the
next five years. VA is also directed to report quarterly to
the Committees obligations for funding Hepatitis C treatments
as part of the larger crosscutting VA quarterly financial
report required in section 219.
Caregivers.--The agreement provides $605,000,000 for the
Caregiver Program, which is $50,000,000 above the budget
request. The funding will support stipends paid directly to
[[Page H10395]]
family caregivers of post-9/11 veterans seriously injured in
the line of duty, as well as the national caregiver support
line and increased support for caregiver support
coordinators.
Vet Centers.--The agreement provides $258,000,000 for
readjustment counseling at Vet Centers, which is $15,000,000
above the budget request. The increased funds are to be used
for Vet Centers, including mobile Vet Centers, to address the
unmet mental health needs of veterans in rural and highly
rural areas.
Rural Healthcare.--The agreement includes $270,000,000 for
the Office of Rural Health. This funding continues the Rural
Health Initiative established by Congress in fiscal year 2009
to ensure that VA dedicates sufficient resources to reach
veterans residing in rural and highly rural areas who do not
have immediate access to a veterans medical center or
community-based outpatient clinic. VA is strongly encouraged
to continue to improve the accessibility, efficiency, and
effectiveness of care for rural veterans. Section 211 of the
bill permits the transfer of up to $20,000,000 from the
Office of Rural Health to the Grants to States for
Construction of Extended Care Facilities in order to ensure
the needs of rural and highly rural areas are taken into
account in the allocation of these construction funds.
Ending Veteran Homelessness.--The most recent ``Point in
Time Count'' prepared by the Department of Housing and Urban
Development estimates the overall national number of homeless
veterans in January 2015 was 47,725, down 35 percent since
2009. It is expected that this reduction will continue and
will be reflected in next year's ``Point in Time Count''.
Congress has provided more than $7,200,000,000 for homeless
program activities during this time period to support the
Department's efforts. The Department is to be commended for
the continued reduction in homelessness among veterans, but
there is concern that its Agency Priority Goal of ending
homelessness in 2015 may not be realized. The goal is
important, and the Department is directed to continue
prioritizing resources and efforts to end veterans
homelessness. Therefore, the agreement provides the full
fiscal year 2016 and 2017 budget requests for VA homelessness
assistance programs and homeless veteran treatment costs. The
agreement directs the Department to fund the Supportive
Services for Veteran Families and the Grant and Per Diem
Program at the fully authorized level.
Concern remains about the Department's efforts to combat
homelessness among female veterans and female veterans with
minor children. The agreement directs VA to report the
actions it is taking to reduce homelessness among this
population, as directed in the House report.
The Secretary is directed to assess the feasibility and
advisability of conducting a pilot program to award grants to
veterans service agencies, Veteran Service Organizations
(VSOs), and nongovernmental organizations to provide
furniture, household items, and other assistance to formerly
homeless veterans who have transitioned to permanent housing.
Mental Health.--The agreement provides the full budget
request for all VA mental health services and programs, which
totals $7,455,017,000 in fiscal year 2016 and $7,715,357,000
in fiscal year 2017. Within these amounts, the agreement
emphasizes the importance of investing in programs addressing
post-traumatic stress, traumatic brain injury, and suicide
prevention.
The Department is encouraged to seek out public-private
partnerships, particularly with research universities, those
with and without medical schools, to expand its efforts
related to suicide prevention, post-traumatic stress
disorder, traumatic brain injury, and substance abuse
disorders.
The Department is urged to implement a program that would
designate a VA liaison to work with local law enforcement to
ensure that the subsequent needs of veterans who are
considered an immediate threat to themselves and others are
addressed.
The Department is urged to strengthen its relationships
with the VSOs that are working closely with veterans
suffering mental health issues.
VA must be better poised to identify veterans suffering
from combat-related mental health issues and pinpoint those
at risk of committing suicide. In an effort to assist this
effort, the Department is encouraged, after consultation with
the Secretary of Defense, to enter into a contract with an
independent third party to carry out a study on the impact
combat service has had on suicide rates and serious mental
health issues among veterans. To the extent practical, the
study should compare the rate and method of suicides among
those veterans who have sought and received care from the
Veterans Health Administration, and those who have not. The
Secretary should report to the Committees not later than 30
days after enactment of this Act regarding the feasibility of
such a study.
There is concern that the Department is reluctant to permit
the hiring of mental health counselors and marriage and
family therapists who meet all educational, licensing, and
examination requirements to practice in their States, but
whose degree is from an institution not accredited by the
particular organizations VA recognizes. The Department is
urged to pilot the hiring of therapists who meet all the
requirements to practice in their States and report to the
Committees not later than 180 days after enactment of this
Act about its hiring plans for this group of practitioners.
The agreement includes $19,000,000 for the National Centers
for Post-Traumatic Stress Disorder, as outlined in the budget
request.
Women Veterans.--VA must make better progress in addressing
the needs of women veterans. Toward this end, the agreement
fully funds gender-specific healthcare for both fiscal year
2016 and fiscal year 2017. Access to, and utilization of, VA
benefits and services by women veterans remain low, with
women often encountering cultural roadblocks in a system that
was largely designed to meet the needs of male veterans.
Therefore, the Department is directed to ensure that
providers within VA who interact with women veterans in a
clinical setting are trained to treat and address the unique
health issues facing women veterans. Moreover, the agreement
directs the Secretary to conduct an internal analysis to
ensure that each VISN is integrating the unique needs of
female veterans into each component of the healthcare system.
VA is directed to submit this analysis to the Committees not
later than 180 days after enactment of this Act.
In an effort to leverage VA's existing local community
partnerships, VA should establish support networks for women
veterans to assist in accessing healthcare, employment
services, financial counseling, and housing. Furthermore, the
Department is directed to maximize the availability of mental
health services available to veterans who were victims of
military sexual trauma and shall report to the Committees
semi-annually on these efforts. The agreement also directs VA
to continue the Women Veterans Call Center.
Opioid Safety.--To respond to the urgency of the opioid
overdose epidemic, the Department is directed to follow the
guidance from the Senate report in the following areas: (1)
adoption of the safe opioid prescribing practices for
chronic, non-cancer pain in outpatient settings developed by
the Centers for Disease Control and Prevention; (2)
development of mechanisms for including real-time patient
information on existing opioid prescriptions within VA as
well as information in the State Prescription Drug Monitoring
Program; (3) establishment, in consultation with DOD, within
the DOD-VA Joint Executive Council of a working group focused
on patient pain management and opioid therapy; and (4)
provision of the necessary equipment and supplies to make
certain that all VA medical facilities are equipped with
approved opioid receptor antagonists. Additionally, the
Department is directed to report to the Committees not later
than 90 days after enactment of this Act on alternative
treatments to prescribing opioids, which may include an
evidence-based analysis as to which complementary and
integrative health therapies may be effective for the
treatment of pain, as well as how VA can better facilitate
the use of safe and effective complementary and integrative
health therapies for pain management.VA is also instructed to
comply with the Executive Memorandum issued by the President
on October 21, 2015, requiring Federal agencies to provide
training on prescribing opioids to Federal healthcare
professionals who prescribe controlled substances as part of
their Federal responsibilities. The Department should report
to the Committees not later than 90 days after enactment of
this Act the type of training it intends to provide, the
number and position of recipients of the training, and the
time frame for providing the training. Lastly, GAO, as
directed in the Senate report, should report to the
Committees on the effectiveness of the VA Opioid Safety
Initiative.
Consolidated Mail Order Pharmacy.--VA Consolidated Mail
Order Pharmacy (CMOP) ranked highest among mail order
pharmacies for customer satisfaction in J.D. Power and
Associates 2014 National Pharmacy Study. This marked the
fifth consecutive year CMOP scored highest in this survey.
Notwithstanding past success, the program, which has been
recompeted, is now the subject of an Office of Inspector
General (OIG) audit. OIG is directed to keep the Committees
apprised of the ongoing and final results of the audit. The
Department is directed to submit a report to the Committees
not later than 30 days after the OIG audit results are
published detailing a timeline for implementation of any
recommendations which may arise as a result of the OIG audit.
Recruitment and Retention of Healthcare Providers.--GAO is
directed to submit to the Committees a report on the
recruitment and retention of healthcare providers by the
Department, as described in Senate bill section 253.
Locum Tenens Physicians.--The Committees had expressed
concern earlier this year about Drug Enforcement
Administration (DEA) regulations that denied VA locum tenens
physicians prescribing privileges unless they had a license
in the State of practice, even though VA policy permits them
to practice in any VA facility as long as they have a license
in at least one State. It is understood that the DEA has
modified its policies and has granted waivers to VA locum
tenens physicians, alleviating a problem that would have
created physician shortages in some VA facilities.
Medical Residency Positions.--VACAA directed the Department
to increase the number of graduate medical education
residency positions by 1,500 over a five year period. On
September 17, 2014, VA's Office of Academic Affiliations
issued a Request for Proposals to VA healthcare facilities
and received significant interest in the residency positions.
As a
[[Page H10396]]
result, the Interim Under Secretary for Health approved the
allocation of 200 residency positions. By July 2015, 163 of
the allocated positions had been filled. VA's residency
program depends on close coordination with program sponsors
and coordination with the Department of Health and Human
Services (HHS) Centers for Medicare and Medicaid Services. To
better understand limitations within the program and to
better leverage VA's graduate medical education residency
program, the agreement directs the Secretary, in consultation
with the Secretary of HHS, to provide a report to the
Committees not later than 90 days after enactment of this
Act, which details current coordination with the Direct
Graduate Medical Education Program, limitations that may
restrict VA's program and ability to expand to underserved
areas, and a plan to more effectively carry out VA's graduate
medical education program within constraints that exist in
the Direct Graduate Medical Education program.
Antimicrobial Resistance.--The Department is directed to
carry out antimicrobial stewardship programs in accordance
with VHA Directive 1031, as described in the House and Senate
reports.
Pain Management Boards.--The Department is directed to
report on the feasibility of establishing Pain Management
Boards within each VISN, as described in the Senate report.
Transportation Pilot Program.--To take advantage of
innovations in on-demand transportation made possible through
mobile application technology, the Department is encouraged
to conduct a pilot program of this method as a means for
transporting veterans to VA facilities and private providers.
The pilot program would use transportation network companies
to transport veterans for medical care in at least three
metropolitan areas in three different VISNs. The pilot would
take advantage of existing flexibility in current Federal
procurement law, including 41 U.S.C. 1902, to enable
transportation network companies to fully participate in the
pilot program in a manner consistent with their standard
business model. Each trip would be considered a unique
transaction for the purposes of compliance with micro-
purchase procedures. The Secretary shall evaluate the
effectiveness of the pilot and determine: (1) how
transportation network companies can meet gaps in
transportation services; (2) the extent to which veterans'
transportation needs are being met in a cost-effective
manner; and (3) satisfaction from veterans with the quality
of the transportation service and ease of use.
Nurse Call Center.--The Secretary is directed to assess the
feasibility and advisability of implementing a nurse advice
line, including in rural areas and highly rural areas with a
large percentage of veterans, to furnish to veterans medical
advice, appointment and cancellation services, and
information on the availability of benefits from VA. The
pilot should be based on and improve upon the nurse advice
line implemented by DOD for beneficiaries under the TRICARE
program.
MEDICAL SUPPORT AND COMPLIANCE
The agreement provides $6,524,000,000 in advance for fiscal
year 2017 for Medical Support and Compliance and makes
$100,000,000 of the advance funding available through fiscal
year 2018.
MEDICAL FACILITIES
The agreement provides $5,074,000,000 in advance for fiscal
year 2017 for Medical Facilities, as well as $105,132,000 in
fiscal year 2016 funding, which is in addition to the advance
funding provided last year. Of the advance funding,
$250,000,000 is made available through fiscal year 2018.
Joint Healthcare Facilities.--The Department and DOD have
developed an innovative approach to delivering healthcare by
developing a combined VA/DOD clinic, from the ground-up with
compatibility and integration by design. The agreement
encourages the further development and utilization of
innovative ideas that combine duplicative efforts and
restrain redundant costs while also better serving active
duty personnel, their families, retirees, and the veteran
community. The agreement recognizes the need for such
integrated facilities and supports the underlying mission of
these joint ventures. As noted, both Departments consider
these collaborations to be the future in providing medical
services for both communities. Understanding the subsequent
complications that may arise during integration efforts
between these Departments, the agreement encourages both VA
and DOD to provide innovative solutions to overcome these
challenges. The agreement further recognizes that in the
instance of clinics currently under construction, there are
possible cost and schedule overruns due to interagency
funding disputes. Therefore, the Department and DOD are
directed to resolve these issues to preserve the existing
delivery timeline of these clinics and report to the
Committees any outstanding issues related to joint VA/DOD
clinics not later than 30 days after enactment of this Act.
Community-Based Outpatient Clinic Site Selection and
Construction.--Concerns continue to be raised about the
Department's oversight and management of the community-based
outpatient clinic (CBOC) site selection and construction
process. The current VA process does not always provide due
consideration of the interests of the patients who are to be
served by these facilities, as evidenced by sites which are
selected that are located outside areas where the majority of
local veterans live or sites without proximity to public
transportation. Additionally, there is concern regarding VA's
use of multi-phase construction, which can result in
unnecessary delays and added construction costs, in addition
to separate facilities for services that could be delivered
more effectively at one site. Several planned CBOCs, such as
facilities in Lorain, Ohio; Columbus, Georgia; and Rochester,
New York, face these problems. VA must dramatically improve
its long term planning for CBOC site selection and
construction to avoid costly mistakes and ensure veterans'
needs are fully considered and are made a priority in the
overall process. The Department is directed to review the
current CBOC planning process, particularly project design,
site selection, and cost effectiveness evaluations, and to
develop a plan to improve veteran access. VA should report on
the status of each planned CBOC nationwide not later than 30
days after enactment of this Act.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $630,735,000 for Medical and
Prosthetic Research, available until September 30, 2017. Bill
language is included to ensure that the Secretary allocates
adequate funding for research on gender appropriate
prosthetics and toxic exposures.
Colorectal Cancer.--Given that colorectal cancer is the
second leading cause of cancer death in the U.S. and VA will
incur substantial costs associated with its treatment, the
Department is encouraged to support research and development
in diagnostic tests, including a less costly blood test and
stool-based screening tests.
NATIONAL CEMETERY ADMINISTRATION
The agreement provides $271,220,000 for the National
Cemetery Administration (NCA). Of the amount provided,
$26,600,000 is available until September 30, 2017.
NCA Oversight Data.--NCA is instructed to provide the
following performance data to the Committees on a quarterly
basis: the percentage of graves marked within 60 days; the
percentage of veterans served within 75 miles of residence;
and the percentage of headstone and marker applications
processed within 20 days of request. The report should also
include the following workload measures, comparing planned
versus actual for each: the number of interments; the number
of graves maintained; and the applications processed.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $336,659,000 for General
Administration. Of the amount provided, $10,000,000 is
available for obligation until September 30, 2017. The
agreement continues to include language permitting the
transfer of funds from this account to General Operating
Expenses, Veterans Benefits Administration.
The agreement includes the following funding levels:
(in thousands of dollars)
----------------------------------------------------------------------------------------------------------------
Office 2015 Agreement
----------------------------------------------------------------------------------------------------------------
Office of the Secretary....................................... 10,022 10,498
Office of General Counsel..................................... 80,243 92,178
Office of Management.......................................... 44,052 44,535
Office of Human Resources and Administration.................. 61,939 63,555
Office of Policy and Planning................................. 24,990 24,743
Office of Operations, Security and Preparedness............... 17,884 18,907
Office of Public Affairs...................................... 20,253 21,026
Office of Intergovernmental Affairs........................... 2,011 1,927
Office of Congressional and Legislative Affairs............... 5,962 5,962
Office of Acquisition, Logistics and Construction............. 53,789 53,328
-------------------------------------------------
Total..................................................... $321,145 $336,659
----------------------------------------------------------------------------------------------------------------
The agreement recognizes the particular importance of the
mission of the Office of Accountability Review, the security
and safety activities of the Office of Operations, Security,
and Preparedness to protect VA facilities, and the National
Veterans Sports Programs, and supports these programs at the
budget request level.
Whistleblower Protection.--It is unacceptable that
retaliation continues against whistleblowers within the
Department. While VA continues to assert it is doing all
within its
[[Page H10397]]
power to protect whistleblowers and encourage VA employees to
report cases of wrongdoing, there continue to be reports that
in multiple cases when whistleblowers do bring problems to
light, the whistleblowers themselves are attacked in official
and unofficial ways. Such actions are reprehensible, and the
Department is directed to send a clear and unequivocal
message throughout the VA system that retaliation against
whistleblowers will not stand, and that those in leadership
who condone or ignore such retaliation will be held
accountable. The Department is directed to ensure that all VA
employees understand the rights and protections afforded to
them under the law. Further direction on this topic is
included in the Senate report.
Third Party Fee Collection.--The Committees have urged VA
for several years to improve its systems for collection of
third party payments that are owed to VA for non-service-
connected care for veterans at both VA and non-VA facilities.
With exponential increases in non-VA care, it is all the more
important for VA to increase collections of payments it is
rightfully owed. The Department is instructed to conduct a
pilot similar to the one described in the Senate report.
Emphasis should be placed on automated solutions, as
recommended in the September Independent Assessment, but also
on the use of private sector revenue cycle management
techniques and small balance recovery and appeals processes.
The pilot should test these approaches with claims resulting
from both VA and non-VA facility care.
Financial Management Systems.--The Department has had an
abysmal record over the past decade attempting to install a
modern financial management system. After investing hundreds
of millions of dollars, VA has pulled the plug on two
different systems development efforts. Rather than trying to
move forward with another modernization plan, VA has hobbled
along with an antiquated system dating back to the 1980s. The
consequences of this misjudgment became clear earlier this
year when VA was unaware that medical care obligations were
outstripping resources so fast that hospitals were in danger
of closing in August. The Department has asserted that
acquiring a modern financial system does not compete well
against other IT requirements, and therefore, continues to
fall low on the Department's priority list. After the
accounting crisis the Department experienced this summer that
explanation is inexcusable. VA is directed to make the
development of a financial management system, whether
acquired or created, a top priority for 2016.
Equitable Relief.--It is understood that VA is working to
implement new systems and protocols to eliminate instances of
administrative error. However, as VA enacts system-wide
reforms, ending equitable relief for veterans who were deemed
eligible for benefits in error would place an unfair burden
on veterans and their families. The Secretary is directed to
continue to grant or extend equitable relief to eligible
veterans initially deemed eligible in instances of
administrative error. Not later than April 1, 2016, the
Secretary shall submit to the Committees a report containing
a statement as to the disposition of each case recommended to
the Secretary for equitable relief under 38 U.S.C. 503 during
the preceding calendar year.
Reduction in VA Use of Social Security Numbers.--There has
long been concern about the overuse of Social Security
numbers by VA as primary identifiers for veterans. To better
understand the steps being taken by VA to reduce the use of
Social Security numbers as the Department's primary
identifier, the agreement directs the Secretary to submit not
later than 120 days after enactment of this Act a
comprehensive strategic plan to reduce the unnecessary use of
Social Security numbers and VA's reliance on them.
Department Unresponsiveness.--The Department's lack of
timely responses to congressionally directed reporting
requirements is extremely frustrating and directly affects
the ability of the Committees to conduct oversight. All too
often the Department fails to meet the deadlines set forth by
the Committees. As one example of this intransigence, a
report requested in Title II of the fiscal year 2015 House
Report 113-416 titled ``Alternative Financing'', which was
due on September 30, 2014, has yet to be received by the
Committees. In addition, there are currently 25 outstanding
Committee reports the Department has failed to submit on
time. Furthermore, even if the deadlines are met, the
material provided by the Department often lacks substance and
is of little use to the Committees. This frequently forces
the Committees to act on incomplete information and to
request the report again in subsequent Committee reports. The
Secretary is urged to address this issue, extending the
priority given to providing prompt and accurate services for
veterans to other important partners in this effort.
Tribal Officer Certification.--The Department is urged to
revise its current regulations to permit the certification of
Tribal Veterans Service Officers in the same manner as State
and Regional Veterans Officers.
VA Response to Oversight Reports.--The Department is
directed, as indicated in the Senate report, to provide
quarterly progress reports on VA's actions to address
outstanding GAO findings and recommendations, with each
report to be submitted not later than 30 days after the end
of the quarter.
Quarterly Report.--In section 219 of the agreement, VA is
directed to provide on a quarterly basis, not later than 30
days after the end of each quarter, a quarterly financial
status report to include, at a minimum, the information
identified in this paragraph. Such information shall include:
1. VHA obligations and collections for the three Medical
Care accounts, Nonrecurring Maintenance [as a non-add],
Medical Research, the VA-DOD Facility Demonstration Fund, and
MCCF collections--actual to date versus plan;
2. Updated `VA Medical Care Obligations by Program' chart
displayed in the fiscal year 2016 budget justification;
3. Choice Act obligations for sections 801 and 802--actual
to date versus plan;
4. Hepatitis C obligations, amounts funded through
appropriations versus Choice Act, both sources actual to date
versus plan;
5. Cumulative tracking of each transfer within the Medical
Care appropriations accounts and between all VA
appropriations accounts;
6. General Administration obligations--personal services
versus all other--actual to date versus plan;
7. Board of Veterans Appeals obligations--personal services
versus all other--actual to date versus plan;
8. VBA, GOE obligations--personal services versus all
other--actual to date versus plan;
9. Compensation and Pensions, Readjustment Benefits, and
Veterans Insurance and Indemnities--obligations year-to-date
versus plan;
10. NCA obligations--personal services versus all other--
actual to date versus plan;
11. Information Technology Systems obligations--personal
services versus all other--actual to date versus plan;
12. Major and Minor Construction obligations--actual to
date versus plan;
13. Obligations to date for each Major Construction
project, broken into design versus construction; and
14. Status of VA full-time equivalent employment--by
Administration/IT and revolving funds--by quarter, actual
versus plan.
Response to Security Threats.--Given the increasing threats
of violence in the U.S., as well as worldwide, the VA Office
of Security and Law Enforcement is directed to provide to the
Committees not later than 90 days after enactment of this Act
a report assessing the physical security at VA hospitals
nationwide, with its recommendations to improve the safety of
patients and staff who use these facilities. Among other
issues, the report should assess how intelligent policing
solutions could enhance the security of the hospital
facilities.
Travel Restrictions.--While it is understood that VA is
working to reduce costs associated with travel in an effort
to perform more efficiently, the Secretary is directed to
ensure that any reduction in travel does not impact clinical
training or training in the field necessary to provide
veterans with access to healthcare and benefits.
Gender-specific Data.--Last year, the Department was
directed through the Women's Health Service and the Center
for Women Veterans to begin to collect and analyze gender-
specific data and to develop programs and funding
recommendations based on this data. VA was also encouraged,
in consultation with the DOD, to establish a women's working
group within the VA/DOD Joint Executive Committee. The
Department is directed to report to the Committees not later
than 60 days after enactment of this Act on the status of
these efforts.
BOARD OF VETERANS APPEALS
The agreement provides $109,884,000 for the Board of
Veterans Appeals, of which not to exceed $10,788,000 shall
remain available until September 30, 2017. Bill language is
included in section 235 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.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $2,707,734,000 for General Operating
Expenses, Veterans Benefits Administration and makes
available not to exceed $160,000,000 of this funding until
the end of fiscal year 2017. The agreement provides funding
to support the 770 additional full-time equivalent staff
requested in the budget--200 new appeals processors, 320 non-
rating claims processors, 85 fiduciary field examiners, and
165 support personnel. The full request for the Veterans
Benefits Management System is provided in the agreement,
which includes $36,800,000 from this account and $253,000,000
from the Information Technology Systems account. The
agreement also includes the full budget request of
$26,300,000 for the centralized mail initiative and
$140,800,000 for the Veteran Claim Intake Program (VCIP).
Disability Claims Processing.--Members of Congress have
been deeply concerned over the years as the backlog of
veterans compensation claims for service-connected
disabilities reached a peak, and hundreds of thousands of
veterans waited months or years to receive their benefits.
Using the resources Congress has provided, VA has chipped
away at the backlog and is now on a course within months to
clear the backlog. While encouraged by this progress,
Congress will remain vigilant to ensure that VA has put the
necessary processes and manpower in place to avoid slipping
back into a backlog. In addition, the resolution of
increasing numbers of claims has produced a significant
increase in appeals of claims, which creates increased
workload at both the regional offices and at the Board of
Veterans Appeals.
[[Page H10398]]
In expectation of this second wave of an appeals backlog, the
agreement provides funding above the budget request for both
the Veterans Benefits Administration and the Board of
Veterans Appeals. The Department is instructed not later than
90 days after enactment of this Act to provide an integrated
master plan for the appeals process modernization, including
plans to ensure interoperability with the Veterans Benefits
Management System.
To continue the oversight instituted by the Committees in
response to the backlog, the agreement:
--Continues the requirement to provide rigorous, publicly
available Web-based monthly reports to the Committees on
performance measures for each regional office, including the
number of backlogged claims, the average number of days to
complete a claim, and error rates.
--Continues the requirement to submit quarterly reports
that include the number of claims personnel in each regional
office, corrective action taken to remedy any problems at
poorly performing offices, training programs undertaken by
regional offices, and quality review team audits performed
during the quarter.
--Requires VA to submit a report not later than 90 days
after enactment of this Act on current and future staffing
levels for each regional office.
Military OneSource.--The Military OneSource program
provides important services during service members' careers,
offering information, referrals, non-medical counseling,
specialty consultations, educational materials, and many
other services and support worldwide 24 hours a day, seven
days a week, at no cost to the user. Transition out of active
service is a period of great flux for service members and
their families, and Military OneSource is of great benefit to
them during this turbulent time.
