[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]] ----------------------------------------------------------------------- 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 electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT-59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the 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....................................... ---------------------------------------------------------------------------------------------------------------- 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 DeployabilityDisaster 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. [[Page H10179]] [GRAPHIC] [TIFF OMITTED] TH171215.359 [[Page H10180]] [GRAPHIC] [TIFF OMITTED] TH171215.360 [[Page H10181]] [GRAPHIC] [TIFF OMITTED] TH171215.361 [[Page H10182]] [GRAPHIC] [TIFF OMITTED] TH171215.362 [[Page H10183]] [GRAPHIC] [TIFF OMITTED] TH171215.363 [[Page H10184]] [GRAPHIC] [TIFF OMITTED] TH171215.364 [[Page H10185]] [GRAPHIC] [TIFF OMITTED] TH171215.365 [[Page H10186]] [GRAPHIC] [TIFF OMITTED] TH171215.366 [[Page H10187]] [GRAPHIC] [TIFF OMITTED] TH171215.367 [[Page H10188]] [GRAPHIC] [TIFF OMITTED] TH171215.368 [[Page H10189]] [GRAPHIC] [TIFF OMITTED] TH171215.369 [[Page H10190]] [GRAPHIC] [TIFF OMITTED] TH171215.370 [[Page H10191]] [GRAPHIC] [TIFF OMITTED] TH171215.371 [[Page H10192]] [GRAPHIC] [TIFF OMITTED] TH171215.372 [[Page H10193]] [GRAPHIC] [TIFF OMITTED] TH171215.373 [[Page H10194]] [GRAPHIC] [TIFF OMITTED] TH171215.374 [[Page H10195]] [GRAPHIC] [TIFF OMITTED] TH171215.375 [[Page H10196]] [GRAPHIC] [TIFF OMITTED] TH171215.376 [[Page H10197]] [GRAPHIC] [TIFF OMITTED] TH171215.377 [[Page H10198]] [GRAPHIC] [TIFF OMITTED] TH171215.378 [[Page H10199]] [GRAPHIC] [TIFF OMITTED] TH171215.379 [[Page H10200]] [GRAPHIC] [TIFF OMITTED] TH171215.380 [[Page H10201]] [GRAPHIC] [TIFF OMITTED] TH171215.381 [[Page H10202]] [GRAPHIC] [TIFF OMITTED] TH171215.382 [[Page H10203]] [GRAPHIC] [TIFF OMITTED] TH171215.383 [[Page H10204]] [GRAPHIC] [TIFF OMITTED] TH171215.384 [[Page H10205]] [GRAPHIC] [TIFF OMITTED] TH171215.385 [[Page H10206]] [GRAPHIC] [TIFF OMITTED] TH171215.386 [[Page H10207]] [GRAPHIC] [TIFF OMITTED] TH171215.387 [[Page H10208]] [GRAPHIC] [TIFF OMITTED] TH171215.388 [[Page H10209]] [GRAPHIC] [TIFF OMITTED] TH171215.389 [[Page H10210]] [GRAPHIC] [TIFF OMITTED] TH171215.390 [[Page H10211]] 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. [[Page H10212]] 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. [[Page H10223]] 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. [[Page H10224]] 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. [[Page H10225]] [GRAPHIC] [TIFF OMITTED] TH171215.391 [[Page H10226]] [GRAPHIC] [TIFF OMITTED] TH171215.392 [[Page H10227]] [GRAPHIC] [TIFF OMITTED] TH171215.393 [[Page H10228]] [GRAPHIC] [TIFF OMITTED] TH171215.394 [[Page H10229]] [GRAPHIC] [TIFF OMITTED] TH171215.395 [[Page H10230]] [GRAPHIC] [TIFF OMITTED] TH171215.396 [[Page