VA also provides extensive services for exiting service
members through training, employment services, post-secondary
education and health services. To be certain the services of
the Military OneSource program and VA are not duplicative,
the Secretary is directed, in consultation with the Secretary
of Defense, to submit a report to the Committees not later
than 120 days after enactment of this Act detailing the
services provided by both programs and identifying areas
where the Departments need to coordinate or reprioritize.
Fast Letter Guidance.--The Department issued Fast Letter
13-10, Guidance on Date of Claim Issues, on May 20, 2013, and
subsequently terminated the guidance effective June 27, 2014.
The Department is directed not to reissue such guidance
during fiscal year 2016.
Post-9/11 GI Bill Overpayments.--The October, 2015 GAO
report that identified over $400,000,000 in post-9/11 GI bill
overpayments--funding that must be collected from both
students and higher education institutions--is of great
concern to the Committees. VA is urged to adopt the
recommendations that GAO identified, particularly updating
the methods by which VA notifies students and institutions of
debts owed (to include e-mail notification) and developing a
system to identify students' enrollment status each month. VA
is also encouraged to pursue the delayed disbursement system
used by the Department of Education in order to reduce the
amount of benefits that must be collected if a student's
enrollment status changes. The Department is also encouraged
to conduct targeted outreach and training to those schools
with a record of repeated benefit processing errors, and to
post on its website all of its policy directives, guidance,
and training on processing student post-9/11 GI bill
benefits. The Department is directed to report to the
Committees not later than 90 days after enactment of this Act
on its response to the GAO recommendations and its
consideration of delayed disbursement.
Plan to Improve Vocational Rehabilitation and Education.--
The Department is directed to develop and publish an action
plan not later than 270 days after enactment of this Act
regarding ways to improve services and assistance provided
under chapter 31 of title 38, United States Code, as
described in Senate bill section 260.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $4,133,363,000 for Information
Technology (IT) Systems. The agreement identifies separately
in bill language the funding available for pay
($1,115,757,000); operations and maintenance
($2,512,863,000); and systems development, modernization, and
enhancement ($504,743,000). The agreement makes $34,800,000
of pay funding available until the end of fiscal year 2017;
$175,000,000 of operations and maintenance funding available
until the end of fiscal year 2017; and all IT systems
development, modernization and enhancement funding available
until the end of fiscal year 2017.
The agreement includes $182,600,000 for VistA Evolution,
the modernization of the interoperable electronic health
record (EHR); $50,000,000 for interoperability and Virtual
Lifetime Electronic Record (VLER) Health; $253,000,000 in
information technology funding for the Veterans Benefits
Management System which processes disability claims;
$19,100,000 for the claims appeals modernization effort;
$15,000,000 for Section 508 compliance efforts; $17,000,000
for the Medical Care Collection Fund Electronic Data Exchange
for providers; and $10,000,000 for the Electronic Data
Exchange for payers.
As with the fiscal year 2013, 2014, and 2015 appropriations
Acts, the fiscal year 2016 agreement includes a prohibition
on obligation or expenditure of more than 25 percent of
fiscal year 2016 funds provided for development,
modernization, and enhancement of VistA EHR until the
Department meets reporting and accountability requirements
contained in the agreement.
The agreement includes language prohibiting the obligation
of IT development, modernization, and enhancement funding
until VA submits a certification of the amounts to be
obligated, in part or in full, for each development project.
The agreement includes language permitting funding to be
transferred among the three IT subaccounts, subject to
approval from the Committees.
The agreement includes language providing that funding may
be transferred among development projects or to new projects
subject to the Committees' approval.
The agreement provides funding for IT development,
modernization, and enhancement for the projects and in the
amounts specified in the following table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
(in thousands of dollars)
------------------------------------------------------------------------
Project Agreement
------------------------------------------------------------------------
Access to Healthcare................................. $28,970
Healthcare Efficiency IT Development................. 6,660
Electronic Health Record Interoperability/VLER Health 25,000
VistA Evolution...................................... 81,900
New Models of Care................................... 25,430
Veterans Benefits Management System (VBMS)........... 86,000
Virtual Lifetime Electronic Record (VLER)............ 10,000
Veterans Relationship Management (VRM)............... 73,333
VHA Research IT Support Development.................. 12,250
Other IT Systems Development......................... 155,200
------------------
Total, All Development........................... $504,743
------------------------------------------------------------------------
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming requirements.
Interoperability.--Within the VistA modernization plan,
interoperability of electronic health records between DOD and
VA remains a paramount concern. Although DOD's recently
awarded EHR acquisition contract and VA's VistA Evolution
program will result in two separate and distinct electronic
health records, the Departments are directed to ensure that
the two systems are interoperable with each other and with
the necessary entities outside their own health systems. To
this end, VA is directed to make progress in achieving the
recommendations from the GAO Report (GAO-15-530) for
establishing outcome-oriented metrics and goals to achieving
interoperability with DOD.
Appointment Scheduling Software.--In 2014, now
substantiated reports began to emerge of the long delays that
many veterans faced when trying to schedule medical
appointments. Rightfully, much of the focus over the past
year and a half has been on reforming the system to ensure
that deliberate manipulation of wait time data is not
tolerated and that better access is created for veterans
seeking care. To that end, Congress passed VACAA, which among
other things, provides funding for additional healthcare
providers and infrastructure improvements, and made reforms
to ensure accountability at the highest levels within VA.
While these efforts are critical to reforming VA, it is noted
that VA continues to struggle with modernizing its antiquated
scheduling system. For more than a decade, VA has spent
millions in an attempt to replace its current automated
scheduling system, yet the Department has little to show for
the effort. In several hearings over the past year and a
half, testimony has been provided that highlights the
critical need to develop and update the system, yet the
Department has not provided a clear path forward with regard
to this endeavor. In fact, it is disheartening that while
wait times continue to plague VHA, the plan put forward to
replace the system continues to change and decisions continue
to be put off. Therefore, the agreement directs the Secretary
to submit to the Committees not later than 30 days after
enactment of this Act a report that clearly defines the plan
of the Department to replace or modernize the legacy
scheduling system, including the cost and schedule of the
effort.
Expenditure Plan.--The agreement directs the Department to
continue to provide an IT expenditure plan to the Committees
not later than 30 days after enactment of this Act and on a
monthly basis thereafter, as indicated in both the House and
Senate reports. This plan should be in the same format as the
table entitled ``Information Technology Development
Projects.''
Periodic Briefings.--The agreement requires VA to provide
quarterly briefings to the Committees regarding schedule,
milestones, obligations for VistA Evolution, and the six-
month Project Management Accountability System delivery
schedule, as directed in the Senate report. It also requires
quarterly briefings from the DOD/VA Interagency Program
Office on the EHR interoperability project and monthly
updates to the Federal Chief Information Officer of the
United States, as directed in the Senate report.
Data Dictionary.--The agreement directs the two Departments
to make rapid progress
[[Page H10399]]
on the congressionally-mandated requirement to use a data
dictionary (unless or until a national standard exists) and
commit funds from available resources to support the
implementation of such a system.
Information Technology Procurement.--Concerns remain over
VA's lack of response to previous expressions of interest and
concern regarding the pending Transformation Twenty-One Total
Technology Next Generation (T4NG) procurement vehicle. As
Committee reports have previously stated, this contract is of
critical importance to VA's mission, especially as VA moves
to implement new initiatives provided in VACAA. Therefore, VA
is urged to increase the number of contract awards on T4NG to
a minimum of 24, distributed equally between small and large
vendors.
Personal Identity Verification (PIV) Cards.--The Department
is encouraged to participate in the government-wide effort to
enhance security, including cybersecurity, through increasing
the use of PIV cards by its employees. Funding is available
in the Information Technology Systems account for this
effort.
OFFICE OF INSPECTOR GENERAL
The agreement provides $136,766,000 for the Office of
Inspector General (OIG). Of the amount provided, not to
exceed $12,676,000 is available for obligation until
September 30, 2017. The agreement includes section 239 which
requires the OIG to provide work products to requesting
Members and congressional committees and to post all final
work products not later than three days after they are
presented to the Secretary.
VA Antimicrobial Stewardship.--The OIG is directed to
conduct a review not later than September 30, 2016, of
efforts to implement Antimicrobial Stewardship Programs at
VHA facilities, as described in the Senate report.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $1,243,800,000 for Construction,
Major Projects, which is $100,000,000 above the budget
request. The agreement makes this funding available for five
years, except that $80,000,000 is made available until
expended.
Outside Project Management.--To ensure the Department will
never again mishandle public funds on a construction project
in the manner and to the degree the Denver VA Medical Center
in Aurora, CO, was mismanaged, the agreement directs that
$649,000,000 for Veterans Health Administration 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. The agreement
makes the funding 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
seven VHA projects affected by the fencing provision are in
Alameda, CA; American Lake, WA; Livermore, CA; Long Beach,
CA; Louisville, KY; San Francisco, CA; and West Los Angeles,
CA.
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. The
law contemplates that the non-Department Federal entity will
provide management over all or part of the project design,
acquisition, construction, and appropriate contract changes,
and the Department will reimburse the entity for all
appropriate costs associated with the provision of such
services. Given the timing of the fiscal year 2016 budget
request, the Department did not have the opportunity to
request the necessary resources to support these costs.
Recognizing that the Department does not have the resources
for the cost of an outside manager of its large projects, the
agreement includes a line item of $100,000,000 in order to
make this expert outside oversight possible. For future
budgets, VA is directed to establish a line item in the Major
Construction account for such costs for all impacted
projects.
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):
St. Louis, MO medical facility improvements and $90,100
cemetery expansion..............................
Louisville, KY new medical facility.............. 75,000
American Lake, WA seismic corrections, renovation 11,000
of two buildings and construction of a new
specialty care building.........................
San Francisco, CA seismic retrofits and 158,000
replacement of four buildings...................
West Los Angeles, CA seismic corrections of 12 35,000
buildings.......................................
Long Beach, CA seismic corrections for mental 161,000
health and community living center..............
Alameda, CA new outpatient clinic and national 70,000
cemetery........................................
Livermore, CA realignment and closure of 139,000
Livermore campus................................
Perry Point, MD replacement community living 83,700
center..........................................
Advance Planning Fund--various locations......... 92,736
Abestos--various stations........................ 15,000
Major Construction Staff--various locations...... 24,000
Claims Analysis--various locations............... 5,000
Hazardous Waste--various locations............... 15,000
Judgment Fund--various stations.................. 9,000
Non-VA Management Fees........................... 100,000
------------------
Total VHA.................................... 1,083,536
National Cemetery Admin. (NCA):
Bayamon, PR--gravesite expansion................. 45,000
Portland, OR--Willamette cemetery gravesite 35,000
expansion.......................................
Riverside, CA--gravesite expansion and 40,000
improvements....................................
Pensacola, FL--Barrancas cemetery gravesite 27,500
expansion.......................................
Advance Planning Fund--various locations......... 8,264
------------------
Total NCA.................................... 155,764
General Admin.:
Staff Offices Advance Planning Fund.............. 4,500
Major Construction total..................... $1,243,800
------------------------------------------------------------------------
Budget Justification Documents.--With the involvement of an
outside non-VA government entity managing VA's large-scale
construction projects, there is an opportunity to develop
improved information for the Committees about future
projects. To further enhance the ability to conduct proper
oversight of VA's major construction efforts, the Department
is instructed to include additional information in its future
budget requests. The format for this information should be
developed with the input of the future managing agent, but it
should resemble the format of the DOD Form 1391 and include
all information from that form that is relevant to a VA
project. Among the budget items that should be included are:
total cost and a detailed description of any incremental
funding or phasing of the project, including any
severability; complete schedule of budget authority already
received and needed in future years; detailed justification
for any change between the prior year and current budget
submission for the project; description of design versus
construction costs for the project and identification of
primary facility versus supporting facilities in the project;
and the schedule for start of design, the point at which the
design is 35 percent complete, the date that design is fully
complete, and the date for start of construction.
Defense Health Agency Construction.--The Defense Health
Agency (DHA) employs a comprehensive approach to hospital
construction, working closely with the military services and
monitoring the process as military hospitals are planned,
built, maintained, and replaced. Military hospital
construction projects are managed by the United States Army
Corps of Engineers (USACE) or the Naval Facilities
Engineering Command (NAVFAC), both of which have extensive
experience and expertise in managing large construction
projects. DHA consults with USACE and NAVFAC throughout the
planning, design, and construction phases of a project to
help manage project execution and change orders. Notably, DHA
also accepts input from clinicians early on in the design
process, but maintains control of the project after that
point, which serves as a limiting factor on costly and time-
consuming change orders. The close coordination among DHA,
USACE, and NAVFAC enables DHA to more efficiently manage the
design and construction of large-scale medical facilities,
while containing cost and schedule overruns. Given the
massive cost overruns and lengthy delays in recent VA
hospital construction projects, the Department is directed to
consult with DHA on best practices in hospital design and
construction. Further, VA is directed to submit a report to
the Committees not later than 180 days after enactment of
this Act regarding steps taken to fulfill this directive.
Alternative Sources of Construction Funding.--For two
years, the Committees have directed VA to work
collaboratively with other executive branch agencies that
have substantial construction portfolios, private
[[Page H10400]]
sector contractors, and other non-governmental experts to
explore the feasibility of new funding mechanisms for VA
construction, such as private development lease-backs, and
report to the Committees on these alternative mechanisms. The
executive branch clearance process has apparently prevented
the submission of this report. Therefore, the Department is
directed to provide directly to the Committees not later than
10 days after enactment of this Act the draft report
submitted to the Office of Management and Budget.
Medical Facilities Realignment.--Concern remains that VA
medical care realignments are being approached in an ad hoc
manner by each individual VISN rather than on a comprehensive
basis by VA Central Office. Moreover, such an approach may
lead to inequitable and inefficient distribution of medical
resources throughout the nation. Before VA makes any decision
to relocate, close, or diminish services at an existing
facility, or proceeds with any such realignment already
underway, consideration must be given to the impact such
action would have on veterans, especially tribal veterans or
veterans in rural or highly rural areas, Post-traumatic
Stress Disorder Treatment Programs, and other Residential
Rehabilitation Treatment Programs. VA must adhere to a clear
and transparent process that engages all parties from the
onset and is consistent with a national realignment strategy.
In title II of division I of the Consolidated and Further
Continuing Appropriations Act, 2015 (P.L.
113-235), the Committees suspended the proposed realignment
of services in VISN 23 until such a report with a national
strategy was transmitted to the Committees. To date, that
report has not been received. The Department is again
directed to comply with the request for the report on the
VISN 23 proposed realignment.
CONSTRUCTION, MINOR PROJECTS
The agreement provides $406,200,000 for Construction, Minor
Projects. The agreement makes this funding available for five
years.
Expenditure Plan.--The agreement includes the directive for
the Department to provide an expenditure plan not later than
30 days after enactment of this Act, as provided in the
Senate report. This expenditure plan shall include a complete
list of minor construction projects to be supported in fiscal
year 2016. The plan shall be updated six months and twelve
months after enactment.
Mobile Surgical Units.--The Department is directed to
launch a pilot project to test the cost efficiency of leasing
or purchasing mobile surgical units, as described in the
Senate report.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The agreement provides $120,000,000 for Grants for
Construction of State Extended Care Facilities, to remain
available until expended. In addition, section 211 permits
the transfer of up to $20,000,000 from Medical Services to
this account for the purposes described in the Senate report.
The Department is urged to calculate the maximum bed
numbers necessary to support peak veteran populations and
develop contingency plans to address spikes and declines over
the next ten years. The Department is also directed to keep
the Committees apprised of its timeline to revise the
regulation setting the maximum bed number for State homes in
each State. The Office of Rural Health is directed to partner
with State agencies to study the need for long-term care for
veterans in rural or highly rural areas.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The agreement provides $46,000,000 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 transfer of
funds among the three mandatory accounts.
The agreement includes section 202 allowing for the
transfer of funds among the three 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 and the
Office of Employment Discrimination Complaint Adjudication
can charge other offices of the Department for services
provided.
The agreement includes section 211 permitting the transfer
of up to $20,000,000 from the Office of Rural Health to
Grants for Construction of State Extended Care Facilities.
The agreement includes section 212 requiring the Department
to collect third-party payer information for persons treated
for a non-service connected disability.
The agreement includes section 213 allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The agreement includes section 214 outlining authorized
uses for Medical Services funds.
The agreement includes section 215 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services account.
The agreement includes section 216 which allows Alaskan
veterans to use medical facilities of the Indian Health
Service or tribal organizations.
The agreement includes section 217 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 218 prohibiting the use of
funds for any policy prohibiting the use of outreach or
marketing to enroll new veterans.
The agreement includes section 219 requiring the Secretary
to submit financial status quarterly reports for each of the
Administrations in the Department. The specific data
requested is listed in the explanatory statement for the
General Administration account.
The agreement includes section 220 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 ten percent of the
funding appropriated to the account in this Act.
The agreement includes section 221 prohibiting any funds
from being used in a manner that is inconsistent with
statutory limitations on outsourcing.
The agreement includes section 222 providing up to
$267,521,000 of fiscal year 2016 funds for transfer to the
Joint DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 223 which permits
$265,675,000 of fiscal year 2017 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The agreement includes section 224 which authorizes
transfers from the Medical Care Collections Fund to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 225 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA Health
Care Sharing Incentive Fund.
The agreement includes section 226 which rescinds fiscal
year 2016 medical account funding and re-appropriates it to
be available for two years. The provision rescinds and re-
appropriates $1,400,000,000 for Medical Services, rescinds
and re-appropriates $100,000,000 for Medical Support and
Compliance, and rescinds and re-appropriates $250,000,000 for
Medical Facilities.
The agreement includes section 227 requiring that the
Department notify the Committees of bid savings in a major
construction project of at least $5,000,000, or five percent,
whichever is less, 14 days prior to the obligation of the bid
savings and their anticipated use.
The agreement includes section 228 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 229 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.
The agreement includes section 230 limiting the funding
from the Medical Services and Medical Support and Compliance
accounts for the VistA Evolution and electronic health record
interoperability projects.
The agreement includes section 231 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more FTE.
The agreement includes section 232 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 233 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 234 permitting the transfer
to the Medical Services account of fiscal year discretionary
2016 funds appropriated in this Act or available from advance
fiscal year 2016 funds already appropriated, except for funds
appropriated to
[[Page H10401]]
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 235 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 236 rescinding $30,000,000
in unobligated balances in the DOD-VA Health Care Sharing
Incentive Fund.
The agreement includes section 237 prohibiting the
Secretary from reprogramming funds in excess of $5,000,000
among major construction projects or programs unless the
reprogramming is approved by the Committees.
The agreement includes section 238 amending the
Whistleblower Protection Act to ensure that title 38 medical
staff are fully covered under the Act.
The agreement includes section 239 amending title 38 of the
U.S.C. to require the VA Inspector General to make public all
work products that make recommendations or otherwise suggest
corrective action and to post them on-line.
The agreement includes section 240 prohibiting the payment
of the salary of any individual who was the executive
director of the Office of Acquisition, Logistics and
Construction, and who retired in the midst of an
investigation of delays and cost overruns associated with the
design and construction of the new medical center in Aurora,
CO.
The agreement includes section 241 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 242 which prohibits funds
from being used to carry out the Appraisal Value Offer
Program or the Home Marketing Incentive Program, with a
waiver for situations in which the recruitment of qualified
personnel would be difficult without these incentives. The
Secretary is required to report to the Committees each use of
this waiver authority.
The agreement includes section 243 which creates a
recurring expenses fund for the Department of Veterans
Affairs, generated by the transfer of expired funds before
cancellation. The fund can be used for facilities
infrastructure improvements, including nonrecurring
maintenance, and for information technology improvements and
sustainment. The Department is not authorized to obligate
money from the fund without approval of the Committees.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The agreement includes $105,100,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC).
The agreement provides an additional $30,000,000 above the
budget request to support large, planned projects such as the
Manila Visitor Center, significant repairs and refurbishing
at the Normandy American Cemetery and other locations, and
interpretive work supporting the World War I centennial. In
addition, the funds are to be used to provide ABMC sites with
adequate and appropriate security, including, but not limited
to, safe havens, gates, lighting, and closed-circuit cameras
with remote access. Such projects should be subject to a
risk-based analysis, and meet or exceed the requirements set
by the Regional Security Office in each country. The funds
provided over the budget request are not intended for regular
operations and maintenance needs. Not later than 30 days
after the date of enactment of this Act, the Secretary shall
submit a spend plan detailing the use of these funds to the
Committees.
Foreign Currency Fluctuations Account
The agreement includes such sums as necessary, estimated at
$2,000,000, for the Foreign Currency Fluctuations Account.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The agreement includes $32,141,000 for Salaries and
Expenses for the United States Court of Appeals for Veterans
Claims, as requested.
DEPARTMENT OF DEFENSE--CIVIL
Cemeterial Expenses, Army
SALARIES AND EXPENSES
Theagreement provides $79,516,000 for Salaries and
Expenses, including an additional $8,716,000 over the request
to address deferred maintenance and infrastructure repairs at
Arlington National Cemetery. Not later than 30 days after the
date of enactment of this Act, the Executive Director shall
submit a spend plan detailing the use of these funds to the
Committees.
Armed Forces Retirement Home
TRUST FUND
The agreement includes $64,300,000 for the Armed Forces
Retirement Home (AFRH). The Trust Fund was established to
support the operations and expenses of the AFRH, and is
replenished from a variety of sources, including fines and
forfeitures and Active Duty Withholding. However, the largest
source of funds, which is derived from fines and forfeitures,
is diminishing. Annual outlays for the Fund have exceeded
revenues since 2011, and in November 2015 DOD informed the
Committees that, counter to the assumptions in the fiscal
year 2016 budget request, the Trust Fund balances are not
sufficient to support the expenses of AFRH; therefore, the
Fund was projected to be insolvent by April 2016. As an
emergency measure to assure solvency for AFRH, the agreement
directs that, of the $64,300,000 total, $44,300,000 is to be
derived from the Trust Fund and $20,000,000 provided from the
General Fund. However, the use of the General Fund is a not a
long-term solution, and AFRH is directed to work with DOD to
develop an approach that will replenish the Trust Fund in a
sustainable, reliable manner and to present that approach to
the Committees in the fiscal year 2017 budget request along
with legislative proposals. In addition, AFRH is directed to
regularly report to the Committees on efforts to stabilize
the Trust Fund and to lease property at the Washington, D.C.
facility.
AFRH Operations Improvements.--With the removal of the
Administrator and the Chief of Healthcare Services at the
Armed Forces Retirement Home in Gulfport, Mississippi (AFRH-
G), it is expected replacements for these positions will be
chosen thoughtfully and expeditiously, and the Committees
will continue to monitor DOD's actions to remedy the problems
that led to the removal of these individuals. Therefore, the
Chief Operating Officer of the AFRH is directed to submit to
the Committees not later than 90 days after enactment of this
Act a report detailing the improvements made to AFRH-G
operations to address these problems, to include, but not be
limited to, actions taken to enhance healthcare staffing at
the facility through improved human resources management and
staff performance oversight.
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.
OVERSEAS CONTINGENCY OPERATIONS (HOUSE TITLE IV)
The agreement does not include House Title IV, Overseas
Contingency Operations. Funding for those projects is
included in Title I.
TITLE IV
GENERAL PROVISIONS
The agreement includes section 401 prohibiting the
obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The agreement includes section 402 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 403 encouraging all
Departments to expand their use of ``E-Commerce.''
The agreement includes section 404 specifying the
congressional committees that are to receive all reports and
notifications.
The agreement includes section 405 prohibiting the transfer
of funds to any instrumentality of the United States
Government without authority from an appropriations Act.
The agreement includes section 406 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 407 requiring all reports
submitted to Congress to be posted on official Web sites of
the submitting agency.
The agreement includes section 408 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 409 prohibiting the use of
funds for the payment of first-class travel by an employee of
the executive branch.
The agreement includes section 410 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 411 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 412 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
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DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2016
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. 114-154 (House report)
accompanying H.R. 2772 (House bill) and S. Rept. 114-79
(Senate report) accompanying S. 1725 (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 such language unless
expressly provided herein. 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. 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.
The Act modifies section 7019 of the House and Senate bills
and 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 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.
Section 7019 also includes limited authority to deviate from
such specified amounts. In addition, the Act modifies section
7015 of the House and Senate bills to clarify reprogramming
and notification requirements for funds made available by
this Act. Proposed deviations from tables in title I of this
explanatory statement are subject to section 7015.
For the purposes of this Act, the term ``regular
notification procedures of the Committees on Appropriations''
shall mean such Committees must be notified not less than 15
days in advance of the initial obligation of funds, and the
term ``reporting procedures of the Committees on
Appropriations'' shall mean a report must be provided to such
Committees not more than 90 days after the conclusion of
fiscal year 2016.
Section 7076(e) of this Act directs the Department of State
and the United States Agency for International Development
(USAID) to submit congressional budget justifications (CBJs)
concurrent with the date of submission of the President's
budget for fiscal year 2017, and the appendices of such CBJs
shall be provided not later than 10 calendar days thereafter.
Such CBJs shall include 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 directed to include in
CBJs the information included in the Introduction of the
Senate report under Congressional Budget Request and
Justifications on reimbursement agreements, the Economy Act,
working capital funds, office closures, and representation
expenses, as applicable.
The Department of State, USAID, and other agencies funded
by this Act are directed to notify the Committees on
Appropriations of:
(1) reprogrammings of funds, as required by sections 7015
and 7019 of this Act, at the most detailed level of the CBJ,
this Act, or explanatory statement;
(2) significant departures in funding from the CBJ or the
653(a) report to be submitted 30 days after enactment of this
Act; and
(3) commitments requiring significant funding and staffing
in future fiscal years.
When submitting notifications for funds made available in
title III of this Act pursuant to the requirements of this
Act or the FAA, the Secretary of State and the USAID
Administrator, as appropriate, are directed to indicate when
funds will be provided to a trust fund of an international
financial institution, as defined in section 7034(r)(3) of
this Act. The Secretary of State and USAID Administrator are
further directed to follow the guidance contained in the
Senate report regarding notifications required for internal
reorganizations. In addition, CBJ documents, and operating
and spend plans, shall not suffice for purposes of satisfying
special notification requirements contained in this Act.
In lieu of the directives to the Government Accountability
Office (GAO) contained in the House and Senate reports, this
explanatory statement addresses matters on which the House
and Senate concur and action by the GAO is requested. The Act
includes directives for GAO under Millennium Challenge
Corporation and under sections 7039(e), 7043(b)(4), and
7077(c)(3).
The Chairman of the Broadcasting Board of Governors (BBG),
the Director of the Peace Corps, the Chief Executive Officer
(CEO) of the Millennium Challenge Corporation (MCC), the
President of the Export-Import Bank, and the President and
CEO of the Overseas Private Investment Corporation (OPIC) are
directed to comply with the records management directives in
section 7077(c) of this Act, where appropriate, including the
report required by paragraph (2), with the exception of
clauses (iii) and (vi) of subparagraph (B).
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
this Act. Such funds are intended to address the
extraordinary costs of operations and assistance overseas,
particularly in the Middle East, South Asia, and Africa;
security, stabilization, and peacekeeping programs;
humanitarian activities; and counterterrorism and
counterinsurgency efforts.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The Act provides $8,062,975,000 for Administration of
Foreign Affairs, and an additional $3,376,259,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to BBEDCA. The Act includes a total of $5,616,847,000 for
embassy security, an increase of $1,850,000 above the
request, as contained in the table below:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Worldwide Security Protection........................ 3,395,100
Embassy Security, Construction, and Maintenance...... 2,221,747
------------------
Total, Embassy Security.......................... 5,616,847
------------------------------------------------------------------------
DIPLOMATIC AND CONSULAR PROGRAMS
The Act provides $5,622,913,000 for Diplomatic and Consular
Programs, and an additional $2,561,808,000 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 $1,428,468,000 is for Worldwide Security Protection
(WSP) and may remain available until expended; $4,193,702,000
is for operations, of which $629,055,000 may remain available
until September 30, 2017; and $743,000 is for the
International Chancery Center. Not later than September 1,
2016, the Secretary of State is directed to report to the
Committees on Appropriations on projected amounts available
for operations beyond fiscal year 2016 by category and
bureau. Funds for embassy operations in Afghanistan,
Pakistan, and Iraq are included in title VIII of this Act.
Funds 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]
------------------------------------------------------------------------
Category Budget Authority
------------------------------------------------------------------------
Human Resources...................................... 2,181,622
Worldwide Security Protection.................... [358,833]
Overseas Programs.................................... 1,561,840
Diplomatic Policy and Support........................ 791,121
Security Programs.................................... 1,087,587
Worldwide Security Protection.................... [1,069,635]
------------------
Subtotal, Diplomatic and Consular Programs 5,622,170
Appropriated Funds..........................
International Chancery Center........................ 743
------------------
Total, Diplomatic and Consular Programs...... 5,622,913
------------------------------------------------------------------------
Bureau/Office
------------------------------------------------------------------------
Bureau of Administration:
Freedom of Information Act (FOIA)................ [29,000]
Conflict Stabilization Operations.................... 12,000
Overseas Response................................ [1,000]
Ambassadors Fund for Cultural Preservation........... 5,750
Cultural Antiquities Task Force...................... 1,000
Bureau of Democracy, Human Rights, and Labor......... 33,516
Human Rights Vetting............................. [7,000]
Office of International Religious Freedom........ [5,000]
Special Envoy to Promote Religious Freedom of [1,000]
Religious Minorities in the Near East and South
Central Asia........................................
Bureau of Economic and Business Affairs:
Office of Terrorism Financing and Economic [5,100]
Sanctions Policy................................
Office to Monitor and Combat Trafficking in Persons.. 12,000
Legal Advisor:
Document Review Unit............................. [2,400]
Bureau of Oceans and International Environmental and 34,588
Scientific Affairs..................................
Office of Oceans and Polar Affairs............... [4,290]
Office of the Secretary:
Office of the Special Coordinator for Tibetan [1,000]
Issues..........................................
Office of the Coordinator for Cyber Issues....... [4,025]
Office of Global Women's Issues.................. [5,086]
------------------------------------------------------------------------
The Department of State has an existing contract with a
professional services firm to perform a cost-benefit analysis
(CBA) of three different locations as options for locating
the Foreign Affairs Security Training Center (FASTC).
Completion and submission of the ongoing CBA would meet the
requirement in paragraph (6)(E)(i).
The notification required by paragraph (6)(E)(ii) under
this heading shall include a justification for any decision
made by the Department of State to obligate funds for FASTC,
including a plan for maintaining training at existing sites
until FASTC becomes operational. Such justification shall
also contain the reason for the site selected, including how
the selected location is expected to improve training
capacity and effectiveness commensurate with the estimated
cost of constructing, operating, maintaining, and sustaining
FASTC at such location, the projected cost of construction,
and the timeline for completion. The Secretary of State, in
coordination with other Department and agency heads, as
appropriate, is directed to pursue options to reduce the
impact of any job losses that may result at existing training
sites when FASTC becomes operational.
The agreement does not include the funds requested in the
fiscal year 2016 CBJ for new non-security positions, unless
specifically noted herein.
As the current chair of the Arctic Council, the United
States will serve as the host for the 2017 Arctic Ministerial
Meeting. The Secretary of State is directed to ensure that
such meeting is held as close to the United States Arctic
region as possible and shall consult with the Congress on the
selection of
[[Page H10413]]
an appropriate location. The Act continues the authority in
section 504 of Public Law 95-426 related to the Arctic region
and supports the participation of American indigenous
communities in the Arctic Council, as recommended in the
Senate report.
The agreement includes $12,000,000 for the Office to
Monitor and Combat Trafficking in Persons for support of
activities and directives described in the House and Senate
reports, including for additional staff to reduce the country
workload of regional analysts and improve the expertise of
in-country personnel. Prior to the submission of the
operating plan required by section 7076(a) of this Act, the
Secretary of State is directed to consult with the
appropriate congressional committees on the planned
allocation of funds and new positions provided to such office
for fiscal year 2016.
The agreement includes sufficient funds for an additional
two positions for the Bureau of Intelligence and Research
above the fiscal year 2015 enacted level, if authorized in
fiscal year 2016.
The Secretary of State is directed to include projected
funding levels for public diplomacy in the operating plan
required by section 7076(a) of this Act.
Section 7034(k)(1) of this Act extends for one year the
Western Hemisphere Travel Initiative surcharge authority,
which is the same extension of authority included in prior
years.
Section 7034(k)(7) of this Act continues the Foreign
Service overseas pay comparability authority, but, as in
prior years, prohibits implementation of the third phase of
the authority.
Section 7034(l) of this Act provides limitations on the
uses of the Department of State Working Capital Fund. The
Secretary of State is directed to continue to include
information on the Working Capital Fund in the operating plan
required by section 7076(a) of this Act and reprogramming
notifications for funds made available under this heading.
The agreement designates $12,000,000 for Conflict
Stabilization Operations (CSO) under this heading in this
title, of which up to $1,000,000 may be for overseas
response. Funds above the designated amount may only be made
available for CSO if necessary to meet the salary and benefit
costs for CSO staff employed on the date of enactment of this
Act, subject to the regular notification procedures of the
Committees on Appropriations. In addition, the Act allows up
to $15,000,000 of the funds appropriated under this heading
in title VIII to be made available for CSO for overseas
reconstruction and stabilization assistance.
The Act does not include a prohibition on the use of funds
appropriated under this heading for the Ambassadors Fund for
Cultural Preservation that was included in the House bill.
Instead, paragraph (6)(F) continues a limitation on the use
of funds for the preservation of religious sites, as included
in prior years.
Not later than 90 days after enactment of this Act, the
Secretary of State is directed to submit a report to the
Committees on Appropriations describing the actions taken by
the Department of State to address the findings detailed in
the Office of Inspector General's report ISP-1-15-35A.
CAPITAL INVESTMENT FUND
The Act provides $66,400,000 for Capital Investment Fund.
OFFICE OF INSPECTOR GENERAL
The Act provides $72,700,000 for Office of Inspector
General, of which $10,905,000 may remain available until
September 30, 2017, and an additional $66,600,000 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
the Senate bill and in prior years.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The Act provides $590,900,000 for Educational and Cultural
Exchange Programs, of which not less than $236,000,000 is for
the Fulbright Program and $102,000,000 shall be for the
Citizen Exchange Program, of which not less than $4,000,000
is for the Congress-Bundestag Youth Exchange.
The operating plan for Educational and Cultural Exchange
Programs required in section 7076(a) of this Act shall
include an update of the ``Funds by Program Activity'' table
under this heading in the fiscal year 2016 CBJ.
The agreement does not include funds for a new Exchanges
Rapid Response program.
Funds under this heading are allocated according to the
following table:
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Academic Programs:
Fulbright Program................................ 236,000
Global Academic Exchanges........................ 58,651
Special Academic Exchanges....................... 14,800
------------------
Subtotal, Academic Programs.................. 309,451
Professional and Cultural Exchanges:
International Visitor Program.................... 89,665
Citizen Exchange Programs........................ 102,000
Congress-Bundestag Youth Exchange............ [4,000]
Special Professional and Cultural Exchanges.......... 5,575
------------------
Subtotal, Professional and Cultural Exchanges.... 197,240
Young Leaders Initiatives............................ 19,000
Program and Performance.............................. 5,493
Exchanges Rapid Response............................. - - -
Exchanges Support.................................... 59,716
------------------
Total, Educational and Cultural Exchange Programs 590,900
------------------------------------------------------------------------
Before issuing a Form DS-2019 (Certificate of Eligibility
for Exchange Visitor (J-1) Status) to place student
participants in seafood product preparation and packaging
positions in the Summer Work Travel program in fiscal year
2016, the Department of State-designated sponsor shall meet
specific requirements including verifying that the placement
fully complies with part 62 of title 22 of the Code of
Federal Regulations. In addition, the sponsor shall confirm
that a host employer-employee relations specialist and a
sponsor local coordinator are provided; that the host
employer will pay the participant's screening and placement
fees, as well as required equipment and uniform costs; and
that participant work hours will not be less than 32 hours
per week.
REPRESENTATION EXPENSES
The Act provides $8,030,000 for Representation Expenses,
subject to section 7020 of this Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The Act provides $30,036,000 for Protection of Foreign
Missions and Officials.
Section 7034(i) of this Act includes authority for the
Secretary of State to transfer expired, unobligated balances
from funds made available under Diplomatic and Consular
Programs to this heading, which is the same as the authority
provided in the House and Senate bills and in fiscal year
2015.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The Act provides $1,473,896,000 for Embassy Security,
Construction, and Maintenance, of which $688,799,000 is for
Worldwide Security Upgrades (WSU) and $785,097,000 is for
other construction, operations, and maintenance. An
additional $747,851,000 is provided in title VIII under this
heading that is designated for OCO/GWOT pursuant to BBEDCA,
of which $735,201,000 is available for WSU.
Subsections (d) and (e) of section 7004 of this Act
continue and expand the conditions and consultation,
notification, and reporting requirements concerning new
embassy construction, similar to language contained in the
House and Senate bills.
Section 7004(f) of this Act continues, in modified form,
the directives concerning interim and temporary diplomatic
facilities abroad. The agreement provides an additional
$1,850,000 for such facilities, which when combined with
$23,150,000 appropriated under this heading in prior Acts,
ensures that $25,000,000 remains available in fiscal year
2016 to address security vulnerabilities at interim and
temporary facilities abroad.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The Act provides $7,900,000 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 $30,000,000 for Payment to the American
Institute in Taiwan.
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 $1,344,458,000 for Contributions to
International Organizations, and an additional $101,728,000
in title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA.
The agreement does not include funds for the United Nations
(UN) Capital Master Plan (CMP) or any other major capital
projects, for which no funds were requested in fiscal year
2016. GAO Report 15-414 identified concerns and
recommendations regarding the UN's efforts to ensure that
lessons learned from the CMP are used to develop documented
guidance for other projects, such as those currently under
discussion for Geneva, Switzerland, and that assumptions for
estimating office space requirements for UN employees are
clearly justified, including by documenting the underlying
factors, data, and analysis. The Secretary of State is
directed to include information on progress made to address
the GAO recommendations in the report required on the CMP
described in the House report under this heading. In
addition, such report shall include a description of efforts
by the Department of State to work with the UN to downsize
operations in areas with high costs of living and
construction costs.
The agreement does not include funds for an assessed
contribution to the United Nations Educational, Scientific
and Cultural Organization (UNESCO), which is prohibited due
to the application of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246) and the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236).
The Secretary of State is directed to include the source of
funds (including each Federal agency and account) and a
concise description of the purpose of such funds in the
report on United States financial contributions to
international organizations required by section 405(b) of the
Foreign Relations Authorization Act, Fiscal Year 2003. Such
report shall be posted on the Department of State Web site in
a timely manner.
[[Page H10414]]
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Act provides $666,574,000 for Contributions for
International Peacekeeping Activities, and an additional
$1,794,088,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. The agreement provides
funding for the United States share of UN operations in
Somalia under Peacekeeping Operations in title VIII, instead
of under this heading as requested.
The Secretary of State is directed to submit the reports
required by the Senate report under this heading in the
manner described.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The Act provides $45,307,000 for Salaries and Expenses. The
agreement includes funding for the Heavy Equipment
Replacement Program under this heading, as requested, and as
described in the House report. The Commissioner of the
International Boundary and Water Commission (IBWC) is
directed to comply with the directive included in the Senate
report under this heading.
CONSTRUCTION
The Act provides $28,400,000 for Construction. The IBWC
Commissioner is directed to comply with the directives
included in the House report under this heading.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The Act provides $12,330,000 for American Sections,
International Commissions to support the International
Boundary Commission, International Joint Commission, and
Border Environment Cooperation Commission, at the levels
requested.
INTERNATIONAL FISHERIES COMMISSIONS
The Act provides $36,681,000 for International Fisheries
Commissions. Funds under this heading are allocated according
to the following table:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Commission/Activity Budget Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission....................... 24,627
Lake Champlain Basin............................. [3,450]
Inter-American Tropical Tuna Commission.............. 1,750
Pacific Salmon Commission............................ 3,050
International Pacific Halibut Commission............. 4,150
Other Marine Conservation Organizations.............. 3,104
------------------
Total, International Fisheries Commissions....... 36,681
------------------------------------------------------------------------
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The Act provides $734,087,000 for International
Broadcasting Operations, and an additional $10,700,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA.
Of the funds made available under this heading, up to
$31,135,000 may remain available until expended for satellite
transmissions and Internet freedom programs, of which not
less than $15,000,000 is for Internet freedom and
circumvention programs. BBG is directed to include amounts
planned for Internet freedom in fiscal year 2016 as part of
the operating plan required by section 7076(a) of this Act
and to describe the planned activities in the Internet
freedom spend plan required by section 7078(c) of this Act.
The Act includes a one-year extension of the personal
services contract authority of BBG, as included in prior
years.
The agreement includes neither the authority nor the funds
requested for the merger of the Office of Cuba Broadcasting
and the Latin America Division of Voice of America (VOA) by
establishing an independent grantee organization, as a
private nonprofit organization, to carry out broadcasting and
related programs to the Latin America and Caribbean region.
The agreement provides $9,639,000 to support the expansion
of the BBG Countering Russian Media initiative, as follows:
$6,544,000 for Radio Free Europe/Radio Liberty (RFE/RL);
$2,905,000 for VOA; and $190,000 for research and affiliate
placement. The BBG Chairman is directed to reallocate the
projected savings from reduced RFE/RL personnel costs to
support the expansion of the Countering Russian Media
initiative in fiscal year 2016. The BBG Chairman is directed
to include a detailed description of such initiative, which
was launched in fiscal year 2015, including the costs for
both program and personnel for fiscal year 2015 and the
expansion for fiscal year 2016, in the operating plan
required by section 7076(a) of this Act.
Prior to the submission of the fiscal year 2016 operating
plan, BBG is directed to consult with the Committees on
Appropriations on the program increases and reductions
recommended under this heading in the House and Senate
reports, including for countering the narrative of the
Islamic State in Iraq and the Levant (ISIL). BBG is directed
to include in such operating plan detailed information on the
proposed increases and reductions to implement in fiscal year
2016, including the timeframe for implementation and the
costs or savings for each program in fiscal years 2016 and
2017.
Title VIII of the agreement provides $4,400,000 for VOA and
RFE/RL broadcasts to Afghanistan and Pakistan and $6,300,000
for increases to VOA and Middle East Broadcasting Networks
(MBN) broadcasts to Iraq and Syria. BBG is directed to
include a proposal for the use of such funds in the operating
plan required by section 7076(a) of this Act.
Funds in this Act under this heading are allocated
according to the following table:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Federal Entities Budget Authority
------------------------------------------------------------------------
International Broadcasting Bureau.................... 61,200
Countering Russian Media......................... [190]
Voice of America: 213,650
Countering Russian Media......................... [2,905]
Afghanistan/Pakistan--OCO/GWOT................... 2,200
Countering ISIL--OCO/GWOT........................ 2,600
------------------
Subtotal, VOA Program Level.................. 218,450
Office of Cuba Broadcasting.......................... 27,140
Office of Technology, Services and Innovation........ 181,483
Internet Freedom and Circumvention Activities.... [15,000]
------------------
Subtotal, Federal Entities................... 483,473
------------------
Subtotal, Federal Entities with OCO/GWOT..... 488,273
Independent Grantee Organizations:
Radio Free Europe/Radio Liberty...................... 106,214
Countering Russian Media......................... [6,544]
Afghanistan/Pakistan--OCO/GWOT................... 2,200
------------------
Subtotal, RFE/RL Program Level............... 108,414
Radio Free Asia...................................... 38,500
Middle East Broadcasting Networks.................... 105,900
Countering ISIL--OCO/GWOT........................ 3,700
Subtotal, MBN Program Level.................. 109,600
Subtotal, Independent Grantees............... 250,614
Subtotal, Grantees with OCO/GWOT............. 256,514
Total, International Broadcasting 734,087
Operations..............................
Subtotal, International Broadcasting 744,787
Operations Program Level with OCO/GWOT......
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The Act provides $4,800,000 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 $35,300,000 for United States Institute of
Peace. The United States Institute of Peace is directed to
submit the operating plan required by section 7076(a) of this
Act.
Center for Middle Eastern-Western Dialogue Trust Fund
The Act provides $96,000 from interest and earnings from
the Center for Middle Eastern-Western Dialogue Trust Fund.
Eisenhower Exchange Fellowship Program
The Act provides $400,000 from interest and earnings from
the Eisenhower Exchange Fellowship Program Trust Fund.
Israeli Arab Scholarship Program
The Act provides $13,000 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, of which $117,500,000 shall be allocated in the
traditional and customary manner, including for the core
institutes, and $52,500,000 shall be for democracy programs.
The President of the National Endowment for Democracy (NED)
shall follow the reporting directive under this heading in
the House report in the manner described.
Funding provided above the fiscal year 2015 enacted level
shall be for programs to address medium- and long-term
threats to the promotion of democracy abroad and to respond
to immediate, unanticipated challenges or opportunities
abroad. The President of NED, in consultation with the heads
of the core institutes, is directed to submit a report to the
Committees on Appropriations on the uses of such funds in a
timely manner. The core institutes shall be eligible to
compete for additional funds for such purposes.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The Act provides $676,000 for Commission for the
Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The Act provides $3,500,000 for United States Commission on
International Religious Freedom.
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 $1,143,614,000 for Operating Expenses, of
which $171,542,000 may remain available until September 30,
2017, and
[[Page H10415]]
an additional $139,262,000 in title VIII under this heading
is designated for OCO/GWOT pursuant to BBEDCA.
The operating plan required in section 7076(a) of this Act
shall be at the level of program, project, or activity
presented for USAID Operating Expenses in the fiscal year
2016 CBJ.
Section 7057(f) of this Act continues the authority for
USAID to use program funds for the costs of staff
implementing programs in response to significant natural or
man-made disasters. Consistent with past practice, the USAID
Administrator is directed to use such authority only when
necessary to address the consequences of humanitarian
emergencies. Such authority shall not be used to fund
permanent headquarters staff for management and
administrative support.
Not later than 90 days after enactment of this Act and
after consultation with the Committees on Appropriations, the
USAID Administrator is directed to submit to such Committees
a report including the following information for each of the
past five fiscal years: (1) the number of U.S. direct hire
(USDH) staff in the Office of Foreign Disaster Assistance
(OFDA); (2) the number of disasters to which OFDA responded
using the authority of section 7057(f) of this Act; and (3)
the total amount of funds OFDA managed. Such report shall
include a determination and explanation of whether the number
of USDH staff in OFDA is adequate and, if a shortage is
identified, the number of additional USDH positions needed
and options for addressing such shortage, including
reallocating existing vacancies to OFDA.
No funds are provided under this heading for the new
positions included in the fiscal year 2016 request.
USAID has not complied with the reporting requirement in H.
Rept. 113-499 on acquisition and assistance instruments and
is directed to transmit such report within 15 days of
enactment of this Act.
CAPITAL INVESTMENT FUND
The Act provides $168,300,000 for Capital Investment Fund.
OFFICE OF INSPECTOR GENERAL
The Act provides $66,000,000 for Office of Inspector
General, of which $9,900,000 may remain available until
September 30, 2017.
TITLE III--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The Act provides $8,503,450,000 for Global Health Programs.
Funds under this heading are allocated according to the
following table:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Maternal and Child Health............................ 750,000
Polio............................................ [51,500]
The GAVI Alliance................................ [235,000]
Nutrition (USAID).................................... 125,000
Micronutrients................................... [33,000]
[of which, Vitamin A]............................ [22,500]
Iodine Deficiency Disorder....................... [2,500]
Vulnerable Children (USAID).......................... 22,000
Blind Children................................... [2,500]
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).................... 1,082,500
Pandemic Influenza and Other Emerging Threats.... [72,500]
Malaria.......................................... [674,000]
Tuberculosis..................................... [236,000]
[of which, Global TB Drug Facility].............. [15,000]
Neglected Tropical Diseases...................... [100,000]
------------------
Total, Global Health Programs................ 8,503,450
------------------------------------------------------------------------
Laos.--The agreement provides $2,750,000 under this heading
for programs to address malnutrition among children in Laos.
In making transfers of funds appropriated under this
heading to USAID and the Department of Health and Human
Services (HHS), the Office of the United States Global AIDS
Coordinator (OGAC) is directed to include sufficient funding
for the Inspectors General(IG) for such agencies for the cost
of auditing programs implemented by the respective agency.
The agreement provides not less than $2,500,000 for the USAID
IG and $1,500,000 for the HHS IG for such purposes.
Children in Adversity.--The agreement endorses language in
the House and Senate reports with respect to programs for
orphans and other vulnerable children affected by HIV/AIDS.
DEVELOPMENT ASSISTANCE
The Act provides $2,780,971,000 for Development Assistance.
Funds under this heading are allocated according to the
following table:
DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget Authority
------------------------------------------------------------------------
Africa:
Power Africa..................................... 76,700
Sierra Leone democracy programs.................. 500
East Asia and the Pacific:
Cambodia democracy programs...................... 19,750
Vietnam.......................................... 37,500
Health/disability programs................... [7,000]
South and Central Asia:
Bangladesh labor programs........................ 3,000
Global Programs:
Child marriage................................... 10,000
Global Crop Diversity Trust...................... 15,000
Leahy War Victims Fund........................... 13,500
Reconciliation programs.......................... 16,000
Trade capacity building.......................... 10,000
Victims of torture............................... 11,750
------------------------------------------------------------------------
PROGRAMS
Basic Education.--USAID is directed to continue regular
consultations with the Committees on Appropriations on
efforts to manage basic education programming and reduce
unexpended balances, including through the reprogramming of
funds between countries. USAID is directed to ensure that
programs supported with funds appropriated for basic
education in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs are integrated, as appropriate, with health,
agriculture, governance, and economic and social development
activities to address the broader needs of target
populations. The USAID Administrator is directed to work to
achieve quality universal basic education by: (1) assisting
foreign governments, nongovernmental, and multilateral
organizations working in developing countries to provide
children with a quality basic education, including through
strengthening host country educational systems; and (2)
promoting basic education as the foundation for comprehensive
community development programs.
Feed the Future.--The Secretary of State is directed to
include funding levels for the Feed the Future Innovation
Labs in the fiscal year 2017 CBJ.
Higher Education.--Funds made available for new
partnerships between higher education institutions in the
United States and developing countries shall be for
institutional capacity building and awarded on an open and
competitive basis.
Latrines.--The agreement provides $14,000,000 for latrines
in Africa and Asia, and such funds are directed to be
prioritized for programs that provide women and girls access
to safe, public latrines. Not later than 60 days after
enactment of this Act and after consultation with the
Committees on Appropriations, the USAID Administrator is
directed to submit a report to such Committees on the use of
funds made available in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015,
(division J of Public Law 113-235) for such purposes, as well
as the intended use of such funds in fiscal year 2016.