H10231]] [GRAPHIC] [TIFF OMITTED] TH171215.397 [[Page H10232]] [GRAPHIC] [TIFF OMITTED] TH171215.398 [[Page H10233]] [GRAPHIC] [TIFF OMITTED] TH171215.399 [[Page H10234]] [GRAPHIC] [TIFF OMITTED] TH171215.400 [[Page H10235]] [GRAPHIC] [TIFF OMITTED] TH171215.401 [[Page H10236]] [GRAPHIC] [TIFF OMITTED] TH171215.402 [[Page H10237]] [GRAPHIC] [TIFF OMITTED] TH171215.403 [[Page H10238]] [GRAPHIC] [TIFF OMITTED] TH171215.404 [[Page H10239]] [GRAPHIC] [TIFF OMITTED] TH171215.405 [[Page H10240]] [GRAPHIC] [TIFF OMITTED] TH171215.406 [[Page H10241]] [GRAPHIC] [TIFF OMITTED] TH171215.407 [[Page H10242]] [GRAPHIC] [TIFF OMITTED] TH171215.408 [[Page H10243]] [GRAPHIC] [TIFF OMITTED] TH171215.409 [[Page H10244]] [GRAPHIC] [TIFF OMITTED] TH171215.410 [[Page H10245]] [GRAPHIC] [TIFF OMITTED] TH171215.411 [[Page H10246]] [GRAPHIC] [TIFF OMITTED] TH171215.412 [[Page H10247]] [GRAPHIC] [TIFF OMITTED] TH171215.413 [[Page H10248]] [GRAPHIC] [TIFF OMITTED] TH171215.414 [[Page H10249]] [GRAPHIC] [TIFF OMITTED] TH171215.415 [[Page H10250]] [GRAPHIC] [TIFF OMITTED] TH171215.416 [[Page H10251]] [GRAPHIC] [TIFF OMITTED] TH171215.417 [[Page H10252]] [GRAPHIC] [TIFF OMITTED] TH171215.418 [[Page H10253]] [GRAPHIC] [TIFF OMITTED] TH171215.419 [[Page H10254]] [GRAPHIC] [TIFF OMITTED] TH171215.420 [[Page H10255]] [GRAPHIC] [TIFF OMITTED] TH171215.421 [[Page H10256]] [GRAPHIC] [TIFF OMITTED] TH171215.422 [[Page H10257]] [GRAPHIC] [TIFF OMITTED] TH171215.423 [[Page H10258]] [GRAPHIC] [TIFF OMITTED] TH171215.424 [[Page H10259]] [GRAPHIC] [TIFF OMITTED] TH171215.425 [[Page H10260]] [GRAPHIC] [TIFF OMITTED] TH171215.426 [[Page H10261]] [GRAPHIC] [TIFF OMITTED] TH171215.427 [[Page H10262]] [GRAPHIC] [TIFF OMITTED] TH171215.428 [[Page H10263]] [GRAPHIC] [TIFF OMITTED] TH171215.429 [[Page H10264]] [GRAPHIC] [TIFF OMITTED] TH171215.430 [[Page H10265]] [GRAPHIC] [TIFF OMITTED] TH171215.431 [[Page H10266]] [GRAPHIC] [TIFF OMITTED] TH171215.432 [[Page H10267]] [GRAPHIC] [TIFF OMITTED] TH171215.433 [[Page H10268]] [GRAPHIC] [TIFF OMITTED] TH171215.434 [[Page H10269]] [GRAPHIC] [TIFF OMITTED] TH171215.435 [[Page H10270]] [GRAPHIC] [TIFF OMITTED] TH171215.436 [[Page H10271]] [GRAPHIC] [TIFF OMITTED] TH171215.437 [[Page H10272]] [GRAPHIC] [TIFF OMITTED] TH171215.438 [[Page H10273]] [GRAPHIC] [TIFF OMITTED] TH171215.439 [[Page H10274]] [GRAPHIC] [TIFF OMITTED] TH171215.440 [[Page H10275]] [GRAPHIC] [TIFF OMITTED] TH171215.441 [[Page H10276]] [GRAPHIC] [TIFF OMITTED] TH171215.442 [[Page H10277]] [GRAPHIC] [TIFF OMITTED] TH171215.443 [[Page H10278]] [GRAPHIC] [TIFF OMITTED] TH171215.444 [[Page H10279]] [GRAPHIC] [TIFF OMITTED] TH171215.445 [[Page H10280]] [GRAPHIC] [TIFF OMITTED] TH171215.446 [[Page H10281]] 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 [[Page H10282]] 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 [[Page H10292]] 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 [[Page H10293]] 