Wheelchairs.--The USAID Administrator is directed to
support wheelchair programs at not less than the fiscal year
2015 level and in the manner described in the Senate report
under this heading.
INTERNATIONAL DISASTER ASSISTANCE
The Act provides $874,763,000 for International Disaster
Assistance, and an additional $1,919,421,000 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,
and an additional $37,000,000 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, 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 $40,000,000 limitation on funds that may
be transferred from other programs in this title to
Development Credit Authority. In addition, $8,120,000 is
provided for administrative expenses, which may be
transferred to, and merged with, Operating Expenses, and a
limitation of $1,500,000,000 is included on total loan
principal.
ECONOMIC SUPPORT FUND
The Act provides $1,896,315,000 for Economic Support Fund,
and an additional $2,422,673,000 in title VIII under this
heading is designated for OCO/GWOT pursuant to BBEDCA. Funds
requested for countries in Europe, Eurasia and Central Asia
under this heading are included under Assistance for Europe,
Eurasia and Central Asia, which is reestablished in this Act.
Funds in this Act under this heading are allocated according
to the following table:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget Authority
------------------------------------------------------------------------
Africa:
Anti-slavery programs in Africa.................. 1,500
Counter-Lord's Resistance Army................... 10,000
Democratic Republic of the Congo................. 70,568
East Asia and the Pacific:
Cambodia......................................... 2,000
People's Republic of China (democracy, rule of 15,000
law, and environment)...........................
Tibet............................................ 8,000
Tibetan exile communities........................ 6,000
Vietnam.......................................... 30,000
Near East:
Lebanon.......................................... 110,000
Lebanon scholarships......................... [12,000]
Middle East Partnership Initiative............... 70,000
Scholarships................................. [12,000]
Middle East Regional Cooperation Program......... 5,000
Near East Regional Democracy..................... 32,000
Reconciliation programs.......................... 10,000
Syria............................................ 100,000
South and Central Asia:
Civilian victims of war, Afghanistan............. 10,000
Civilian victims of war, Pakistan................ 7,500
Nepal............................................ 43,038
Sri Lanka........................................ 40,000
Western Hemisphere:
Caribbean Basin Security Initiative.............. 25,000
Caribbean Energy Security Initiative............. 2,000
[[Page H10416]]
Colombia......................................... 133,000
Transfer to Migration and Refugee Assistance. [7,000]
Afro-Colombian and indigenous communities.... [15,000]
Human rights................................. [6,500]
Biodiversity................................. [3,500]
Cuba............................................. 20,000
Mexico........................................... 39,000
Venezuela........................................ 6,500
Global Programs:
Disability programs.............................. 7,500
House Democracy Partnership...................... 1,900
Polio............................................ 7,500
Protection of religious minorities............... 10,000
Trade capacity building.......................... 10,000
------------------------------------------------------------------------
Cuba.--In lieu of the directives in the House and Senate
bills and reports, the agreement includes funds for democracy
programs in Cuba.
Democratic Republic of the Congo (DRC).--The Government of
the DRC is strongly encouraged to resume issuing exit permits
for children legally adopted by foreign parents, to
expeditiously implement new laws and regulations, as
appropriate, in order to resume international adoptions, and
to grandfather all adoption cases currently affected by the
exit permit freeze into any new adoption laws or regulations
it promulgates. It is in the interest of United States and
DRC bilateral relations that these stalled adoption cases be
resolved expeditiously.
DEMOCRACY FUND
The Act provides $150,500,000 for Democracy Fund, of which
$88,500,000 is for the Department of State Human Rights and
Democracy Fund and $62,000,000 is for the USAID Center of
Excellence for Democracy, Human Rights, and Governance.
Section 7033(b)(1) of this Act provides not less than
$10,000,000 for international religious freedom programs
under this heading.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The Act provides $491,119,000 for Assistance for Europe,
Eurasia and Central Asia, and an additional $438,569,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA.
The Act reestablishes the Assistance for Europe, Eurasia
and Central Asia account, as included in the Senate bill.
Funds requested for countries in Europe, Eurasia and
Central Asia under Economic Support Fund are included in this
account, and funds for such countries requested and provided
under International Narcotics Control and Law Enforcement
shall be transferred to, and merged with, funds made
available under this heading and shall be used for the same
purposes as funds provided under International Narcotics
Control and Law Enforcement. Assistance requested for such
countries under Global Health Programs is not included in
this account, but shall be administered by the Coordinator
for United States Assistance to Europe and Eurasia,
consistent with prior years.
The agreement provides $15,000,000 above the request (under
Economic Support Fund) for Central Asia Regional programs to
support partnership and cooperation in the new format agreed
to among the five countries of Central Asia and the United
States. Such funds are provided in addition to amounts
appropriated for bilateral and regional programs for Central
Asia and shall be made available only following consultation
with the Committees on Appropriations.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The Act provides $931,886,000 for Migration and Refugee
Assistance, and an additional $2,127,114,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to
BBEDCA.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The Act provides $50,000,000 for United States Emergency
Refugee and Migration Assistance Fund.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The Act provides $410,000,000 for Peace Corps.
MILLENNIUM CHALLENGE CORPORATION
The Act provides $901,000,000 for Millennium Challenge
Corporation, including up to $105,000,000 for administrative
expenses.
In lieu of the report required under this heading in the
Senate report, the Secretary of State, the USAID
Administrator, and the MCC CEO are directed to jointly assess
and submit a report to the Committees on Appropriations for
each compact MCC intends to sign during fiscal year 2016, on
the extent to which each such compact is aligned with United
States interests and other assistance programs, as well as
the ability of the host country government to sustain MCC's
investment. Such assessment and report shall be provided to
the Committees on Appropriations not later than 15 days prior
to the signing of any such compact.
Not later than 90 days after enactment of this Act, the MCC
CEO shall further report to such Committees on progress made
to strengthen the application of the Control of Corruption
indicator.
Not later than 90 days after enactment of this Act, GAO is
directed to submit the review required under this heading.
GAO shall include the following in such review: (1) existing
legal authorities to use prior year, unobligated funds for a
compact for a country that becomes ineligible during the
current fiscal year for MCC assistance due to graduation from
lower-middle income status to upper-middle income status; (2)
recommended changes, if any, to existing legal authorities to
clarify MCC eligibility requirements and the use of funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs; and (3) recommendations, if any, for modifying the
availability of funds provided under this heading.
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.
Not later than 45 days after enactment of this Act and
every six months until September 30, 2017, the President of
the United States African Development Foundation is directed
to report to the Committees on Appropriations on all bank
accounts held outside of the United States, the balance of
funds in such accounts, and the interest earned on such
accounts during the previous six months.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The Act provides $23,500,000 for International Affairs
Technical Assistance.
TITLE IV--INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The Act provides $894,821,000 for International Narcotics
Control and Law Enforcement, and an additional $371,650,000
in title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA. The Act provides not less than
$54,975,000 to be transferred to, and merged with, Assistance
for Europe, Eurasia and Central Asia for the same purposes as
funds provided under this heading.
Funds in this Act under this heading are allocated
according to the following table:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget Authority
------------------------------------------------------------------------
Caribbean Basin Regional Security Initiative......... 25,221
Colombia............................................. 135,195
Office of the Attorney General, Human Rights Unit [10,000]
Demand Reduction..................................... 12,500
International Law Enforcement Academies.............. 27,000
Mexico............................................... 100,000
Morocco.............................................. 3,000
Philippines.......................................... 9,000
Combat Online Exploitation of Children........... [3,000]
Western Hemisphere Regional Security Cooperation..... 10,000
Wildlife Poaching and Trafficking.................... 40,000
------------------------------------------------------------------------
Funds made available under this heading for programs in
Africa should address the fundamental capability gaps that
exist throughout law enforcement and criminal justice systems
on the continent, including to improve the transparency,
accountability, and capacity of such systems. Not later than
120 days after enactment of this Act, the Secretary of State
is directed to submit a report to the Committees on
Appropriations on the intended level of funding and proposed
uses of such funds for such purposes, including how such
funds will be used to improve capabilities to address
wildlife trafficking, counternarcotics, border security, and
other transnational crime. The Secretary should also continue
to consider the utility of establishing an aviation program
in Africa.
The agreement includes funding to support border security
along Mexico's southern border with Guatemala and Belize.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The Act provides $506,381,000 for Nonproliferation, Anti-
terrorism, Demining and Related Programs, and an additional
$379,091,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. Funds in this Act under this
heading are allocated according to the following table:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Nonproliferation Programs............................ 292,150
Nonproliferation and Disarmament Fund............ [30,000]
Export Control and Related Border Security....... [65,000]
Global Threat Reduction.......................... [70,000]
Anti-terrorism Programs.............................. 408,322
Anti-terrorism Assistance........................ [186,138]
Terrorist Interdiction Program................... [26,184]
Counterterrorism Financing....................... [15,000]
Counterterrorism Partnerships Fund............... [175,000]
Conventional Weapons Destruction..................... 185,000
Humanitarian Demining............................ [145,000]
of which, Laos................................... [19,500]
of which, Vietnam................................ [10,500]
------------------------------------------------------------------------
Total, Nonproliferation, Anti-terrorism, 885,472
Demining and Related Programs...............
------------------------------------------------------------------------
of which, OCO.................................... [379,091]
------------------------------------------------------------------------
The agreement supports counterterrorism law enforcement
training for critical partner countries, including crisis
response, explosives incident management, aviation security,
and document verification and screening.
The agreement includes $175,000,000 for the
Counterterrorism Partnerships Fund, which
[[Page H10417]]
is subject to the regular notification procedures of the
Committees on Appropriations and section 7076(b) of this Act.
Funds are intended for programs to prevent and counter
terrorist safe havens, stem the flow of foreign fighters
joining terrorist groups such as ISIL, and counter terrorist
groups sponsored by the Government of Iran. Funds may also be
used to counter violent extremism. The Act provides further
guidance on these matters in section 7073.
The agreement provides not less than the fiscal year 2015
level to continue support for a strategy for unexploded
ordnance clearance in Southeast Asia and the Pacific Islands.
PEACEKEEPING OPERATIONS
The Act provides $131,361,000 for Peacekeeping Operations,
and an additional $469,269,000 in title VIII under this
heading is designated for OCO/GWOT pursuant to BBEDCA. Funds
in this Act under this heading are allocated according to the
following table:
PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Africa............................................... 410,680
Central African Republic......................... [10,000]
Democratic Republic of the Congo................. [14,000]
Liberia.......................................... [7,000]
Somalia.......................................... [273,380]
South Sudan...................................... [30,000]
Africa Regional.................................. [76,300]
of which, African Peacekeeping Rapid Response [55,000]
Partnership.....................................
of which, Partnership for Regional East Africa [10,000]
Counterterrorism................................
of which, Africa Conflict Stabilization and [6,300]
Border Security.................................
of which, Africa Military Education Program...... [3,000]
of which, Africa Maritime Security Initiative.... [2,000]
Near East............................................ 100,000
Syria............................................ [65,000]
Multinational Force and Observers................ [35,000]
Political-Military Affairs........................... 89,950
Security Governance Initiative................... [16,850]
Trans-Sahara Counterterrorism Partnership........ [19,100]
Global Peacekeeping Operations Initiative........ [54,000]
------------------------------------------------------------------------
Total, Peacekeeping Operations............... 600,630
------------------------------------------------------------------------
of which, OCO.................................... [469,269]
------------------------------------------------------------------------
In lieu of the additional notification requirements under
the Introduction of the Senate report, congressional
notifications submitted for funds made available under
Peacekeeping Operations shall include, for each program
notified, 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 2015 and 2016
at the time of submission of such notification, on a country-
by-country basis to the extent practicable.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The Act provides $108,115,000 for International Military
Education and Training.
In lieu of the reporting requirements included in the House
and Senate reports under this heading, the Secretary of State
is directed to submit a report to the Committees on
Appropriations on changes made in the current fiscal year to
enhance International Military Education and Training (IMET)
and Expanded IMET effectiveness and recommendations for the
following fiscal year. Such report shall be submitted
concurrently with the report required by section 7034(b)(7)
of this Act.
FOREIGN MILITARY FINANCING PROGRAM
The Act provides $4,737,522,000 for Foreign Military
Financing Program, and an additional $1,288,176,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to BBEDCA. Funds in this Act under this heading are allocated
according to the following table:
FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget Authority
------------------------------------------------------------------------
Colombia............................................. 27,000
Europe and Eurasia Regional.......................... 50,000
Egypt................................................ 1,300,000
Georgia.............................................. 30,000
Israel............................................... 3,100,000
Jordan............................................... 450,000
Mexico............................................... 7,000
Moldova.............................................. 12,750
Morocco.............................................. 10,000
Nepal................................................ 18,000
Philippines.......................................... 50,000
Poland............................................... 9,000
State Western Hemisphere Regional.................... 20,500
Caribbean Basin Security Initiative.............. [7,500]
Central America.................................. [13,000]
------------------------------------------------------------------------
Not later than September 30, 2016, GAO is directed to
submit the report required by the House report under this
heading in the manner described. The report should also
include a review of the resources committed by the
Departments of State and Defense to manage and implement the
Foreign Military Financing and Foreign Military Sales
programs, including staffing, and the impact of such
resources on the implementation timelines of such programs.
The agreement supports assistance to enhance the search and
rescue capabilities of the Government of Nepal to respond to
natural disasters, subject to prior consultation with the
Committees on Appropriations.
The agreement provides $50,000,000 to support partners and
allies in Europe and Eurasia to counter Russian territorial
aggression and influence and provides the authority in
section 8003 of this Act to transfer up to $15,000,000 of
such funds to the Global Security Contingency Fund for
countries in the region, including Ukraine.
TITLE V--MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The Act provides $339,000,000 for International
Organizations and Programs.
The agreement does not include funds for a voluntary
contribution to UNESCO, which is prohibited due to the
application of Public Law 101-246 and Public Law 103-236.
Funds under this heading are allocated according to the
following table:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Programs Budget Authority
------------------------------------------------------------------------
International Civil Aviation Organization............ 800
International Conservation Programs.................. 7,750
International Development Law Organization........... 550
International Maritime Organization.................. 350
Intergovernmental Panel on Climate Change/UN 10,000
Framework Convention on Climate Change..............
International Chemicals and Toxins Programs.......... 3,300
Monitoring and Evaluation............................ 500
Montreal Protocol Multilateral Fund.................. 25,500
Organization of American States Development 2,300
Assistance Programs.................................
Organization of American States Fund for 4,100
Strengthening Democracy.............................
Inter-American Commission on Human Rights........ [2,000]
Regional Cooperation Agreement on Combating Piracy 50
and Armed Robbery Against Ships in Asia.............
UN Office for the Coordination of Humanitarian 2,700
Affairs.............................................
UN Voluntary Fund for Technical Cooperation in the 1,100
Field of Human Rights...............................
UN Women............................................. 7,700
UN Human Settlements Program......................... 700
UN Capital Development Fund.......................... 750
UN Democracy Fund.................................... 4,000
UN Development Program............................... 80,000
UN Environment Program............................... 7,000
UN Population Fund................................... 32,500
UN Children's Fund................................... 132,500
UN High Commissioner for Human Rights................ 6,500
UN Voluntary Fund for Victims of Torture............. 6,550
World Meteorological Organization.................... 1,200
World Trade Organization Technical Assistance........ 600
------------------
Total, International Organizations and Programs.. 339,000
------------------------------------------------------------------------
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The Act provides $168,263,000 for Global Environment
Facility.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The Act provides $1,197,128,000 for Contribution to the
International Development Association.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
The Act provides $186,957,000 for Contribution to the
International Bank for Reconstruction and Development.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The Act provides $2,928,990,899 for Limitation on Callable
Capital Subscriptions.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND
The Act provides $170,680,000 for Contribution to the Clean
Technology Fund.
CONTRIBUTION TO THE STRATEGIC CLIMATE FUND
The Act provides $49,900,000 for Contribution to the
Strategic Climate Fund. An additional $9,720,000 is made
available by transfer pursuant to section 7060(c) of this
Act.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
The Act provides $102,020,448 for Contribution to the
Inter-American Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The Act provides $4,098,794,833 for Limitation on Callable
Capital Subscriptions.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
The Act provides $5,608,435 for Contribution to the Asian
Development Bank.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The Act provides $104,977,000 for Contribution to the Asian
Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The Act provides $34,118,027 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 $175,668,000 for Contribution to the
African Development Fund.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The Act provides $31,930,000 for Contribution to the
International Fund for Agricultural Development.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
The Act provides $43,000,000 for Global Agriculture and
Food Security Program.
CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT BANK
The Act provides $10,000,000 for Contribution to the North
American Development Bank. The Act does not include the
authority contained in section 7082 of the Senate bill.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The Act provides $255,000,000 for Limitation on Callable
Capital Subscriptions.
TITLE VI--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The Act provides $6,000,000 for Inspector General for the
Export-Import Bank of the United States.
[[Page H10418]]
ADMINISTRATIVE EXPENSES
The Act provides $106,250,000 for Administrative Expenses
for the Export-Import Bank of the United States.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Act provides $62,787,000 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.
TRADE AND DEVELOPMENT AGENCY
The Act provides $60,000,000 for Trade and Development
Agency.
TITLE VII
GENERAL PROVISIONS
The following general provisions are continued in this Act
substantively unchanged from the fiscal year 2015 Act
(division J of Public Law 113-235):
Sec. 7001. Allowances and Differentials
Sec. 7002. Unobligated Balances Report
Sec. 7003. Consulting Services
Sec. 7005. Personnel Actions
Sec. 7007. Prohibition Against Direct Funding for Certain
Countries
Sec. 7008. Coups d'Etat
Sec. 7010. Prohibition on First-Class Travel
Sec. 7011. Availability of Funds
Sec. 7012. Limitation on Assistance to Countries in Default
Sec. 7013. Prohibition on Taxation of United States
Assistance
Sec. 7014. Reservations of Funds
Sec. 7016. Notification on Excess Defense Equipment
Sec. 7017. Limitation on Availability of Funds for
International Organizations and Programs
Sec. 7018. Prohibition on Funding for Abortions and
Involuntary Sterilization
Sec. 7020. Representation and Entertainment Expenses
Sec. 7021. Prohibition on Assistance to Governments
Supporting International Terrorism
Sec. 7022. Authorization Requirements
Sec. 7023. Definition of Program, Project, and Activity
Sec. 7024. Authorities for the Peace Corps, Inter-American
Foundation and United States African Development Foundation
Sec. 7025. Commerce, Trade and Surplus Commodities
Sec. 7026. Separate Accounts
Sec. 7027. Eligibility for Assistance
Sec. 7030. Debt-for-Development
Sec. 7035. Arab League Boycott of Israel
Sec. 7036. Palestinian Statehood
Sec. 7037. Restrictions Concerning the Palestinian
Authority
Sec. 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation
Sec. 7039. Assistance for the West Bank and Gaza
Sec. 7040. Limitation on Assistance for the Palestinian
Authority
Sec. 7046. Prohibition of Payments to United Nations
Members
Sec. 7047. War Crimes Tribunals
Sec. 7049. Community-Based Police Assistance
Sec. 7050. Prohibition on Promotion of Tobacco
Sec. 7051. International Conferences
Sec. 7052. Aircraft Transfer and Coordination
Sec. 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments
Sec. 7054 Landmines and Cluster Munitions
Sec. 7055. Prohibition on Publicity or Propaganda
Sec. 7059. Gender Equality
Sec. 7061. Overseas Private Investment Corporation
Sec. 7062. Arms Trade Treaty
Sec. 7064. Reporting Requirements Concerning Individuals
Detained at Naval Station Guantanamo Bay, Cuba
Sec. 7065. Multi-year Pledges
Sec. 7066. Prohibition on Use of Torture
Sec. 7067. Extradition
Sec. 7068. Commercial Leasing of Defense Articles
Sec. 7074. Enterprise Funds
Sec. 7075. Use of Funds in Contravention of this Act
Sec. 7079. Disability Programs
Sec. 7080. Impact on Jobs in the United States
The Act includes a provision to allow support by the
Export-Import Bank of the United States and OPIC for coal-
fired and other power generation projects in International
Development Association (IDA) and IDA-blend eligible
countries. This provision is expected to increase affordable
electricity, especially to those without current access to
electricity, as well as to support increased exports from the
United States and prevent the loss of United States jobs.
The following general provisions are new or substantively
modified from the fiscal year 2015 Act (division J of Public
Law 113-235):
Sec. 7004. Diplomatic Facilities (Modified)
The Act does not include the limitation and reporting
requirement regarding the relocation project for the United
States Embassy to the Holy See that was included in the House
bill. The project met the conditions in prior Acts and was
completed at the end of fiscal year 2015. Not later than 45
days after enactment of this Act, the Secretary of State is
directed to submit to the Committees on Appropriations a
final report on the project, including the cost, security
improvements, and current staffing levels.
Sec. 7006. Local Guard Contracts (Modified)
The Act modifies the expanded one-year authority in the
Senate bill to require notification of the appropriate
congressional committees each time the Secretary of State
exercises the authority for a United States diplomatic
facility not deemed high threat and high risk. The
notification required by this section shall include a
justification for covered awards, an explanation of why the
use of Lowest Price Technically Acceptable (LPTA) basis award
is not appropriate, and an estimated cost comparison between
awarding such contract on a best value basis as determined by
a cost-technical tradeoff analysis instead of on the basis of
LPTA.
Sec. 7009. Transfer Authority (Modified)
Sec. 7015. Notification Requirements (Modified)
The Act modifies subsection (a) to require notification
when specified changes occur in programs, projects, and
activities. Paragraph (4) applies to domestic and overseas
bureaus, centers, and offices, and paragraph (5) is not
intended to require a notification for duties performed by
personal services contractors. The term ``previously
notified'' includes changes that have been specifically noted
in a CBJ.
Subsection (b) is modified to require notification of any
reprogramming of funds that results from changes specified in
this subsection.
Subsection (c) is modified by deleting the reference to
Conflict Stabilization Operations, which is subject to the
notification requirements in subsection (a) and (b), and by
including Assistance for Europe, Eurasia and Central Asia.
Sec. 7019. Allocations (Modified)
The agreement modifies language in section 7019 of the
House and Senate bills. Amounts specifically designated in
tables in this explanatory statement for funds appropriated
in titles III through V that are applicable to the 653(a)
report shall be included in such report. The revised section
7019 also provides that funds appropriated in the Act under
titles III through V shall be made available to meet
specifically designated amounts in such tables and may only
be deviated from by 5 percent. Deviations from specifically
designated amounts in excess of 5 percent are only authorized
for specific circumstances enumerated in the Act and are
subject to prior consultation and notification.
For specifically designated amounts in tables that are also
included in the 653(a) report, any deviation from such
specifically designated amounts are not authorized until
submission of such report. For example, a specifically
designated amount of $4,500,000 in the Economic Support Fund
table in this explanatory statement for assistance for a
country must be contained in the 653(a) report. However,
after submission of such report, a deviation of up to 5
percent from $4,500,000 is authorized. A deviation in excess
of 5 percent may only take place to respond to specific
circumstances enumerated in the Act and is subject to prior
consultation and notification. For a specifically designated
amount, such as $7,000,000 for a program in the Development
Assistance table, which would not be reflected in the 653(a)
report, deviations authorized by subsection (b) may take
place prior to submission of such report. Nothing in the
revised section 7019 may be construed to authorize a
deviation from a designated funding level in the Act
containing a ``shall''.
Sec. 7028. Local Competition (Modified)
Sec. 7029. International Financial Institutions (Modified)
Sec. 7031. Financial Management and Budget Transparency
(Modified)
Subsection (d) does not include the reference contained in
the Senate bill to section 1504 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203; 124
Stat. 2220) because the Securities and Exchange Commission
has not yet published final regulations under such law.
Sec. 7032. Democracy Programs (Modified)
The Act provides $2,308,517,000 for democracy programs, of
which $312,963,000 is directed for Africa. The Act modifies
language proposed in the Senate bill regarding appropriate
mechanisms for democracy promotion.
To clarify and standardize the use of such mechanisms,
subsection (f)(1) requires the development of guidelines for
the use of contracts versus grants and cooperative agreements
for the unique objectives of democracy programs. The
Secretary of State and the USAID Administrator are directed
to consider funds appropriated for democracy programs under
the following headings: Development Assistance; Transition
Initiatives; Complex Crises Fund; Economic Support Fund;
Democracy Fund; Assistance for Europe, Eurasia and Central
Asia; and International Narcotics Control and Law
Enforcement. This subsection excludes NED and its core
institutes.
The development of such guidelines is intended to assist
democracy officers worldwide with designing programs that
properly reflect the objectives of democracy programs and the
purposes to be achieved, as well as assist contracting and
agreement officers in selecting the most appropriate
mechanism for democracy programs, consistent with sections
6303 through 6305 of title 31, United States Code. In
preparing such guidelines, the Department of State and USAID
should consider the roles and responsibilities of each agency
in promoting democracy abroad, in accordance with the
explanatory statement accompanying division J of Public Law
113-235.
Subsection (f)(2) requires USAID to continue to implement
programs that recognize the unique benefits of using grants
and cooperative agreements in the civil society and political
competition and consensus building
[[Page H10419]]
sectors, which include the following subsectors: civic
participation; media freedom and information; political
parties; consensus building processes; and election and
political processes.
The Secretary of State is directed to submit the report
required by subsection (g)(2) of the Senate bill (regarding
training) in the manner described.
Not less than 30 days after enactment of this Act, the
Secretary of State is directed to submit the report required
under the explanatory statement accompanying division J of
Public Law 113-235, regarding the coordination of democracy
programs.
The agreement endorses the directive in the Senate report
that NED, Department of State, and USAID regularly consult
with one another regarding their democracy and human rights
activities.
Sec. 7033. International Religious Freedom (New)
The agreement endorses language in the Senate report
regarding programs to combat anti-Semitism abroad.
Sec. 7034. Special Provisions (Modified)
The Secretary of State is directed to include the
appropriate congressional committees in the consultation
requirement incorporated by reference in subsection (b)(3).
Subsection (b)(4) includes funding directives for forensic
assistance. Not later than 90 days after enactment of this
Act, the Secretary of State is directed to consult with the
Committees on Appropriations on the use of such funds.
For the purposes of the report required by subsection
(b)(7), the Secretary of State is directed to include the
specific countries and military services that received
assistance and the amounts and purposes of such assistance.
Subsection (d)(6) includes new, limited authority for the
provision of innovation incentive awards, similar to that
proposed in the Senate bill. The USAID Administrator is
directed to report to the Committees on Appropriations every
six months on the use of such authority.
In carrying out the PVS pilot program required by
subsection (e), the Department of State and USAID are
directed to include a direct vetting option that does not
require prime awardees to collect, verify, or submit sub-
awardee data. The Department of State and USAID should ensure
that all individuals vetted through such pilot are able to
obtain information on how data is used by the United States
Government. The report following the completion of the PVS
pilot program shall include recommendations for standardizing
and streamlining vetting processes; consideration of
exemptions for humanitarian and democracy assistance;
analysis of privacy and data protection concerns; a
description of consultations with governmental and
nongovernmental stakeholders affected by the pilot program;
and responses to concerns raised during such consultations.
Prior to the completion of the evaluation and consultation
with the Committees on Appropriations, USAID and the
Department of State are directed to refrain from implementing
similar vetting systems in countries outside the designated
PVS pilot program unless required to respond to existing
security threats. The Committees on Appropriations shall be
consulted prior to beginning new vetting programs or
implementing changes to the existing vetting programs.
Subsection (q) provides $45,000,000 for the Small Grants
Program and makes certain modifications to such program,
including providing authority for additional administrative
and oversight costs that may include increases in the number
of Locally Employed Staff. The USAID Administrator is
directed to continue the consultation and reporting
requirements for the Small Grants Program in section 7080 of
division J of Public Law 113-235 for fiscal year 2016.
Subsection (r) does not include the definition proposed in
the Senate bill for the term ``best practices''' for the
protection of whistleblowers. For purposes of sections 7029,
7048, and 7058 of this Act, such term shall mean practices
that are implemented consistent with terms specified in
international conventions or adopted by international
organizations such as the Organization for Economic
Cooperation and Development and the Organization of American
States.
Sec. 7041. Middle East and North Africa (Modified)
Egypt.--Not later than 90 days after the enactment of this
Act, the Secretary of State, in consultation with the USAID
Administrator, is directed to submit to the appropriate
congressional committees a report on the hepatitis C pilot
program initiated in fiscal year 2015, including the goals
and benchmarks established in consultation with the
Government of Egypt, the anticipated number of recipients,
efforts to coordinate such program with other United States
Government agencies, and the annual expenditure of the
Government of Egypt on programs to combat hepatitis C.
The Secretary of State is directed to support programs
funded under Economic Support Fund that promote policy
reforms that create an enabling environment for economic
growth.
Funds in the Act for assistance for Egypt are allocated
according to the following table:
EGYPT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................ 150,000
International Narcotics Control and Law Enforcement.. 2,000
Nonproliferation, Anti-terrorism, Demining and 2,500
Related Programs....................................
International Military Education and Training........ 1,800
Foreign Military Financing Program................... 1,300,000
------------------
Total............................................ 1,456,300
------------------------------------------------------------------------
Iran.--The submission of the reports required by subsection
(b)(3) shall satisfy the reporting directives on Iran in the
Senate report.
For the purposes of the report required by subsection
(b)(3)(B), the term ``international community'' shall mean
the United Nations, China, France, Germany, the Russian
Federation, the United Kingdom, and the European Union.
Iraq.--USAID and the Department of State are directed to
support programs in Iraq that address sectarianism, assist
vulnerable populations, and strengthen governance, including
by promoting civil society. Programs should advance peace and
reconciliation goals and build a strong foundation for the
long-term stability of Iraq.
Funds in the Act for assistance for Iraq are allocated
according to the following table:
IRAQ
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................ 72,500
Marla Ruzicka Iraqi War Victims Fund............. [7,500]
International Narcotics Control and Law Enforcement.. 11,000
Nonproliferation, Anti-terrorism, Demining and 20,860
Related Programs....................................
International Military Education and Training........ 1,000
Foreign Military Financing Program................... 250,000
------------------
Total............................................ 355,360
------------------------------------------------------------------------
Funds are provided for the continuation of the Marla
Ruzicka Iraqi War Victims Fund, subject to prior consultation
with the Committees on Appropriations, to assist Iraqi
civilians who have suffered losses due to military
operations, terrorism, or other sectarian violence. Prior to
any decision to reassign management and oversight
responsibility for such fund from USAID to DRL, the
Department of State and USAID are directed to consult with
the Committees on Appropriations.
Jordan.--Funds in this Act for assistance for Jordan are
allocated according to the following table:
JORDAN
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................ 812,350
Nonproliferation, Anti-terrorism, Demining and 8,850
Related Programs....................................
International Military Education and Training........ 3,800
Foreign Military Financing Program................... 450,000
------------------
Total............................................ 1,275,000
------------------------------------------------------------------------
The agreement includes $100,000,000 for water sector
support for Jordan, which is intended to support the Red Sea-
Dead Sea water project, pending completion of relevant
studies and assessments.
Lebanon.--The agreement supports scholarships awarded on a
competitive basis for students in Lebanon with high financial
need at not-for-profit institutions in Lebanon that meet
standards comparable to those required for United States
accreditation, as recommended in the House and Senate
reports. Not later than 90 days after enactment of this Act,
the USAID Administrator is directed to consult with the
Committees on Appropriations on the criteria for
participation in scholarship programs for institutions in the
Middle East, including to address the needs of individuals
displaced by conflict.
Libya.-- Funds in this Act for assistance for Libya are
allocated according to the following table:
LIBYA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................ 10,000
International Narcotics Control and Law Enforcement.. 2,000
Nonproliferation, Anti-terrorism, Demining and 6,500
Related Programs....................................
International Military Education and Training........ 1,500
------------------
Total............................................ 20,000
------------------------------------------------------------------------
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.
Syria.--The Act includes language in subsection (h)(2),
similar to that proposed in the Senate bill, regarding
assistance to build the capacity of Syrian civil society
organizations to address the immediate and long-term needs of
people inside Syria in a manner that supports the
sustainability of such organizations and the goals and
objectives of the strategy required in section 7041(i)(3) of
the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2014 (division K of Public Law
113-76). The provision is intended to empower such
organizations by establishing a more direct relationship with
the Department of State and USAID.
In addition to the directives in the House and Senate
reports, assistance to vulnerable populations within Syria
and those fleeing the Syrian conflict should include medical,
rehabilitation, and vocational assistance for those who have
suffered physical disabilities as a result of the ongoing
conflict.
The agreement endorses language contained in the House
report under Foreign
[[Page H10420]]
Military Financing Program regarding expediting Foreign
Military Financing and Foreign Military Sales cases and
related licenses to partners in the coalition in the fight
against ISIL and, not later than 60 days after enactment of
this Act, the Secretary of State, in consultation with the
Secretary of Defense, is directed to submit to the Committees
on Appropriations a report on the feasibility and actions
required to furnish armed and unarmed unmanned aerial systems
and associated technologies to such partners. The report
should include a summary of actions taken to approve such
systems since the initiation of military operations against
ISIL, and efforts to expedite the approval of such systems,
consistent with United States law and policy.
Tunisia.--Funds in this Act for assistance for Tunisia are
allocated according to the following table:
TUNISIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................ 60,000
International Narcotics Control and Law Enforcement.. 12,000
Nonproliferation, Anti-terrorism, Demining and 2,600
Related Programs....................................
International Military Education and Training........ 2,300
Foreign Military Financing Program................... 65,000
------------------
Total............................................ 141,900
------------------------------------------------------------------------
West Bank and Gaza.--The report required in subsection
(j)(3) shall also include a description of steps taken by the
Department of State to discourage such payments.
Sec. 7042. Africa (Modified)
South Sudan.--The Secretary of State is directed to ensure
that funds made available in this Act for South Sudan will
support adherence to, and implementation of, the peace
agreement reached in South Sudan in August 2015.
Sec. 7043. East Asia and the Pacific (Modified)
The Act includes language regarding assistance for East
Asia and the Pacific in a manner similar to that proposed by
the House and Senate.
Burma.--Assistance for Burma shall be prioritized to
underserved and rural areas, and support basic education,
civic education, and livelihoods programs. In addition, funds
should be made available to counter narcotics abuse among
youth throughout the country. The Secretary of State is
directed to consult with the Committees on Appropriations on
additional requirements should a peaceful transfer of power
occur in Burma following the election held on November 8,
2015.
The Act prohibits funding to any organization or individual
in Burma that the Secretary of State determines and reports
to the appropriate congressional committees advocates
violence against ethnic or religious groups. When considering
such determination, the Secretary should review the actions
of Ashin Wirathu.
Hong Kong.--The Secretary of State is directed to submit
the report required by subsection (e)(6) of the Senate bill
in the manner described.
People's Republic of China.--The agreement provides
$15,000,000 to continue democracy and environment programs in
the People's Republic of China (PRC), to be administered by
the Bureau of Democracy, Human Rights, and Labor, Department
of State, to promote and strengthen civic advocacy and the
rule of law. 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.
Thailand.--The agreement does not include assistance for
Thailand under International Military Education and Training
and Foreign Military Financing Program due to the application
of section 7008 of this Act.
Vietnam.--The agreement supports funds under Economic
Support Fund to continue the DNA forensic technology program
to identify Vietnamese persons missing-in-action. The
agreement provides funds under Economic Support Fund to
support the environmental remediation of dioxin contamination
at the Bien Hoa Airport. The Department of Defense is
strongly encouraged to contribute funds for this project,
which is expected to further United States-Vietnam relations.
Sec. 7044. South and Central Asia (Modified)
Afghanistan.--The Secretary of State is directed to include
in the operating plan for Diplomatic and Consular Programs
the information enumerated in the second paragraph under this
section in the House report.
The Secretary of State is directed to include in the
certification on corruption required by subsection (a)(2)(B)
a description of steps taken by the Government of Afghanistan
to combat corruption and prosecute individuals alleged to be
involved in illegal activities in Afghanistan. The Department
of State and USAID should continue to ensure that projects
implemented by organizations requiring security in
Afghanistan have security personnel who are properly trained
and equipped and are cost effective.
Subsection (a)(4) makes funds available for an endowment to
empower women and girls in Afghanistan. The Secretary of
State and USAID Administrator, as appropriate, are directed
to consult with the appropriate congressional committees
prior to obligating funds for such purposes.
Nepal.--The agreement provides $43,038,000 under Economic
Support Fund for assistance for Nepal, including to support
ongoing earthquake recovery and reconstruction efforts,
environmental conservation, conflict resolution, and
activities to protect the rights and address the needs of
Dalits and other marginalized groups.
Pakistan.--The agreement provides funds under International
Narcotics Control and Law Enforcement for assistance for
Pakistan for implementation of programs described in the CBJ,
the intent of which is to assist in building an independent
civilian justice system capable of conducting
counterterrorism investigations and prosecutions.
The Act provides funds under Economic Support Fund,
Assistance for Europe, Eurasia and Central Asia, and
International Narcotics Control and Law Enforcement to
enhance the recruitment, professionalism, and retention of
women in the judiciary, police, and other security forces in
South and Central Asia. The agreement provides not less than
the fiscal year 2015 level for such purposes in Pakistan,
which shall be made available through an open and competitive
process.
Sec. 7045. Western Hemisphere (Modified)
United States Engagement in Central America.--Subsection
(a) provides a framework for United States assistance to
implement the United States Strategy for Engagement in
Central America (the Strategy) in support of the Plan of the
Alliance for Prosperity in the Northern Triangle of Central
America (the Plan). The Act provides up to $750,000,000 for
the Strategy, which is allocated according to the following
table:
UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget Authority
------------------------------------------------------------------------
Development Assistance:
El Salvador...................................... 65,000
Guatemala........................................ 112,000
Honduras......................................... 93,000
Nicaragua........................................ 10,000
USAID Central America Regional................... 19,410
------------------
Subtotal..................................... 299,410
Economic Support Fund:
Central America Regional Security Initiative..... 126,500
Other Regional--Economic Opportunity............. 7,000
Other Regional--Prosperity and Governance........ 50,000
------------------
Subtotal..................................... 183,500
Foreign Military Financing Program:
Belize........................................... 1,000
Costa Rica....................................... 1,400
El Salvador...................................... 1,900
Guatemala........................................ 1,740
Honduras......................................... 4,500
Panama........................................... 2,125
State Western Hemisphere Regional................ 13,000
------------------
Subtotal..................................... 25,665
International Military Education and Training:
Belize........................................... 250
Costa Rica....................................... 425
El Salvador...................................... 1,000
Guatemala........................................ 775
Honduras......................................... 750
Panama........................................... 725
------------------
Subtotal..................................... 3,925
Global Health Programs--USAID:
Guatemala........................................ 13,000
------------------
Subtotal..................................... 13,000
International Narcotics Control and Law Enforcement:
Central America Regional Security Initiative..... 222,000
DNA Forensic Technology.......................... [4,000]
Guatemala Police Sexual Assault Units............ [3,000]
International Commission Against Impunity in [7,500]
Guatemala.......................................
------------------
Subtotal..................................... 222,000
Nonproliferation, Anti-terrorism, Demining and
Related Programs:
Panama........................................... 500
------------------
Subtotal..................................... 500
Overseas Private Investment Corporation:
Regional......................................... 2,000
------------------
Subtotal..................................... 2,000
------------------
Total, United States Strategy for 750,000
Engagement in Central America...........
------------------------------------------------------------------------
The agreement does not include funds for cash transfer
assistance or major infrastructure projects. It is expected
that, if supported as part of the Plan, such projects would
be financed by El Salvador, Guatemala, Honduras, and other
donors, including international development banks.
The Act withholds from obligation 75 percent of assistance
made available for each of the central governments of El
Salvador, Guatemala, and Honduras unless the Secretary of
State certifies and reports that such government is taking
effective steps to meet certain requirements, and requires
the Secretary to suspend assistance for such central
government that has not made sufficient progress in meeting
such requirements. Such withholding and any suspension of
funds should apply to each country individually, so that the
failure of one country to meet the requirements does not
adversely affect another.
The agreement provides $7,500,000 for a United States
contribution to the International Commission Against Impunity
in Guatemala (CICIG), and provides the authority to obligate
funds made available for the Central America Regional
Security Initiative after consultation with, and subject to
the regular notification procedures of, the Committees on
Appropriations to support international commissions against
impunity in Honduras and El Salvador, if such commissions are
established. To receive funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, such commissions
should have investigatory and prosecutorial independence and
authorities comparable to CICIG.
[[Page H10421]]
The agreement endorses the recommendation in the House and
Senate reports to transfer up to $15,000,000 from Development
Assistance to the Inter-American Foundation.
The Secretary of State, in coordination with the USAID
Administrator, is directed to develop a plan for monitoring
and evaluation of programs funded by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, to implement the Strategy.
Not later than 90 days after enactment of this Act, the
Department of State and USAID are directed to consult with
the appropriate congressional committees on such plan and
provide a progress report and initial results not later than
September 30, 2016.
The Secretary of State is directed to include in the report
required by subparagraph (3)(B) (relating to clause (xii)) an
assessment of the economic investment conditions in El
Salvador, Guatemala, and Honduras, and a description of
outstanding commercial disputes, including the confiscation
of real property, between United States entities and the
governments of such countries.
In addition to the reporting requirement regarding lessons
learned from the Merida Initiative and Plan Colombia included
in the Introduction of the Senate report, the Secretary of
State is directed to include lessons learned with regard to
law enforcement and counternarcotics activities.
Colombia.--In accordance with subsection (b), 19 percent of
the funds appropriated under Foreign Military Financing
Program that are made available for assistance for Colombia
may be obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that: (1) cases
involving members of the Colombian military who have been
credibly alleged to have violated human rights, including
those in positions with command authority who ordered or
covered up such crimes, are subject only to civilian
jurisdiction, the Colombian military is cooperating with
civilian authorities in such cases, and military officers
credibly alleged to have committed gross violations of human
rights are removed from positions with command authority
until the completion of judicial proceedings and
appropriately punished if convicted; (2) the Government of
Colombia is upholding its international obligations by
holding accountable persons responsible for crimes against
humanity, war crimes, and other gross violations of human
rights, and is not offering amnesty to such persons; and (3)
the Government of Colombia is continuing to dismantle illegal
armed groups, taking effective steps to protect the rights of
human rights defenders, journalists, trade unionists, and
other social activists, and respecting the rights and
territory of indigenous and Afro-Colombian communities.
The Secretary of State, in coordination with the Attorney
General, is expected to continue to work with the Government
of Colombia to extradite fugitives wanted by the United
States, in accordance with applicable agreements between the
two countries.
Prior to the obligation of funds made available by this Act
for counternarcotics programs and law enforcement activities
in Colombia, and after consultation with the Government of
Colombia, the Secretary of State is directed to submit a
report to the appropriate congressional committees describing
the Government of Colombia's revised counternarcotics
strategy, the costs associated with such strategy and the
winding down of the aerial eradication program, and a
description of the support to be provided by the Department
of State for counternarcotics and law enforcement activities
during fiscal year 2016 and subsequent fiscal years. Such
funds shall be made available on a cost-matching basis to the
maximum extent practicable in order to sustain the commitment
of the Government of Colombia to counternarcotics programs
and are subject to the regular notification procedures of the
Committees on Appropriations.
Haiti.--The agreement does not include language in the
Senate bill regarding assistance provided to the Haitian
National Police. The Secretary of State and the USAID
Administrator, as appropriate, are directed to take
appropriate steps to ensure that such assistance made
available by this Act for the Government of Haiti is not
controlled by, or otherwise under the influence of, any
private organization or individual.
Sec. 7048. United Nations (Modified)
The Secretary of State, in coordination with the United
States Mission to the UN, should seek United States
assessment rates for the UN regular budget and international
peacekeeping activities that are favorable to the United
States.
Not later than 180 days after enactment of this Act, the
Secretary of State is directed to submit a report to the
Committees on Appropriations on UN policies and processes to
combat corruption and eliminate waste, fraud, and abuse at
the UN and affiliated agencies, including recent actions
taken by the Office of Internal Oversight Services. The
Secretary of State is encouraged to use existing authorities,
including the withholding of bilateral economic assistance,
as appropriate, to further accountability, transparency, and
other reforms at the United Nations.
Sec. 7056. Consular Immunity (New)
Sec. 7057. United States Agency for International
Development Management (Modified)
Sec. 7058. Global Health Activities (Modified)
Sec. 7060. Sector Allocations (Modified)
Funds for certain sectors are allocated according to the
following table:
SECTOR ALLOCATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program Budget Authority
------------------------------------------------------------------------
Basic Education...................................... 800,000
Higher Education..................................... 225,000
Biodiversity Conservation............................ 265,000
Wildlife Trafficking................................. 80,000
Food Security and Agricultural Development........... 1,000,600
Microenterprise and Microfinance..................... 265,000
Trafficking in Persons............................... 60,000
Reconciliation Programs.............................. 26,000
Water and Sanitation................................. 400,000
------------------------------------------------------------------------
Funds for certain bilateral environment programs are
allocated according to the following table:
ENVIRONMENT PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget 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 (USFWS).. [17,500]
Lacey Act............................................ 2,000
Mayan Biosphere--Department of Interior.............. 1,000
Toxic Chemicals...................................... 5,000
USFWS................................................ 5,500
Migratory Bird Conservation...................... [500]
United States Forest Service......................... 5,000
Waste Recycling...................................... 5,000
------------------------------------------------------------------------
The Act includes not less than $80,000,000 to combat
wildlife poaching and trafficking, of which not less than
$10,000,000 shall be made available for programs to combat
rhinoceros poaching and shall be used primarily for site-
based anti-poaching activities to address immediate
requirements. Funds are provided to support regional wildlife
enforcement networks, including $1,000,000 to support the
Wildlife Enforcement Network Southern Africa; address
consumer demand, including in Asia; strengthen law
enforcement, including to address significant needs for
training and equipment; and enhance regional cooperation and
anti-trafficking networks. These programs shall include
monitoring and evaluation mechanisms to ensure funds are used
for the intended purposes, and to measure the outcomes of
such assistance, including the number and type of
prosecutions, trends in wildlife population sizes, and the
effectiveness of demand reduction campaigns. Not later than
45 days after enactment of this Act, the Secretary of State,
USAID Administrator, and Director of the USFWS are directed
to consult with the Committees on Appropriations on the uses
of funds for these purposes. The Secretary of State is
further directed to update the report required in the joint
explanatory statement accompanying Public Law 113-76,
including how funds are being used to implement the National
Strategy for Combating Wildlife Trafficking. The Secretary of
State is directed to include country and program funding
levels for combating wildlife poaching and trafficking in the
fiscal year 2017 CBJ.
The agreement includes $5,000,000 for the United States
Forest Service (USFS) in addition to funds otherwise made
available by USAID for USFS biodiversity conservation
activities, which shall be in amounts not less than fiscal
year 2014.
The agreement provides not less than $72,000,000 for
programs and activities to combat trafficking in persons
internationally, including funds for assistance, as allocated
according to the following table:
TRAFFICKING IN PERSONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Development Assistance............................... 9,800
Economic Support Fund................................ 11,200
International Narcotics Control and Law Enforcement.. 39,000
------------------------------------------------------------------------
The agreement includes $12,000,000 under Diplomatic and
Consular Programs for the Office to Monitor and Combat
Trafficking in Persons, Department of State. The agreement
provides $5,000,000 to support a multi-faceted approach to
combat human trafficking in Guatemala pursuant to section
7060(f) of this Act. Pursuant to the Trafficking Victims
Protection Act of 2000, as amended by Public Law 113-4,
$5,000,000 of the funds made available under International
Narcotics Control and Law Enforcement shall be made available
for child protection compacts.
Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with the USAID
Administrator, is directed to submit a report to the
Committees on Appropriations on obligations and expenditures
of all fiscal year 2015 funds managed by the Department of
State and USAID to combat human trafficking and forced labor.
The report shall include funding by program, project, and
activity and describe the management structure at the
Department of State and USAID used to program such funds.
Sec. 7063. Countries Impacted by Significant Refugee
Populations or Internally Displaced Persons (New)
The agreement includes language in section 7063 modified
from that proposed in section 7081 of the Senate bill, except
the Secretary of State is directed to submit the report
required in section 7081(b) in the manner described in such
section. In lieu of the information required in section
7081(b)(3), the Secretary of the Treasury is directed to
submit a report to the Committees on Appropriations, not
later than 90 days after enactment of this Act, on the
implications for country access to World Bank and other
[[Page H10422]]
concessional lending and grants if the World Bank were to
modify its per capita income categories to reflect the impact
of significant refugee populations and internally displaced
persons on host communities.
Not later than 90 days after enactment of this Act, the CEO
of the MCC is directed to submit a report to the Committees
on Appropriations on the number of middle income countries
that would become eligible for MCC compacts, and any other
implications for MCC operations and programs of such updated
World Bank per capita income categories.
Sec. 7069. Independent States of the Former Soviet Union
(Modified)
Ukraine.--The agreement provides not less than $658,185,000
for assistance for Ukraine, and authority for loan guarantees
is provided under section 7034(o) of this Act.
Funds in this Act for assistance for Ukraine are allocated
according to the following table:
UKRAINE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Global Health Programs--USAID........................ 6,100
Global Health Programs--State........................ 25,515
Assistance for Europe, Eurasia and Central Asia...... 525,000
International Narcotics Control and Law Enforcement.. 10,000
Nonproliferation, Anti-terrorism, Demining, and 3,670
Related Programs....................................
International Military Education and Training........ 2,900
Foreign Military Financing Program................... 85,000
------------------
Total............................................ 658,185
------------------------------------------------------------------------
Sec. 7070. Russia (Modified)
Sec. 7071. International Monetary Fund (Modified)
Sec. 7072. Special Defense Acquisition Fund (Modified)
Sec. 7073. Countering Foreign Fighters and Violent
Extremist Organizations (New)
The Act includes language similar to that contained in the
House and Senate bills regarding security threats and
challenges posed by foreign fighters, violent extremists, and
violent extremist organizations.
For the purposes of this section, the term ``violent
extremist organization'' means a foreign organization that,
pursuant to United States law, is determined to be an
organization that engages in terrorist activity (as defined
in section 212(a)(3)(B) of the Immigration and Nationality
Act), including an organization that is designated by the
Secretary of State as a foreign terrorist organization under
section 219 of such Act.
For the purposes of subsection (a)(2) the term ``de-
radicalization'' includes rehabilitation and reintegration
programs.
Not later than 90 days after the enactment of this Act, the
Secretary of State, in consultation with the heads of other
relevant Federal agencies, as appropriate, is directed to
submit to the appropriate congressional committees an
assistance and cooperation strategy for programs to implement
the objective described in subsection (a), in classified form
if necessary, which shall include a description of: (1) the
specific goals and objectives for such programs, and an
explanation of the methodology to be used in determining such
goals and objectives, on a country-by-country and
programmatic basis, and in establishing baselines for
determining programmatic success; (2) the coordinating
mechanisms between agencies to improve program efficiency and
effectiveness; (3) the coordinating mechanisms for programs
to counter terrorism and violent extremism; and (4) the
procedures and mechanism for end-use monitoring, vetting
procedures, and oversight of security sector and civilian
assistance made available to implement the strategy.
The Secretary of State shall submit the proposed funding
levels for programs described under paragraphs (a)(1) and (2)
concurrently with the 653(a) report.
Congressional notifications submitted pursuant to
subsection (c)(3) shall indicate the specific goals and
objectives to be supported through the proposed obligation of
funds.
Sec. 7076. Budget Documents (Modified)
The Act modifies subsection (a) to clarify that certain
funding level changes to programs, projects, and activities
that are included in operating plans are subject to
notification requirements.
The regional security initiatives to be addressed in the
spend plans required by subsection (b)(1)(B) shall include:
the Caribbean Basin Security Initiative; the Central America
Regional Security Initiative; the Trans-Sahara
Counterterrorism Partnership; the Partnership for Regional
East Africa Counterterrorism; the West Africa Regional
Security Initiative; the Global Peace Operations Initiative,
including Africa Contingency Operations Training and
Assistance; the African Peacekeeping Rapid Response
Partnership; the Africa Conflict Stabilization and Border
Security program; the African Military Education Program; the
Africa Maritime Security Initiative; the Security Governance
Initiative; the Africa Regional Counter-Terrorism Fund; the
Counterterrorism Partnerships Fund; the Regional Security
Initiative; the Africa Capacity for Immediate Response to
Crisis; and the Southeast Asia Maritime Security Law
Enforcement Initiative.
Sec. 7077. Reports and Records Management (New)
The Act does not include language in the Senate bill
regarding the termination of reports. The Department of State
and USAID are directed to provide a list of obsolete reports
proposed to be terminated during fiscal year 2017, and such
list should be limited to reports under the jurisdiction of
the Subcommittee on State, Foreign Operations, and Related
Programs or reports required by prior appropriations Acts.
Subsection (c)(1)(A) is not intended to prohibit the
funding of Department of State or USAID cloud server
capabilities.
The GAO shall submit the completed assessment required
under subsection (c)(3) to the Secretary of State, the USAID
Administrator, and the Committees on Appropriations.
Sec. 7078. Global Internet Freedom (Modified)
The Secretary of State should prioritize Internet freedom
programs that seek to counter restrictive Internet laws and
policies, including working with local civil society
organizations to support policies to promote Internet
freedom, in countries with governments that have adopted, or
are considering, laws or policies that restrict Internet
access and content.
Funds in the Act for Internet freedom programs are
allocated according to the following table:
INTERNET FREEDOM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Democracy Fund (Department of State)................. 13,000
Economic Support Fund................................ 14,275
Near East Regional Democracy..................... [9,000]
Assistance for Europe, Eurasia and Central Asia...... 4,725
Democracy Fund (USAID)............................... 3,500
International Broadcasting Operations................ 15,000
------------------
Total, Internet Freedom.......................... 50,500
------------------------------------------------------------------------
Sec. 7081. Country Focus and Selectivity (New)
The Act includes language modified from the Senate bill
regarding country focus and selectivity. The intent of this
provision is to decrease country dependency on United States
foreign assistance and to encourage self-sufficiency through
programs to strengthen economic development, security, and
stability. However, bilateral and security assistance to
certain countries serve abiding strategic purposes, and a
transition plan for such a country should acknowledge this
interest.
Subsection (a) requires a transition plan in any country
assistance strategy developed after the date of enactment of
this Act, and such plan should identify end goals and options
for winding down bilateral economic and security assistance.
The Secretary of State, in consultation with the USAID
Administrator, is directed to develop and distribute
guidelines to appropriate personnel for implementation of
this subsection.
The Secretary is directed to consult with the Committees on
Appropriations prior to initiating a targeted transition on
the country selection process, the proposed period of
transition, and the percentage reduction in new obligations.
Sec. 7082. United Nations Population Fund (Modified)
The Act does not include the following general provisions
from the fiscal year 2015 Act (division J of Public Law 113-
235), which have been discontinued or combined with other
sections: sections 7010, 7056, 7061, 7064, 7065, 7072, 7080,
7083, 7084, 7085.
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 $2,561,808,000 for
Diplomatic and Consular Programs, of which $1,966,632,000 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 $595,176,000 is for operations, of
which up to $15,000,000 may be made available for Conflict
Stabilization Operations for overseas response related to
reconstruction and stabilization assistance, and up to
$10,000,000 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 this 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 $66,600,000 for Office of
Inspector General at the Department of State, of which
$56,900,000 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 $747,851,000 for Embassy
Security, Construction, and Maintenance, of which
$735,201,000 is for WSU, which is designated for OCO/GWOT
pursuant to BBEDCA.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The Act provides an additional $101,728,000 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 H10423]]
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Act provides an additional $1,794,088,000 for
Contributions for International Peacekeeping Activities for
international peacekeeping activities in Africa and the Near
East, which is designated for OCO/GWOT pursuant to BBEDCA.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The Act provides an additional $10,700,000 for
International Broadcasting Operations for the extraordinary
costs of United States international broadcasting to
Afghanistan, Pakistan, Syria, and Iraq, which is designated
for OCO/GWOT pursuant to BBEDCA.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The Act provides an additional $139,262,000 for Operating
Expenses for the extraordinary costs of operations in
Afghanistan, Pakistan, and Iraq, 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 $1,919,421,000 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 $37,000,000 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. Funds
under this heading may be used in a similar manner to funds
made available under title III.
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.
The Department of State and USAID are directed to ensure
proper implementation of such funds, consistent with prior
fiscal years.
ECONOMIC SUPPORT FUND
The Act provides an additional $2,422,673,000 for Economic
Support Fund for the extraordinary costs of assistance for
countries, including Afghanistan, Pakistan, and Iraq, which
is designated for OCO/GWOT pursuant to BBEDCA.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The Act provides an additional $438,569,000 for Assistance
for Europe, Eurasia and Central Asia, which is designated for
OCO/GWOT pursuant to BBEDCA.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The Act provides an additional $2,127,114,000 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 $371,650,000 for
International Narcotics Control and Law Enforcement for the
extraordinary costs of assistance for countries, 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 $379,091,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs for the extraordinary costs of anti-terrorism
programs, which is designated for OCO/GWOT pursuant to
BBEDCA.
PEACEKEEPING OPERATIONS
The Act provides an additional $469,269,000 for
Peacekeeping Operations for the extraordinary cost of
peacekeeping requirements, including the United States share
of assessed contributions of UN Operations 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 $1,288,176,000 for Foreign
Military Financing Program for the extraordinary costs of
assistance for countries, including to counter Russian
Federation aggression and influence, which is designated for
OCO/GWOT pursuant to BBEDCA.
GENERAL PROVISIONS
Sec. 8001. Additional Appropriations
This section clarifies that amounts appropriated by this
title are in addition to amounts appropriated or otherwise
made available in this Act for fiscal year 2016.
Sec. 8002. Extension of Authorities and Conditions
This section requires that the authorities and conditions
applicable to funding elsewhere in this Act are applicable to
funds in this title.
Sec. 8003. Transfer Authority
Subsection (a)(1) provides authority for the Secretary of
State to transfer funds appropriated by this title in this
Act under Transition Initiatives, Complex Crises Fund,
Economic Support Fund, and Assistance for Europe, Eurasia and
Central Asia between such headings. Subsection (a)(2)
provides authority for the Secretary of State to transfer
funds appropriated by this title in this Act under
International Narcotics Control and Law Enforcement,
Nonproliferation, Anti-terrorism, Demining and Related
Programs, Peacekeeping Operations, and Foreign Military
Financing Program between such headings. Subsection (a)(3)
includes transfer authorities related to International
Disaster Assistance and Migration and Refugee Assistance.
Subsection (b) provides authority for the Secretary of
State to transfer funds appropriated by this title in this
Act under Foreign Military Financing Program in an amount
that shall not exceed $15,000,000 to the Global Security
Contingency Fund for programs in the Europe and Eurasia
region.
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.
TITLE IX--OTHER MATTERS
MULTILATERAL ASSISTANCE
International Monetary Programs
UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND
DIRECT LOAN PROGRAM ACCOUNT
The Act provides an increase in the United States quota in
the International Monetary Fund in the amount that is the
dollar equivalent of 40,871,800,000 Special Drawing Rights.
Funds are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of BBEDCA and
shall only be available if the President designates such
amount and the amount rescinded from the New Arrangements to
Borrow as an emergency requirement and transmits such
designation to the Congress.
LOANS TO THE INTERNATIONAL MONETARY FUND
DIRECT LOAN PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
The Act permanently rescinds the dollar equivalent of
40,871,800,000 Special Drawing Rights. Funds are designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of BBEDCA and shall only be rescinded
if the President designates such amount as an emergency
requirement and transmits such designation to the Congress.
GENERAL PROVISIONS
Sec. 9001. Limitations on and Expiration of Authority with
Respect to the New Arrangements to Borrow.
Sec. 9002. Acceptance of Amendments to Articles of
Agreement; Quota Increase.
Sec. 9003. Report on Methodology Used for Congressional
Budget Office Cost Estimates.
Sec. 9004. Required Consultations with Congress in Advance
of Consideration of Exceptional Access Lending.
Sec. 9005. Repeal of Systemic Risk Exemption to Limitations
to Access Policy of the International Monetary Fund.
Sec. 9006. Annual Report on Lending, Surveillance, or
Technical Assistance Policies of the International Monetary
Fund.
Sec. 9007. Report on Improving United States Participation
in the International Monetary Fund.
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DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Congressional Directives
The language and allocations set forth in the House report
(House Report 114-129) and the Senate report (Senate Report
114-75) should be complied with unless specifically addressed
to the contrary in this division or explanatory statement.
Report language included by the House, which is not changed
by this explanatory statement, and the Senate report
language, which is not changed by this explanatory statement,
is a result of the 2016 appropriations agreement. The
explanatory statement, while repeating some report language
for emphasis, does not intend to negate the language referred
to above unless expressly provided herein. In cases 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 or authority. Any reprogramming
requests must be submitted to the House and Senate Committees
on Appropriations no later than June 30, 2016.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The agreement provides $108,750,000 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....................... $2,734,000
Immediate Office of the Deputy Secretary................ 1,025,000
Office of the General Counsel........................... 20,609,000
Office of the Under Secretary for Transportation Policy. 9,941,000
Office of the Assistant Secretary for Budget and 13,697,000
Programs...............................................
Office of the Assistant Secretary for Government Affairs 2,546,000
Office of the Assistant Secretary for Administration.... 25,925,000
Office of the Assistant Secretary for Public Affairs.... 2,029,000
Office of the Executive Secretariat..................... 1,737,000
Office of Small and Disadvantaged Business Utilization.. 1,434,000
Office of Intelligence, Security, and Emergency Response 10,793,000
Office of the Chief Information Officer................. 16,280,000
------------------------------------------------------------------------
Comprehensive truck size and weight limits study.--The
agreement includes a provision that requires the Secretary to
transmit to Congress the final Comprehensive Truck Size and
Weight Limits Study, as mandated by MAP-21, within 60 days of
enactment of this Act. The Department of Transportation
released a Technical Report in June which examined six
alternate truck configurations. The Transportation Research
Board (TRB) has acknowledged that the Department's efforts to
conduct the study are hampered by data limitations; however,
according to the TRB peer-review committee, the technical
report lacks a consistent and complete quantitative summary
of the evaluations of the alternative configuration scenarios
and presents impact estimates using inconsistent units of
measure which prevents the reader from weighing costs,
benefits, and trade-offs. The TRB committee notes possible
instances of bias, assumptions, and possible
misinterpretation of data in the report. The Committees view
the Technical Report, particularly the Department's
misrepresentation of the data limitations, as an
unsatisfactory document that makes no progress on meeting the
Department's responsibilities under the MAP-21 mandate.
RESEARCH AND TECHNOLOGY
The agreement provides $13,000,000 for the Office of the
Assistant Secretary for Research and Technology.
NATIONAL INFRASTRUCTURE INVESTMENTS
The agreement provides $500,000,000 for capital investments
in surface transportation infrastructure, commonly known as
the ``TIGER'' program. Funds are available for highway and
bridge projects; transit projects; passenger and freight rail
projects; and port, inland port, and land ports of entry
projects. The Secretary is reminded to consider worthy
transportation projects in suburban areas when meeting
geographical requirements. The agreement does not include
funds for planning activities.
FINANCIAL MANAGEMENT CAPITAL
The agreement provides $5,000,000 for the financial
management capital program.
CYBER SECURITY INITIATIVES
The agreement provides $8,000,000 for departmental cyber
security initiatives.
OFFICE OF CIVIL RIGHTS
The agreement provides $9,678,000 for the Office of Civil
Rights.
TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT
The agreement provides $8,500,000 for planning, research
and development activities, of which $2,500,000 is for the
establishment of an Interagency Infrastructure Permitting
Improvement Center (IIPIC). 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 $190,039,000.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The agreement provides a total appropriation of $933,000
for the minority business center program: $336,000 for the
cost of guaranteed loans and $597,000 for the administrative
expenses of the program. The bill limits loans to
$18,367,000.
MINORITY BUSINESS OUTREACH
The agreement provides $3,084,000 for minority business
outreach.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $175,000,000 for payments to air
carriers. In addition to these funds, the program will
receive approximately $108,000,000 in overflight fees
pursuant to the FAA Modernization and Reform Act of 2012.
The agreement includes a provision that allows amounts
authorized for the essential air service program to be
immediately available from resources of the Federal Aviation
Administration and allows such resources to be reimbursed
from collected overflight fees.
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 his Act, unless such assessments or
agreements have completed the normal reprogramming process
for Congressional notification.
Section 102 allows the Department of Transportation Working
Capital Fund to provide payments in advance to vendors for
the Federal transit pass fringe benefit program.
Section 103 requires the Secretary of Transportation to
post on the Web a schedule of all Credit Council meetings,
agendas, and meeting minutes.
Section 104 allows the Department of Transportation Working
Capital Fund to provide full or partial payments in advance
and accept reimbursements from Federal agencies for transit
benefit distribution services.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement includes $9,909,724,000 for the operations of
the Federal Aviation Administration (FAA). Of the total
amount provided, $7,922,000,000 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...................................... $7,505,293,000 $7,505,293,000
Aviation Safety............................................... 1,258,411,000 1,258,411,000
Commercial Space Transportation............................... 18,144,000 17,800,000
Finance and management........................................ 764,621,000 760,500,000
NextGen and operations planning............................... 60,582,000 60,089,000
Staff offices................................................. 207,099,000 206,751,000
Security and Hazardous Materials Safety....................... 100,880,000 100,880,000
-------------------------------------------------
Total..................................................... $9,915,000,000 $9,909,724,000
----------------------------------------------------------------------------------------------------------------
Operations funding.--The agreement includes the full budget
request for the air traffic organization, aviation safety,
and security and hazardous materials safety. The agreement
includes reductions of less than two percent from commercial
space activities, and less than one percent from finance and
management, NextGen planning, and staff offices. These
reductions are taken without prejudice. The agreement funds
overall FAA operations at 99.95 percent of the budget request
to ensure the highest possible level of air traffic services,
for both general and commercial aviation. The agreement also
fully supports FAA's efforts to hire over 1,500 controllers
in fiscal year 2016, and the FAA is directed to make the
investments necessary to enhance its controller hiring
capabilities to meet its fiscal year 2016 hiring goals.
Contract towers.--The agreement provides $154,400,000 for
the contract tower program.
Aviation noise impacts.--During floor consideration of H.R.
2577, a variety of amendments were offered in both chambers
related to FAA air traffic procedures and, in particular, the
noise that those procedures create in neighborhood
communities. FAA must
[[Page H10441]]
take a more proactive role in engaging communities that are
impacted by these new departure and arrival procedures,
especially when the agency chooses to utilize a categorical
exclusion as part of the environmental review process. The
agreement does not include provisions related to specific
communities, but rather includes broad language requiring FAA
to update its community involvement manual and implementation
plan. Improved community outreach is one part of the
solution. Investments in new technologies that will reduce
noise and other environmental impacts caused by aircraft are
equally important. In that regard, the agreement continues to
include robust funding for the Continuous Lower Energy,
Emissions and Noise (CLEEN) program.
Organization delegation authorization.--The FAA is directed
to continue its efforts to more fully utilize organization
designation authorization (ODA) for aircraft certification
processes, while improving ODA risk-based oversight and
workforce training. FAA is directed to provide a progress
report on its improvements to ODA processes no later than 180
days after enactment.
Pathfinder program/commercial airports.--The agreement
supports FAA's Pathfinder program and encourages the FAA to
expand the program to include a commercial airport, in
conjunction with the UAS center for excellence as evaluator.
A letter report is requested on findings related to such
expansion no later than 180 days after enactment.
Pathfinder program/electric utilities.--The agreement
encourages FAA to consider including electric utility
companies in the Pathfinder program to increase the
understanding of the role unmanned aerial systems can play in
supporting disaster recovery and ensuring the resiliency of
the electric grid.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement includes $2,855,000,000 for FAA facilities
and equipment. Of the total amount available, $470,049,000 is
available until September 30, 2016 and $2,384,951,000 is
available until September 30, 2018. The agreement includes
language directing FAA to transmit a five-year capital
investment plan to Congress no later than March 31, 2016, and
reduces funding by $100,000 for each day the capital
investment plan is late.
The following table provides a breakdown of the agreement
by program:
----------------------------------------------------------------------------------------------------------------
Program Request Agreement
----------------------------------------------------------------------------------------------------------------
Activity 1--Engineering, Development, Test and Evaluation
----------------------------------------------------------------------------------------------------------------
Advanced Technology Development and Prototyping............... 21,300,000 21,300,000
NAS Improvement of System Support Laboratory.................. 1,000,000 1,000,000
William J. Hughes Technical Center Facilities................. 19,050,000 19,050,000
William J. Hughes Technical Center Infrastructure Sustainment. 12,200,000 12,200,000
Separation Management Portfolio............................... 26,500,000 31,500,000
Improved Surface/TFDM Portfolio............................... 17,000,000 17,000,000
On Demand NAS Portfolio....................................... 11,000,000 11,000,000
Environment Portfolio......................................... 1,000,000 1,000,000
Improved Multiple Runway Operations Portfolio................. 8,000,000 8,000,000
NAS Infrastructure Portfolio.................................. 11,000,000 11,000,000
NextGen Support Portfolio..................................... 10,000,000 10,000,000
Performance Based Navigation & Metroplex Portfolio............ 13,000,000 13,000,000
-------------------------------------------------
Total Activity 1.......................................... 151,050,000 156,050,000
----------------------------------------------------------------------------------------------------------------
Activity 2--Air Traffic Control Facilities and Equipment
----------------------------------------------------------------------------------------------------------------
a. En Route Programs:
En Route Automation Modernization (ERAM)--System Enhancements 79,400,000 79,400,000
and Tech Refresh.............................................
En Route Communications Gateway (ECG)......................... 2,650,000 2,650,000
Next Generation Weather Radar (NEXRAD)--Provide............... 6,500,000 6,500,000
Air Route Traffic Control Center (ARTCC) & Combined Control 74,200,000 74,200,000
Facility (CCF) Building Improvements.........................
Air Traffic Management (ATM).................................. 13,700,000 13,700,000
Air/Ground Communications Infrastructure...................... 9,750,000 11,750,000
Air Traffic Control En Route Radar Facilities Improvements.... 5,810,000 5,810,000
Voice Switching and Control System (VSCS)..................... 9,900,000 9,900,000
Oceanic Automation System..................................... 20,000,000 20,000,000
Next Generation Very High Frequency Air/Ground Communications 43,600,000 43,600,000
(NEXCOM).....................................................
System-Wide Information Management............................ 37,400,000 37,400,000
ADS-B NAS Wide Implementation................................. 45,200,000 184,600,000
Windshear Detection Service................................... 5,200,000 5,200,000
Collaborative Air Traffic Management Technologies WP2 & WP3... 9,800,000 14,770,000
Time Based Flow Management Portfolio.......................... 42,600,000 42,600,000
ATC Beacon Interrogator (ATCBI)--Sustainment.................. 1,000,000 1,000,000
NextGen Weather Processors.................................... 7,000,000 7,000,000
Airborne Collision Avoidance System X (ACASX)................. 10,800,000 10,800,000
Data Communications in Support of NG Air Transportation System 234,900,000 234,900,000
-------------------------------------------------
Subtotal En Route Programs................................ 659,410,000 805,780,000
b. Terminal Programs:
Airport Surface Detection Equipment--Model X (ASDE-X)......... 13,500,000 13,500,000
Terminal Doppler Weather Radar (TDWR)--Provide................ 4,900,000 4,900,000
Standard Terminal Automation Replacement System (STARS) (TAMR 81,100,000 81,100,000
Phase 1).....................................................
Terminal Automation Modernization/Replacement Program (TAMR 159,350,000 159,350,000
Phase 3).....................................................
Terminal Automation Program................................... 7,700,000 7,700,000
Terminal Air Traffic Control Facilities--Replace.............. 45,500,000 45,500,000
ATCT/Terminal Radar Approach Control (TRACON) Facilities-- 58,990,000 58,990,000
Improve......................................................
Terminal Voice Switch Replacement (TVSR)...................... 6,000,000 6,000,000
NAS Facilities OSHA and Environmental Standards Compliance.... 39,600,000 39,600,000
Airport Surveillance Radar (ASR-9)............................ 3,800,000 3,800,000
Terminal Digital Radar (ASR-11) Technology Refresh and Mobile 9,900,000 9,900,000
Airport Surveillance Radar (MASR)............................
Runway Status Lights.......................................... 24,170,000 24,170,000
National Airspace System Voice System (NVS)................... 53,550,000 53,550,000
Integrated Display System (IDS)............................... 23,300,000 23,300,000
Remote Monitoring and Logging System (RMLS)................... 4,700,000 4,700,000
Mode S Service Life Extension Program (SLEP).................. 16,300,000 16,300,000
Surveillance Interface Modernization.......................... 23,000,000 23,000,000
National Air Space (NAS) Voice Recorder Program (NVRP)........ 3,000,000 3,000,000
Integrated Terminal Weather System (ITWS)..................... 5,400,000 5,400,000
Flight and Interfacility ATC Data Interface Modernization 9,000,000 9,000,000
(FIADIM).....................................................
-------------------------------------------------
Subtotal Terminal Programs................................ 592,760,000 592,760,000
c. Flight Service Programs:
Aviation Surface Observation System (ASOS).................... 8,000,000 8,000,000
Future Flight Services Program................................ 3,000,000 3,000,000
Alaska Flight Service Facility Modernization (AFSFM).......... 2,650,000 2,650,000
Weather Camera Program........................................ 1,000,000 1,000,000
-------------------------------------------------
Subtotal Flight Service Programs.......................... 14,650,000 14,650,000
d. Landing and Navigational Aids Program:
VHF Omnidirectional Radio Range (VOR) with Distance Measuring 4,500,000 4,500,000
Equipment (DME)..............................................
Instrument Landing System (ILS)--Establish.................... 7,000,000 7,000,000
Wide Area Augmentation System (WAAS) for GPS.................. 80,600,000 107,200,000
Runway Visual Range (RVR) and Enhanced Low Visibility 6,000,000 6,000,000
Operations (ELVO)............................................
Approach Lighting System Improvement Program (ALSIP).......... 3,000,000 3,000,000
Distance Measuring Equipment (DME)............................ 3,000,000 3,000,000
Visual NAVAIDS--Establish/Expand.............................. 2,000,000 2,000,000
Instrument Flight Procedures Automation (IFPA)................ 3,371,000 3,371,000
Navigation and Landing Aids--Service Life Extension Program 3,000,000 3,000,000
(SLEP).......................................................
VASI Replacement--Replace with Precision Approach Path 5,000,000 5,000,000
Indicator....................................................
GPS Civil Requirements........................................ 27,000,000 15,000,000
Runway Safety Areas--Navigational Mitigation.................. 30,000,000 30,000,000
-------------------------------------------------
Subtotal Landing and Navigational Aids Programs........... 174,471,000 189,071,000
e. Other ATC Facilities Programs:
Fuel Storage Tank Replacement and Management.................. 18,700,000 18,700,000
[[Page H10442]]
Unstaffed Infrastructure Sustainment.......................... 39,640,000 39,640,000
Aircraft Related Equipment Program............................ 9,000,000 9,000,000
Airport Cable Loop Systems--Sustained Support................. 12,000,000 12,000,000
Alaskan Satellite Telecommunications Infrastructure (ASTI).... 12,500,000 12,500,000
Facilities Decommissioning.................................... 6,000,000 6,000,000
Electrical Power Systems--Sustain/Support..................... 124,970,000 125,000,000
FAA Employee Housing and Life Safety Shelter System Service... 2,500,000 2,500,000
Energy Management and Compliance (EMC)........................ 2,000,000 2,000,000
Child Care Center Sustainment................................. 1,600,000 1,600,000
FAA Telecommunications Infrastructure......................... 1,000,000 1,000,000
-------------------------------------------------
Subtotal Other ATC Facilities Programs.................... 229,910,000 229,940,000
-------------------------------------------------
Total Activity 2...................................... 1,671,201,000 1,832,201,000
----------------------------------------------------------------------------------------------------------------
Activity 3--Non-Air Traffic Control Facilities and Equipment
----------------------------------------------------------------------------------------------------------------
a. Support Equipment:
Hazardous Materials Management................................ 26,400,000 26,400,000
Aviation Safety Analysis System (ASAS)........................ 20,200,000 20,200,000
Logistics Support Systems and Facilities (LSSF)............... 4,000,000 4,000,000
National Air Space (NAS) Recovery Communications (RCOM)....... 12,000,000 12,000,000
Facility Security Risk Management............................. 15,000,000 15,000,000
Information Security.......................................... 12,000,000 12,000,000
System Approach for Safety Oversight (SASO)................... 18,900,000 18,900,000
Aviation Safety Knowledge Management Environment (ASKME)...... 7,500,000 7,500,000
Aerospace Medical Equipment Needs (AMEN)...................... 2,500,000 2,500,000
System Safety Management Portfolio............................ 17,000,000 17,000,000
National Test Equipment Program............................... 4,000,000 4,000,000
Mobile Assets Management Program.............................. 4,800,000 4,800,000
Aerospace Medicine Safety Information Systems (AMSIS)......... 3,000,000 3,000,000
Tower Simulation System (TSS) Technology Refresh.............. 7,000,000 7,000,000
-------------------------------------------------
Subtotal Support Equipment................................ 154,300,000 154,300,000
b. Training, Equipment and Facilities:
Aeronautical Center Infrastructure Modernization.............. 15,200,000 15,200,000
Distance Learning............................................. 1,500,000 1,500,000
-------------------------------------------------
Subtotal Training, Equipment and Facilities............... 16,700,000 16,700,000
-------------------------------------------------
Total Activity 3...................................... 171,000,000 171,000,000
-------------------------------------------------
Activity 4--Facilities and Equipment Mission Support
----------------------------------------------------------------------------------------------------------------
a. System Support and Services:
System Engineering and Development Support.................... 35,000,000 35,000,000
Program Support Leases........................................ 46,700,000 46,700,000
Logistics and Acquisition Support Services.................... 11,000,000 11,000,000
Mike Monroney Aeronautical Center Leases...................... 18,800,000 18,800,000
Transition Engineering Support................................ 19,200,000 19,200,000
Technical Support Services Contract (TSSC).................... 23,000,000 23,000,000
Resource Tracking Program (RTP)............................... 4,000,000 4,000,000
Center for Advanced Aviation System Development (CAASD)....... 60,000,000 60,000,000
Aeronautical Information Management Program................... 5,000,000 5,000,000
Cross Agency NextGen Management............................... 3,000,000 3,000,000
-------------------------------------------------
Total Activity 4.......................................... 225,700,000 225,700,000
----------------------------------------------------------------------------------------------------------------
Activity 5--Personnel and Related Expenses
----------------------------------------------------------------------------------------------------------------
Personnel and Related Expenses................................ 470,049,000 470,049,000
----------------------------------------------------------------------------------------------------------------
Activity 6--Sustain ADS-B services and Wide Area Augmentation Services (WAAS) GEOs
----------------------------------------------------------------------------------------------------------------
ADS-B services and WAAS GEOs.................................. 166,000,000 *
-------------------------------------------------
Total..................................................... 2,855,000,000 2,855,000,000
----------------------------------------------------------------------------------------------------------------
* Funding is provided directly to ADS-B and WAAS GEO program lines.
Engineering, development, test and evaluation (activity
1).--The agreement reiterates expectations to better
understand how funding in the engineering, development, test
and evaluation activity has advanced specific NextGen
programs for enhancing capacity and reducing flight delays.
The Inspector General is directed to examine how these
investments are managed and what specific outcomes have been
achieved to improve the Nation's air transportation system.
NextGen-separation management portfolio.--The agreement
supports the continued advancement of space-based automatic
dependent surveillance-broadcast (ADS-B) technology as a
means to enhance safety and increase capacity, and provides
$15,000,000 for this purpose within the NextGen-separation
management portfolio program. FAA is directed to provide an
update to the House and Senate Committees on Appropriations
within 60 days of enactment on its efforts to advance the
space-based ADS-B program, including information on the
status of a final investment decision for the program.
RESEARCH, ENGINEERING AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $166,000,000 for the FAA's research,
engineering, and development activities.
The agreement provides the following levels for specific
programs:
----------------------------------------------------------------------------------------------------------------
Program Request Agreement
----------------------------------------------------------------------------------------------------------------
Fire Research & Safety........................................ 6,643,000 6,000,000
Propulsion & Fuel Systems..................................... 3,034,000 2,034,000
Advanced Materials/Structural Safety.......................... 3,625,000 7,409,000
Aircraft Icing/Digital System Safety.......................... 6,920,000 5,500,000
Continued Air Worthiness...................................... 8,987,000 8,987,000
Aircraft Catastrophic Failure Prevention Research............. 1,433,000 1,433,000
Flightdeck/Maintenance/System Integration Human Factors....... 9,947,000 5,000,000
Safety System Management...................................... 6,063,000 6,063,000
Air Traffic Control/Technical Operations Human Factors........ 5,995,000 5,410,000
Aeromedical Research.......................................... 10,255,000 8,467,000
Weather Research.............................................. 18,253,000 15,031,000
Unmanned Aircraft Systems Research............................ 9,635,000 17,635,000
NextGen--Alternative Fuels for General Aviation............... 5,833,000 7,000,000
-------------------------------------------------
Total Safety.............................................. 96,623,000 95,969,000
NextGen--Wake Turbulence...................................... 8,680,000 8,541,000
NextGen--Air Ground Integration............................... 8,875,000 8,000,000
NextGen--Weather Technology in the Cockpit.................... 4,116,000 4,048,000
Commercial Space (in FY 15 buried in NextGen Air Ground 3,000,000 2,000,000
Integration per FY 14 congressional language)................
-------------------------------------------------
Total Economic Competiveness.............................. 24,671,000 22,589,000
Environment & Energy.......................................... 15,061,000 16,074,000
NextGen Environmental Research--Aircraft Technologies, Fuels 23,823,000 25,823,000
and Metrics..................................................
-------------------------------------------------
Environmental Sustainability.............................. 38,884,000 41,897,000
[[Page H10443]]
System Planning and Resource Management....................... 2,377,000 2,100,000
WJHTC Lab Facilities.......................................... 3,445,000 3,445,000
-------------------------------------------------
Mission Support........................................... 5,822,000 5,545,000
-------------------------------------------------
Total................................................. 166,000,000 166,000,000
----------------------------------------------------------------------------------------------------------------
Unmanned aerial systems (UAS).--The agreement includes
$17,635,000 for unmanned aircraft systems research, an
increase of $8,000,000 above the budget request. Within this
increase, $3,000,000 is provided to help meet FAA's UAS
research goals of system safety and data gathering, aircraft
certification, command and control link challenges, control
station layouts and certification, sense and avoid, and
environmental impacts; and $5,000,000 is provided for the
center of excellence on unmanned aerial systems, for a total
of $5,500,000 for the center. It is expected that UAS flight
operations conducted as part of center of excellence research
be performed at one or more of the six UAS test sites
selected for UAS research and airspace integration.
Environmental sustainability.--The agreement includes
$41,897,000 for research related to environmental
sustainability, an increase of $3,013,000 above the budget
request. 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 $10,513,000 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
$3,600,000,000. Within the obligation limitation, the
agreement provides not more than $107,100,000 for
administrative expenses, no less than $15,000,000 for the
airport cooperative research program, and no less than
$31,000,000 for airport technology research.
Small community air service development program.--The
agreement includes $5,000,000 under the obligation limitation
to continue the small community air service development
program (SCASDP) and directs the FAA to transfer these funds
to the Office of the Secretary salaries and expenses
appropriation. The agreement includes a provision that allows
the participation of an airport that serves a community or
consortium that is not larger than a small hub airport
according to FAA hub classifications at the time the
Secretary issues a request for proposals.
Cost share.--The agreement includes a provision that allows
small airports to continue contributing five percent of the
total cost for unfinished phased projects that were underway
prior to the passage of the FAA Modernization and Reform Act
of 2012.
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 funds for adopting guidelines or
regulations requiring airport sponsors to provide 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 in the Act from being used to
buy store gift cards with Government issued credit cards.
Section 116 allows all airports experiencing the required
level of boardings through charter and scheduled air service
to be eligible for funds under 49 U.S.C. 47114(c).
Section 117 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 118 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 119 prohibits funds for salaries and expenses of
more than nine political and Presidential appointees in the
FAA.
Section 119A 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 119B requires 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 119C prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
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
$425,752,000. In addition, the agreement provides $3,248,000
above this limitation for the administrative expenses of the
Appalachian Regional Commission in accordance with 23 U.S.C.
104.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement limits obligations for the federal-aid
highways program to $42,361,000,000 in fiscal year 2016.
Alternate design/alternate bid procurement.--The agreement
acknowledges that FHWA has satisfied the directive in Senate
Report 114-75 related to alternate design/alternate bid
procurement methods and does not direct additional action.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation of
$43,100,000,000, which is available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this Act and prior appropriations
acts.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the federal-aid highways program
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 modifies title 23, United States Code, to
remove the sunset date on two federal truck weight exemptions
and to add an additional exemption to federal truck weight
limitations for the State of Idaho.
Section 125 authorizes states to repurpose certain
previously authorized funding amounts to new projects that
are eligible under the surface transportation program and
located within a similar geographic area.
Section 126 modifies title 23 to increase the highway
safety improvement program set-aside for highway-railroad
grade crossings to $350,000,000.
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 $267,400,000
for the Federal Motor Carrier Safety Administration (FMCSA).
Of this limitation, $9,000,000 is for research and technology
programs and will remain available for obligation until
September 30, 2018, $34,545,000 is for information management
and shall be available until September 30, 2018, and
$1,000,000 is for commercial motor vehicle operator's grants.
Under the agreement, the Department of Transportation
Office of Inspector General is directed to conduct an audit
within five years addressing issues related to the
effectiveness and efficiency of FMCSA's execution and
compliance with the cross-border long-haul trucking program.
Natural gas vehicle regulations.--The agreement does not
include an expectation that DOT clarify and address the
ability of bus manufacturers to continue to deploy buses that
have roof-top mounted compressed natural gas cylinders. The
agreement does not require the Secretary to issue further
guidance on rules that restrict access to bridges and tunnels
in the case of alternative fueled vehicles.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation and
a limitation on obligations of $313,000,000 for motor carrier
safety grants. The agreement allocates the total grant
funding as follows:
Program Funding
Motor carrier safety assistance program....................$218,000,000
[[Page H10444]]
Commercial driver's license program improvement grants.......30,000,000
Border enforcement grants program............................32,000,000
Performance and registration information system management gra5,000,000
Commercial vehicle information systems and networks deploymen25,000,000
Safety data improvement grants................................3,000,000
Of the $218,000,000 provided for the motor carrier safety
assistance program, the agreement provides $32,000,000 for
audits of new entrant motor carriers.
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, and repeals Section 350(d)
of Public Law 107-87.
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 funding provided under the Act from
being used to enforce any regulation prohibiting a state from
issuing a commercial learner's permit to individuals under
the age of eighteen if state law authorized such issuance as
of May 9, 2011.
Section 133 suspends a portion of the hours of service
regulation unless the Secretary and the Inspector General
find that the final report meets all statutory requirements
and establishes improved outcomes.
Section 134 prohibits funds from being used to deny an
application to renew a hazardous materials safety permit
unless a carrier has the opportunity to present their own
corrective actions and the Secretary determines such actions
are insufficient.
Section 135 prohibits funds from being used for a wireless
roadside inspection program until 180 days after the
Secretary makes specific certifications to the House and
Senate Committees on Appropriations.
Section 136 clarifies that certain commercial regulations
unrelated to safety are not applicable to small passenger
carriers that serve youth or family camps.
Section 137 provides a limited agricultural exemption for
trucks during harvest months in Kansas.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $152,800,000 from the general fund
for operations and research. Of this amount, $20,000,000
shall remain available until September 30, 2017.
The agreement includes up to 35 FTE for no more than 70 new
positions in the Office of Defects Investigation.
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 $142,900,000, to remain available
until expended, which reflects the authorized level of
contract authority. Of the total, $137,800,000 is provided
for the programs authorized under 23 U.S.C. 403, and
$5,100,000 is for the National Driver Register. Of the total
amount provided under this heading, $20,000,000 shall remain
available until September 30, 2017 and shall be in addition
to any limitation imposed on obligations in future fiscal
years.
The agreement includes $6,500,000 for a high visibility
enforcement paid-media campaign in the area of highway-rail
grade crossing safety and $11,700,000 for highway safety
research.
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 $573,332,000 for highway traffic
safety grants, to remain available until expended. The
agreement does not repurpose any funding under this heading
for operations and research activities. The agreement
allocates funding as follows:
Highway safety programs (section 402)......................$243,500,000
National priority safety programs (section 405).............274,700,000
Administrative expenses......................................25,832,000
High visibility enforcement program (section 404)............29,300,000
________________
Total:.................................................$573,332,000
The agreement includes $5,494,000 for in-vehicle alcohol
detection device research.
The agreement continues a provision which prohibits certain
construction and furnishing activities and which limits
technical assistance to States to $500,000 of the funds made
available for impaired driving countermeasures under 23
U.S.C. 405(d). The agreement allows for the transfer of funds
within the grant programs consistent with 23 U.S.C.
405(a)(1)(G) and requires NHTSA to notify the House and
Senate Appropriations Committees of the exercise of this
authority within five days.
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 funds in the Act for the National
Roadside Survey.
Section 143 prohibits funds from being used to mandate
global positioning systems in private vehicles without
consideration of privacy concerns.
Federal Railroad Administration
SAFETY AND OPERATIONS
The agreement provides $199,000,000 for safety and
operations of the Federal Railroad Administration (FRA). Of
the funds provided, $15,900,000 is available until expended.
The agreement supports the annualization of fiscal year 2015
safety personnel, provides $1,000,000 for up to 16 grade
crossing managers and up to four trespass prevention
managers, funds safety staff for the safe transport of energy
products (STEP), and passenger rail inspectors. In addition,
the agreement includes funds to conduct a study to identify
techniques, strategies and policies that would facilitate the
development of international rail projects, including cross
border travel, as referenced in House Report 114-129. FRA is
directed to provide its findings to the House and Senate
Committees on Appropriations within 18 months from enactment.
RAILROAD RESEARCH AND DEVELOPMENT
The agreement provides $39,100,000 for railroad research
and development.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The agreement authorizes the Secretary to issue notes or
other obligations pursuant to section 501 through 504 of P.L.
94-210. The agreement prohibits new direct loans or loan
guarantee commitments using Federal funds for the credit risk
premium during fiscal year 2016.
RAILROAD SAFETY GRANTS
The agreement provides $50,000,000 for railroad safety
grants, of which not to exceed $25,000,000 is for railroad
safety infrastructure improvements and not to exceed
$25,000,000 is for railroad safety technology grants. The
agreement also requires the Secretary to give priority
consideration for safety technology grants to projects that
efficiently provide the greatest level of public safety while
supporting entities that demonstrate financial need.
The National Railroad Passenger Corporation (Amtrak)
The agreement provides a total of appropriation of
$1,390,000,000 for Amtrak in the traditional account
structure: operating grants and capital and debt service
grants. This is the structure authorized prior to enactment
of the Passenger Rail Reform and Investment Act (PRRIA) of
2015. PRRIA 2015 restructures Amtrak into two new accounts:
Northeast Corridor grants and the national network. The
agreement directs Amtrak and FRA to submit a detailed
congressional budget justification consistent with the new
structure to the House and Senate Committees on
Appropriations for fiscal year 2017.
The agreement directs Amtrak to provide a report on the
status of state contracts and payments related to section 209
of the Passenger Rail Improvement and Investment Act of 2008
no later than March 1, 2016.
OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The agreement provides $288,500,000 in quarterly operating
grants to Amtrak, based on the Secretary's assessment of
Amtrak's seasonal cash flow requirements, and provides that
funds remain available until expended. Before approving
funding to cover operating losses, the agreement requires the
Secretary to review a grant request for each specific train
route. The agreement prohibits Amtrak from discounting
tickets at more than 50 percent off the normal peak fare,
unless the operating loss due to the discounted fare is
covered by a state and the state participates in the setting
of the fares.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The agreement provides $1,101,500,000 for capital and debt
service grants to Amtrak, to remain available until expended.
Within the funds provided, the agreement includes up to
$160,200,000 for Amtrak's debt service payments, and not less
than $50,000,000 for investments to comply with the Americans
with Disabilities Act. In addition, the agreement provides
for an initial distribution of $200,000,000 for a working
capital account, allows the Secretary to use up to
$50,000,000 for operating subsidy grants to Amtrak should its
operating losses in fiscal year 2016 exceed amounts provided
under the previous heading, and conditions the Secretary's
approval of grants for capital expenditures upon the receipt
and review of a grant request for each specific capital
project justifying the Federal support to the Secretary's
satisfaction.
The agreement allows the Secretary to retain up to one-half
of one percent of the funds provided to Amtrak for oversight
of both operating activities and capital expenditures. The
agreement also allows the Secretary to retain up to
$3,000,000, in addition
[[Page H10445]]
to available carryover balances, to fund the costs associated
with implementing section 212 of division B of Public Law
110-432, the Passenger Rail Investment and Improvement Act
(PRIIA). It also allows up to $500,000 to be available for
technical assistance to states, the District of Columbia, and
public entities responsible for implementing section 209 of
PRIIA.
The agreement directs Amtrak to conduct a business case
analysis on capital investments that exceed $10,000,000 in
life-cycle costs and directs that these capital acquisition
contracts state that funding is subject to the availability
of appropriated funds.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION (INCLUDING
RESCISSIONS)
Section 150 allows the safety and operations account to
receive and use cash or spare parts to repair and replace
damaged track inspection cars.
Section 151 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
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 to the House and Senate Committees
on Appropriations by March 1, 2016, that summarizes Amtrak's
total overtime expenses incurred by the corporation in 2015
and the two prior years, and the number of employees
receiving overtime cap waivers and total overtime payments
resulting from waivers by month of the 2015 calendar year and
the three prior calendar years.
Section 152 rescinds $1,960,000 in railroad research and
development funds and makes these funds available to the
Secretary to assist Class II and Class III Railroads for
applicant expenses in preparing to apply and applying for
direct loans, and loan guarantees for projects eligible under
sections 501 through 504 of P.L. 94-210.
Section 153 rescinds $19,163,385 in unobligated funds and
makes these funds available to the Secretary for grants to
Amtrak for shared use infrastructure on the Northeast
Corridor identified in the Northeast Corridor Operations
Advisory Commission's 5-year capital plan. Grants shall not
exceed 50 percent of the total project cost, and matching
funds shall be consistent with the Commission's cost
allocation policy.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The agreement provides $108,000,000 for the administrative
expenses of the Federal Transit Administration (FTA), of
which not more than $6,500,000 is for the safety office and
$1,000,000 is for asset management activities. Staffing
levels are to be determined by funding levels under this
heading. FTA is directed to follow the process for informing
the House and Senate Committees on Appropriations on full
funding grant agreement notifications consistent with prior
years with the exception of alternative analysis evaluations,
and include appropriation information through fiscal year
2020.
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 $9,347,604,639 as
authorized by the Fixing America's Surface Transportation
(FAST) Act. Funds are to be distributed as authorized.
Further, the agreement provides $10,400,000,000 for the
liquidation of contract authority.
CAPITAL INVESTMENT GRANTS
The bill appropriates $2,177,000,000 for new fixed-guideway
projects. Of the funds provided, $1,250,000,000 is for
projects with signed full funding grant agreements (FFGAs),
$50,000,000 is available for core capacity projects,
$22,000,000 is available for oversight activities,
$353,000,000 is available for the proposed small starts
projects, and $5,000,000 is for a new expedited project
delivery pilot authorized in the FAST Act.
The agreement provides a total of $497,000,000 for projects
anticipated to enter into a signed full funding grant
agreement in 2016. Of the project slate that was originally
proposed in the fiscal year 2016 budget request, one project
was formally withdrawn from consideration by the sponsor. Of
the amount set aside for new full funding grant agreements,
the agreement provides a total of $200,000,000 for the two
proposed projects in California, $100,000,000 for the on-
going project in Maryland, $92,000,000 for the project in
Colorado, and $100,000,000 for the project in Texas. The
remaining funds are available to continue support for the
Minnesota project as FTA and the sponsor complete the review
and evaluation processes.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The agreement provides $150,000,000 to carry out section
601 of division B of Public Law 110-432 to remain available
until expended. FTA and the Washington Metropolitan Area
Transit Authority are directed to update the House and Senate
Committees on Appropriations quarterly on the progress made
to address audit and NTSB issues.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSION)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this Act for fixed
guideway capital investment projects that remain unobligated
by September 30, 2020 be available for projects eligible to
use the funds for the purposes for which they were originally
provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2015 from older accounts to be merged
into new accounts with similar current activities.
Section 163 limits FTA to signing full funding grant
agreements with a new starts share of 60 percent or less.
Section 164 prohibits funds in this Act from being used to
advance a specific transit line in Harris County, Texas
without benefit of a local election.
Section 165 rescinds $25,397,797 in prior year bus and bus
facility funds.
Section 166 exempts an area in Washington State from
enforcement of the charter bus rule.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The agreement provides $28,400,000 for the operations,
maintenance and capital asset renewal program of the Saint
Lawrence Seaway Development Corporation (SLSDC). The 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, 2016. The SLSDC is allowed to utilize
prior year unobligated funds to initiate the hands-free
mooring system installation at the Snell Lock.
Maritime Administration
MARITIME SECURITY PROGRAM
The agreement provides the full authorized level of
$210,000,000 for the Maritime Security Program.
OPERATIONS AND TRAINING
The agreement provides a total of $171,155,000 for the
Maritime Administration's (MARAD) operations and training
account.
For the U.S. Merchant Marine Academy (USMMA), the bill
provides a total of $82,500,000. Of the funds provided,
$64,500,000 is for Academy operations and $18,000,000 is for
capital asset management activities, of which $15,000,000 is
for the renovation of Gibbs Hall and $3,000,000 is for
maintenance, repairs and equipment. The USMMA may use prior
year unobligated funds for other capital asset improvements.
The agreement provides a total of $33,600,000 for the state
maritime academies, of which $3,000,000 is for direct
payments, $2,400,000 is for student incentive payments,
$22,000,000 is for schoolship maintenance and repair,
$5,000,000 is for the design of a new common schoolship, and
$1,200,000 is for fuel assistance.
Finally, the agreement provides a total of $55,055,000 for
MARAD headquarters, regional offices, and maritime program
expenses. Of the amount, $3,000,000 is for the Maritime
Environmental and Technical Assistance Program and $5,000,000
is for the short sea shipping program.
ASSISTANCE TO SMALL SHIPYARDS
The agreement provides $5,000,000 for grants to small
shipyards.
SHIP DISPOSAL
The agreement provides $5,000,000 for the disposal of
obsolete vessels of the National Defense Reserve Fleet.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides a total of $8,135,000 for the Title
XI program, of which $5,000,000 is for the cost of
guaranteeing new loans and $3,135,000 is to be transferred to
MARAD's operations and training account for administrative
expenses. The Administrator is directed to process the
pending applications expeditiously.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of MARAD, and allow payments received to be
credited to the Treasury and 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 pay for the vessel.
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
The agreement provides $21,000,000 for the necessary
operational expenses of the Pipeline and Hazardous Materials
Safety Administration (PHMSA).
Small scale liquefaction facilities.--The Secretary is
directed to evaluate and report to the House and Senate
Committees on Appropriations within 60 days of enactment of
this Act on the feasibility of an alternative risk-based
compliance regime for the siting of small-scale liquefaction
facilities that generate and package liquefied natural gas
for use as a fuel or delivery to consumers by non-pipeline
modes of transportation. In
[[Page H10446]]
evaluating such alternative risk-based compliance regime, the
Secretary should consider the value of adopting quantitative
risk assessment methods, the benefit of incorporating modern
industry standards and best practices, including the
provisions in the 2013 edition of the National Fire
Protection Association Standard 59A, and the need to
encourage the use of the best available technology.
HAZARDOUS MATERIALS SAFETY
The agreement provides $55,619,000 for the agency's
hazardous materials safety functions. Of this amount,
$7,570,000 shall be available until September 30, 2018, 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, 2018 are for long-term
research and development contracts.
The agreement provides increases necessary to support
annualization of additional FTE added in fiscal year 2015 as
well as increases for research contracts associated with the
safe transport of energy products. No funding is provided for
increases requested to support phase two of the risk
management framework.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The agreement provides $146,623,000 for pipeline safety. Of
that amount, $22,123,000 is derived from the oil spill
liability trust fund, to remain available until September 30,
2018, and $124,500,000 is derived from the pipeline safety
fund, of which $59,835,000 is available until September 30,
2018. The agreement provides not less than $1,058,000 for the
one-call state grant program. The agreement includes a
provision which provides that not less than $1,000,000 shall
be for finalization and implementation of certain regulatory
activities required by law.
The agreement includes $12,000,000 for research and
development, of which up to $2,000,000 is for the pipeline
safety research competitive academic agreement program. The
agreement also includes $44,894,000 for state pipeline safety
grants, and $1,500,000 for state damage prevention grants.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
The agreement provides $188,000, derived from the emergency
preparedness fund and available until September 30, 2017, and
an obligation limitation of $28,318,000 for emergency
preparedness grants. The agreement provides PHMSA the
authority to use prior year carryover and recaptures to
develop a hazardous materials response training curriculum
for emergency responders, and to carry out activities
authorized by 46 U.S.C. 5116(a)(1)(C) and 5116(i). Further,
the amount of funding provided under this account that is
available for administrative costs is increased from 2
percent to 4 percent.
Office of Inspector General
SALARIES AND EXPENSES
The agreement provides $87,472,000 for the salaries and
expenses for the Office of Inspector General.
Surface Transportation Board
SALARIES AND EXPENSES
The agreement provides $32,375,000 for salaries and
expenses of the Surface Transportation Board. The agreement
permits the collection of up to $1,250,000 in user fees to be
credited to this appropriation. The agreement 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 $31,125,000.
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 more than 110 political and
Presidential appointees in DOT and restricts the detailing of
these personnel outside of DOT.
Section 183 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
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 for grants of
$750,000 or more from FHWA, FAA, FRA, FTA, MARAD or
``National Infrastructure Investments'', unless DOT gives a
3-day advance notice to Congress. 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.
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 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 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or
practice complaints filed with the Board at the amount
authorized for district court civil suit filing fees.
Section 190 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 191 allows the use of the Working Capital Fund to
carry out the Federal Transit Pass program.
Section 192 prohibits the use of funds to implement any
geographic, economic, or other hiring preference not
otherwise authorized by law, unless certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
HUD shall deliver all outstanding and past due reports
within 30 days of enactment of this Act. If the Department
anticipates missing a reporting deadline, HUD shall notify
the House and Senate Committees on Appropriations at least 15
days prior to the deadline and shall include with that
notification an estimated completion date. In the event HUD
unexpectedly misses a reporting deadline or misses a revised
completion date on a report that is already past due, the
Department shall deliver to the House and Senate Committees
on Appropriations a revised estimate of when the report will
be delivered.
EXECUTIVE OFFICES
The agreement includes $13,800,000 for the salaries and
expenses for Executive Offices which shall be comprised of
seven offices including Offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships. The agreement includes a
provision limiting official reception and representation
expenses to no more than $25,000.
Telework and Alternative Work Schedules.--The Committee
directs HUD to report to the House and Senate Committees on
Appropriations within 120 days of enactment of this Act on
measures the Department can take to enable Department
managers to effectively manage their telework and alternative
work staff so that no critical duties go unmet. This report
should also include an identification of any barriers,
including statutory or regulatory barriers, to improved
performance and customer service under telework and
alternative work schedules.
ADMINISTRATIVE SUPPORT OFFICES
The agreement provides $559,100,000 for Administrative
Support Offices. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer.......... $79,000,000
Office of the General Counsel.................. 94,500,000
Office of Administration....................... 207,600,000
Office of the Chief Human Capital Officer...... 56,300,000
Office of Field Policy and Management.......... 51,500,000
Office of the Chief Procurement Officer........ 17,200,000
Office of Departmental Equal Employment 3,300,000
Opportunity...................................
Office of Strategic Planning and Management.... 4,500,000
Office of the Chief Information Officer........ 45,200,000
------------------------
Total...................................... $559,100,000
------------------------------------------------------------------------
The agreement includes full funding for the promise zone
initiative as well as funding for the administration of the
housing trust fund program. The agreement does not include
funding for expansion of the Department's grants
modernization initiative.
New core and shared services.--The Department is not
expected to implement new core at the direction of the Office
of the Chief Information Officer and the agreement does not
transfer personnel and non-personnel resources related to new
core to the Office of the Chief Information Officer. However,
the Chief Financial Officer and Chief Information Officer are
expected to collaborate on the successful implementation of
new core. The Department is directed to provide the House and
Senate Committees on Appropriations with an update on new
core at the end of each quarter of fiscal year 2016 that
includes a detailed description of the functionalities
deployed and the associated number of requirements remaining
to be implemented, a list of risks and issues with associated
mitigation strategies and anticipated closure dates,
estimated and actual lifecycle costs, current and projected
shared service agreement transaction volume and cost data,
cost reductions achieved through the new operating model, the
status of organization change management activities, a list
of the activities planned and completed business process re-
engineering efforts, related staff reorganizations and
reallocations, and the total number of HUD employees impacted
by role, location, and organization.
Program Office Salaries and Expenses
PUBLIC AND INDIAN HOUSING
The agreement provides $205,500,000 for the salaries and
expenses for the Office of Public and Indian Housing.
Housing quality standards.--The agreement directs HUD to
implement a single inspection protocol for public housing and
voucher units in fiscal year 2016.
[[Page H10447]]
COMMUNITY PLANNING AND DEVELOPMENT
The agreement provides $104,800,000 for the salaries and
expenses for the Office of Community Planning and
Development.
While the agreement does not exclude funding for the Office
of Economic Resilience, no funding is provided for the hiring
of new positions or the backfilling of any vacant positions
in that office. The agreement only funds activities within
that office that are consistent with those conducted in
fiscal year 2015.
HOUSING
The agreement provides $375,000,000 for the salaries and
expenses for the Office of Housing.
POLICY DEVELOPMENT AND RESEARCH
The agreement provides $23,100,000 for the salaries and
expenses for the Office of Policy Development and Research.
FAIR HOUSING AND EQUAL OPPORTUNITY
The agreement provides $72,000,000 for the salaries and
expenses for the Office of Fair Housing and Equal
Opportunity.
Additional resources provided above the fiscal year 2015
funding level shall be prioritized toward technical
assistance to grantees for compliance and implementation
efforts associated with the new affirmatively furthering fair
housing rule.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
The agreement provides $7,000,000 for the salaries and
expenses for the Office of Lead Hazard Control and Healthy
Homes.
Working Capital Fund
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a new account entitled ``Working
Capital Fund'' and 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 centralized
activities. The Department is required to centralize and fund
from this account any shared service agreements executed
between HUD and another federal agency. In addition, HUD is
provided with the legal authority to centralize and fund from
this account printing, records management, space renovation,
furniture, and supply services at the discretion of the
Secretary. However, the Committee expects that, prior to
exercising discretion to centrally fund an activity, the
Secretary shall have established transparent and reliable
unit cost accounting for the offices and agencies of the
Department that use the activity and shall have adequately
trained staff within each affected office and agency on
resource planning and accounting processes associated with
the centralization of funds to this account. Further, prior
to centralizing either furniture or space renovation, the
Committee directs the Department to deliver a comprehensive,
multi-year real property improvement plan which details all
planned space realignments, capital improvements, maintenance
requirements, and other costs associated with carrying out
HUD's most recent strategic plan including any elements of
the General Service Administration (GSA) study on the Weaver
Building that HUD plans to include as part of its
Reimbursable Work Agreement with GSA, and including any space
realignments planned in conjunction with the Administration's
``Freeze the Footprint'' initiative. Prior to exercising its
authority to transfer funds for activities beyond what is
required for shared service agreements, the Committee expects
HUD to establish a clear execution plan for centralizing the
additional activities and to properly vet that plan with the
House and Senate Committees on Appropriations prior to
transferring such funds into the Working Capital Fund.
HUD shall include in its annual operating plan a detailed
outline of its plans for transferring budgetary resources to
the Working Capital Fund in fiscal year 2016. The agreement
does not include direction from the House report regarding
reductions in HUD staff to offset the cost of outsourcing
transaction work through shared service agreements. The
agreement does not include direction from the House report
for HUD to include a transfer plan in its annual operating
plan or to report on future amendments to such plan.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The agreement provides $19,628,525,000 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............................... $17,681,451,000
Tenant Protection Vouchers..................... 130,000,000
Administrative Fees............................ 1,650,000,000
HUD-VASH Incremental Vouchers.................. 60,000,000
Section 811 Vouchers........................... 107,074,000
------------------------------------------------------------------------
The agreement provides funding for the full voucher renewal
need (100 percent renewal), based on revised estimates from
the Department that reflects more accurate and updated data
since the submission of the budget request.
The agreement includes language allowing the Secretary to
take into account anticipated impact of changes in income
targeting and utility allowances in determining funding
allocations. The agreement includes a provision requiring the
notification of obligations to Public Housing Authorities
(PHAs) 60 days after enactment of this Act or by March 1,
2016.
The agreement includes language that allows the Secretary
to consider PHAs' net restricted assets (NRA) balances when
determining allocations.
The agreement includes $60,000,000 for new vouchers under
the HUD-Veterans Affairs Supportive Housing Program (HUD-
VASH).
The agreement does not include new, incremental Family
Unification Program (FUP) vouchers or related direction on
the new FUP vouchers.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The agreement includes language allowing unobligated
balances in the Housing Certificate Fund to be used for
renewal of or amendments to section 8 project-based contracts
and for performance-based contract administrators.
PUBLIC HOUSING CAPITAL FUND
The agreement provides $1,900,000,000 for the Public
Housing Capital Fund. The agreement provides up to $3,000,000
for Public Housing Financial and Physical Assessment
activities, not to exceed $21,500,000 for emergency capital
needs, of which not less than $5,000,000 is for safety and
security measures, $35,000,000 for supportive services,
service coordinators and congregate services, and up to
$15,000,000 for the Jobs-Plus Pilot initiative.
The agreement prohibits HUD from requiring or enforcing the
physical needs assessment (PNA), but does not prohibit HUD
from continuing to make the PNA available as a useful tool,
and encourages PHAs to utilize this resource to help assess
the physical quality of their public housing stock.
The agreement does not include direction regarding the
establishment of capital reserves.
PUBLIC HOUSING OPERATING FUND
The agreement provides $4,500,000,000 for the Public
Housing Operating Fund.
CHOICE NEIGHBORHOODS INITIATIVE
The agreement provides $125,000,000 for the Choice
Neighborhoods Initiative. The agreement includes language
requiring that at least $75,000,000 be made available to
Public Housing Authorities, and provides up to $5,000,000 to
assist communities in developing strategies for implementing
the program in conjunction with community notice and input.
FAMILY SELF-SUFFICIENCY
The agreement provides $75,000,000 for the Family Self-
Sufficiency (FSS) program to support service coordinators who
serve residents in both the public housing and voucher
programs. Language is included which allows participation by
residents of project-based rental assistance units.
NATIVE AMERICAN HOUSING BLOCK GRANTS
The agreement provides $650,000,000 for Native American
housing block grants, to remain available until September 30,
2020. The agreement provides $3,500,000 for training and
technical assistance, with no less than $2,000,000 for a
national organization as designated under NAHASDA. The
agreement provides $2,000,000 for inspections, contracting
expertise, training, and technical assistance by HUD or its
designee; and $2,000,000 to subsidize a loan level of
$17,452,007 under title VI of NAHASDA.
The agreement includes language to withhold formula
allocation funding from any grantee that has an unexpended
balance greater than three times its formula allocation,
unless the grantee's formula allocation is less than
$8,000,000. HUD is directed to collect data from Indian
Housing Plan submissions on new program activities that are
undertaken due to this language.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The agreement provides $7,500,000, to remain available
until expended, to subsidize a loan level of $1,190,476,190.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The agreement provides $335,000,000 for the housing
opportunities for persons with AIDS program, to remain
available until September 30, 2017, except for amounts
allocated pursuant to 854(c)(3) which are available until
September 30, 2018. The agreement includes a provision that
requires HUD to renew all expiring supportive housing
contract commitments made in fiscal year 2010 and prior years
that meet all program requirements before awarding funds for
any new contract commitments.
COMMUNITY DEVELOPMENT FUND
The agreement provides $3,060,000,000 for the community
development fund, to remain available until September 30,
2018. Of the total, the agreement provides $3,000,000,000 in
formula funding and $60,000,000 for Indian tribes, of which
up to $4,000,000 is available for imminent health and safety
emergencies.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING RESCISSION)
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 of no
more than $300,000,000 in section 108 loan guarantees.
The agreement permanently rescinds unobligated balances of
funds previously appropriated under this heading.
[[Page H10448]]
HOME INVESTMENT PARTNERSHIPS PROGRAM
The agreement provides $950,000,000, to remain available
until September 30, 2019, for the Home Investment
Partnerships (HOME) program. The agreement includes a new
provision that permits certain community land trusts to hold
and exercise purchase options, rights of first refusal, or
other preemptive rights to purchase housing to preserve
affordability.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The agreement provides $55,700,000 for this account, of
which $50,000,000 of the total shall remain available until
September 30, 2018 in the following amounts and for the
following purposes: $10,000,000 for the Self-Help and
Assisted 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 $5,700,000 is
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.
HOMELESS ASSISTANCE GRANTS
The agreement provides $2,250,000,000, to remain available
until September 30, 2018, for homeless assistance grants. Of
the amount provided, not less than $250,000,000 is for the
emergency solutions grants program; not less than
$1,918,000,000 is for continuum of care and rural housing
stability assistance programs; up to $7,000,000 is for the
national homeless data analysis project; up to $33,000,000 is
for projects in up to ten communities to demonstrate how a
comprehensive approach to serving homeless youth can reduce
youth homelessness; and up to $5,000,000 is for technical
assistance on youth homelessness.
The agreement includes three new provisions which clarify
HUD's responsibilities under existing law with respect to the
measurement of system performance for each continuum of care
and the incorporation of performance evaluation into resource
allocation and prioritization.
The agreement includes two new provisions to clarify
application of existing law with respect to the homeless
youth third-party documentation requirement and eligibility
for service within projects funded under this heading. Under
the agreement, the Secretary is directed to ensure that
incentives created through the continuum of care application
process fairly balance priorities for different populations,
including youth, families, veterans, and people experiencing
chronic homelessness.
The agreement does not require the Department to identify
the amount and source of funding HUD will allocate to the
performance partnership pilot program within 45 days of
enactment but the Department is required to report to the
House and Senate Committees on Appropriations within 90 days
of enactment of this Act on how the Department will
strategically align within the program, HUD's role in grantee
criteria and selection processes, and what will be HUD's role
in oversight and accountability for its contributions.
The agreement includes a new provision that allows the
Secretary to renew shelter plus care grants originally funded
with 2008 emergency appropriations under similar terms and
conditions.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The agreement provides $10,220,000,000 for project-based
rental assistance activities, of which not to exceed
$215,000,000 is for performance-based contract
administrators. The agreement also provides an advance
appropriation of $400,000,000 to be made available on October
1, 2016. The agreement allows the Secretary to use project
funds held in residual receipt accounts, unobligated
balances, including recaptures, and carryover for program
activities.
Oversight of property owners.--The agreement modifies the
semi-annual report required by the Senate report to be a
single report to the House and Senate Committees on
Appropriations within 87 days of enactment.
HOUSING FOR THE ELDERLY
The agreement provides $432,700,000 for the section 202
program to be available until September 30, 2019, of which up
to $77,000,000 shall be for service coordinators and existing
congregate service grants. The appropriation plus $20,300,000
in carryover balances and residual receipts fully funds all
renewals and amendments of project based rental assistance
contracts, senior preservation rental assistance contracts,
service coordinators, and existing congregate service grants.
The agreement does not use funding previously provided for an
elderly project rental assistance demonstration program to
offset the appropriation, nor does it provide additional
funding for any elderly project rental assistance
demonstration program.
HOUSING FOR PERSONS WITH DISABILITIES
The agreement provides $150,600,000 for the section 811
program to be available until September 30, 2019. The funding
level, in addition to $1,400,000 in residual receipts,
recaptures and unobligated balances, fully supports all
project based rental assistance contract renewals and
amendments. The agreement does not allow the Secretary to use
these resources for any other purpose than renewals and
amendments, including for any new competitions for project
rental assistance to state housing finance agencies.
HOUSING COUNSELING ASSISTANCE
The agreement provides $47,000,000 for housing counseling
assistance, including up to $4,500,000 for administrative
contract services, to remain available until September 30,
2017. The agreement requires the Secretary to award grants
within 180 days of enactment of this Act, and allows the
Secretary to enter into multiyear grant agreements, subject
to the availability of annual appropriations.
RENTAL HOUSING ASSISTANCE
The agreement provides $30,000,000 for the rental housing
assistance program and allows HUD to use funds, including
unobligated balances and recaptured amounts, for one year
contract extensions.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The agreement provides $10,500,000 for authorized
activities, of which $10,500,000 is to be derived from the
Manufactured Housing Fees Trust Fund.
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 2016, and provides that such commitment authority shall
be available until September 30, 2017. 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, 2016.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement establishes a $30,000,000,000 limitation on
multifamily and specialized loan guarantees during fiscal
year 2016, and provides that such commitment authority shall
be available until September 30, 2017.
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 2016,
which shall be available until September 30, 2017. The
agreement also provides $23,000,000 for salaries and expenses
for the Government National Mortgage Association during
fiscal year 2016. The agreement increases salaries and
expenses by $100 for each $1,000,000 in additional guaranteed
loan commitments, up to a cap of $3,000,000, if guaranteed
loan commitments exceed $155,000,000,000 by April 1, 2016.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The agreement provides $85,000,000 for research and
technology activities, and technical assistance.
The agreement provides $10,000,000 for both on-going and
new research, demonstrations, and evaluations. HUD is
directed to provide at least $2,000,000 for grants to design
housing for the disabled, $400,000 for an evaluation of
energy performance contracts in public housing, $1,000,000
for Jobs-Plus outcomes tracking, $900,000 to assess HUD
technical assistance to program grantees, $2,500,000 for
homeless youth program evaluations conducted in partnership
with the Department of Health and Human Services, and
$2,000,000 for homeless youth research activities authorized
under section 345 of the Runaway Homeless Youth Act.
The agreement provides a total of $25,000,000 under this
heading for technical assistance, of which at least
$5,000,000 is for training public housing agencies on finance
and governance.
Further, as requested, $41,500,000 is provided for various
housing market surveys and $8,500,000 is for other research
support, studies and partnerships.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The agreement provides $65,300,000 for fair housing
activities, of which $39,200,000 is for the Fair Housing
Initiatives Program (FHIP), $24,300,000 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 $110,000,000 for lead hazard control
and healthy homes programs. Of the total, $20,000,000 is
provided for healthy homes program activities, and
$45,000,000 is to be made available on a competitive basis
for areas with the highest lead abatement needs.
Information Technology Fund
The agreement provides $250,000,000 for the Information
Technology Fund available until September 30, 2017. The
Department is directed to initiate retirement plans for its
obsolete and inefficient information technology systems.
Within 180 days of enactment of this Act, HUD shall submit
comprehensive strategic plans for: retiring the HUDCAPS
system, developing a grants modernization system, and
completing the development and implementation of the NGMS
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system. Further, HUD may not implement any new modules or
releases of the new core project in fiscal year 2016. The
House and Senate Committees on Appropriations direct GAO to
continue to evaluate the Department's efforts and plans to
update its IT infrastructure.
Office of Inspector General
The agreement provides $126,000,000 for the necessary
expenses of the Office of Inspector General.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 corrects anomalies in the HOPWA formula
affecting New York, New Jersey, and North Carolina.
Section 204 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 205 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 206 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 207 relates to the expenditure of funds for
corporations and agencies subject to the Government
Corporation Control Act.
Section 208 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 209 requires the Administration's budget and HUD's
budget justifications for fiscal year 2017 be submitted in
the identical account and sub-account structure provided in
this Act.
Section 210 exempts PHA Boards in Alaska, Iowa, Mississippi
and the County of Los Angeles from certain public housing
resident representation requirements. Affected entities under
this section are reminded of their requirement to maintain a
tenant advisory board, as prescribed under this section. HUD
is required to ensure compliance with this requirement and
should take enforcement actions if this requirement is not
fulfilled.
Section 211 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 212 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 213 sets forth requirements for Section 8 voucher
assistance eligibility and includes consideration for persons
with disabilities.
Section 214 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal
year 2005.
Section 215 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 216 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 217 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 218 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 219 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 220 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 221 requires the Secretary to publish all notice of
funding availability that is competitively awarded on the
internet for fiscal year 2016.
Section 222 limits attorney fees and requires the
Department to submit a spend plan to the House and Senate
Committees on Appropriations.
Section 223 allows the Secretary to transfer up to 10
percent of funds or $4,000,000, 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 224 allows the Disaster Housing Assistance Programs
to be considered a program of HUD for the purpose of income
verifications and match requirements.
Section 225 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 226 places a salary and bonus limit on public
housing agency officials and employees.
Section 227 prohibits the use of funds for the doctoral
dissertation research grant program at HUD.
Section 228 extends the HOPE VI program to September 30,
2016.
Section 229 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 230 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 231 prohibits the use of funds to implement the
Homeowners Armed with Knowledge (HAWK) program.
Section 232 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 233 prohibits the use of funds to terminate the
status of a unit of general local government as a
metropolitan city with respect to grants.
Section 234 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 235 modifies safety-related termination criteria
for the HOME Investment Partnerships program.
Section 236 prohibits funds to be used for financial awards
for employees subject to administrative discipline.
Section 237 modifies the Rental Assistance Demonstration
included in the fiscal year 2012 appropriations Act.
Section 238 modifies Section 526 of the National Housing
Act to permit exceptions for alternative water systems that
meet requirements of State and local building codes that
ensure health and safety standards.
Section 239 extends existing contract terms, expands the
number of PHAs that may participate in the Moving-to-Work
program, and establishes an advisory committee and an
advisory component. Rigorous research contains a quantitative
component, a control or comparison group, and may incorporate
qualitative study. For the purposes of this section, rigorous
research methodologies include: randomized experiments,
natural experiments, well-matched comparison group studies
and quasi-experimental methods found in studies published in
peer-reviewed social science journals.
Section 240 allows HUD to authorize the transfer of
existing subsidies and liabilities from obsolete housing for
persons with disabilities to housing that complies with local
Olmstead requirements.
Section 241 rescinds $12,000,000 in unobligated balances,
including recaptures and carryover, from ``General and
Special Risk Program Account'' and ``Native American Housing
Block Grants'', and rescinds all unobligated balances,
including recaptures and carryover, remaining in ``Rural
Housing and Economic Development'' and ``Homeownership and
Opportunity for People Everywhere Grants''.
Section 242 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 243 allows program income as an eligible match for
2015 and 2016 Continuum of Care funds.
Section 244 modifies grantee compliance requirements under
the Community Development Fund heading for rural promise zone
jurisdictions and certain other economically distressed
communities.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The agreement provides $8,023,000 for the salaries and
expenses of the Access Board.
Federal Maritime Commission
SALARIES AND EXPENSES
The agreement provides $25,660,000 for the salaries and
expenses of the Federal Maritime Commission, of which not
more than $2,000 may be available for official reception and
representation expenses. Of the funds provided, not less than
$527,637 is available for the Office of Inspector General.
National Railroad Passenger Corporation
Office of Inspector General
SALARIES AND EXPENSES
The agreement provides $24,499,000 for the Office of
Inspector General for Amtrak.
National Transportation Safety Board
SALARIES AND EXPENSES
The agreement provides $105,170,000 for the salaries and
expenses of the National Transportation Safety Board.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The agreement provides $175,000,000 for the Neighborhood
Reinvestment Corporation (NRC), of which $135,000,000 is for
the core program, including $5,000,000 for the multifamily
rental housing program. Of the total provided, $40,000,000 is
for the National Foreclosure Mitigation Counseling (NFMC)
program. The agreement allows up to 5 percent of NFMC funds
to be used for administrative expenses to carry out
foreclosure mitigation activities.
United States Interagency Council on Homelessness
OPERATING EXPENSES
The agreement provides $3,530,000 for operating expenses of
the United States Interagency Council on Homelessness
(USICH).
In addition to the directives included in House Report 114-
129, USICH is directed to continue supporting federal
collaboration and implementation of the federal strategic
plan to prevent and end homelessness. The Council shall
balance its fulfillment of directives included in House
Report 114-129 with
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the continuation of core responsibilities such as
establishing common definitions of homelessness across
programs, consolidating federal data, and increasing federal
collaboration to target affordable housing and homeless
resources to high-need families and individuals, including
special populations such as veterans, victims of domestic
violence, persons with HIV, and youth.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Section 401 prohibits pay and other expenses for non-
Federal parties intervening in regulatory or adjudicatory
proceedings.
Section 402 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly so
provided herein.
Section 403 limits consulting service expenditures in
procurement contracts to those contained in the public
record.
Section 404 prohibits employee training not directly
related to the performance of official duties.
Section 405 specifies requirements for reprogramming funds.
Section 406 provides that fifty percent of unobligated
balances for salaries and expenses may remain available for
certain purposes, 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 Act.
Section 409 prohibits funds in this Act from being used to
permanently replace an employee intent on returning to his or
her past occupation after completion of military service.
Section 410 prohibits funds in this Act from being used
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being appropriated or made
available to any person or entity that has been convicted of
violating the Buy American Act.
Section 412 prohibits funds 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
funded in this Act may send to international conferences.
Section 415 prohibits funds from being used by the Federal
Transit Administration to implement, administer, or enforce
section 18.36(c)(2) of title 49, U.S.C. for construction
hiring purposes.
Section 416 prohibits funds from being used in
contravention of the 5th or 14th Amendment to the
Constitution or title VI of the Civil Rights Act of 1964.
Section 417 prohibits funds from being used to lease or
purchase new light duty vehicles for any executive fleet or
an agency's fleet inventory, except in accordance with
Presidential Memorandum--Federal Fleet Performance, dated May
24, 2011.
Section 418 prohibits the use of funds in contravention of
subpart E of part 5 of the regulations of the Secretary of
HUD, relating to restrictions on assistance to noncitizens.
Section 419 prohibits the use of funds in contravention of
section 214(d) of the Housing and Community Development Act
of 1980, regarding conditions for financial assistance.
Section 420 provides an additional $300,000,000 in disaster
funds for ``Community Planning and Development, Community
Development Fund'' for communities that experienced a
disaster in 2015.
Section 421 amends the Fixing America's Surface
Transportation Act to apply the emergency relief federal cost
share methodology in effect at the time of the disaster.
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