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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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. [[Page H10366]] [GRAPHIC] [TIFF OMITTED] TH171215.516 [[Page H10367]] [GRAPHIC] [TIFF OMITTED] TH171215.517 [[Page H10368]] [GRAPHIC] [TIFF OMITTED] TH171215.518 [[Page H10369]] [GRAPHIC] [TIFF OMITTED] TH171215.519 [[Page H10370]] [GRAPHIC] [TIFF OMITTED] TH171215.520 [[Page H10371]] [GRAPHIC] [TIFF OMITTED] TH171215.521 [[Page H10372]] [GRAPHIC] [TIFF OMITTED] TH171215.522 [[Page H10373]] [GRAPHIC] [TIFF OMITTED] TH171215.523 [[Page H10374]] [GRAPHIC] [TIFF OMITTED] TH171215.524 [[Page H10375]] [GRAPHIC] [TIFF OMITTED] TH171215.525 [[Page H10376]] [GRAPHIC] [TIFF OMITTED] TH171215.526 [[Page H10377]] [GRAPHIC] [TIFF OMITTED] TH171215.527 [[Page H10378]] 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. [[Page H10380]] 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. [[Page H10381]] [GRAPHIC] [TIFF OMITTED] TH171215.528 [[Page H10382]] [GRAPHIC] [TIFF OMITTED] TH171215.529 [[Page H10383]] [GRAPHIC] [TIFF OMITTED] TH171215.530 [[Page H10384]] [GRAPHIC] [TIFF OMITTED] TH171215.531 [[Page H10385]] [GRAPHIC] [TIFF OMITTED] TH171215.532 [[Page H10386]] [GRAPHIC] [TIFF OMITTED] TH171215.533 [[Page H10387]] [GRAPHIC] [TIFF OMITTED] TH171215.534 [[Page H10388]] [GRAPHIC] [TIFF OMITTED] TH171215.535 [[Page H10389]] [GRAPHIC] [TIFF OMITTED] TH171215.536 [[Page H10390]] [GRAPHIC] [TIFF OMITTED] TH171215.537 [[Page H10391]] [GRAPHIC] [TIFF OMITTED] TH171215.538 [[Page H10392]] [GRAPHIC] [TIFF OMITTED] TH171215.539 [[Page H10393]] [GRAPHIC] [TIFF OMITTED] TH171215.540 [[Page H10394]] 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. [[Page H10402]] [GRAPHIC] [TIFF OMITTED] TH171215.541 [[Page H10403]] [GRAPHIC] [TIFF OMITTED] TH171215.542 [[Page H10404]] [GRAPHIC] [TIFF OMITTED] TH171215.543 [[Page H10405]] [GRAPHIC] [TIFF OMITTED] TH171215.544 [[Page H10406]] [GRAPHIC] [TIFF OMITTED] TH171215.545 [[Page H10407]] [GRAPHIC] [TIFF OMITTED] TH171215.546 [[Page H10408]] [GRAPHIC] [TIFF OMITTED] TH171215.547 [[Page H10409]] [GRAPHIC] [TIFF OMITTED] TH171215.548 [[Page H10410]] [GRAPHIC] [TIFF OMITTED] TH171215.549 [[Page H10411]] [GRAPHIC] [TIFF OMITTED] TH171215.550 [[Page H10412]] 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. [[Page H10424]] [GRAPHIC] [TIFF OMITTED] TH171215.551 [[Page H10425]] [GRAPHIC] [TIFF OMITTED] TH171215.552 [[Page H10426]] [GRAPHIC] [TIFF OMITTED] TH171215.553 [[Page H10427]] [GRAPHIC] [TIFF OMITTED] TH171215.554 [[Page H10428]] [GRAPHIC] [TIFF OMITTED] TH171215.555 [[Page H10429]] [GRAPHIC] [TIFF OMITTED] TH171215.556 [[Page H10430]] [GRAPHIC] [TIFF OMITTED] TH171215.557 [[Page H10431]] [GRAPHIC] [TIFF OMITTED] TH171215.558 [[Page H10432]] [GRAPHIC] [TIFF OMITTED] TH171215.559 [[Page H10433]] [GRAPHIC] [TIFF OMITTED] TH171215.560 [[Page H10434]] [GRAPHIC] [TIFF OMITTED] TH171215.561 [[Page H10435]] [GRAPHIC] [TIFF OMITTED] TH171215.562 [[Page H10436]] [GRAPHIC] [TIFF OMITTED] TH171215.563 [[Page H10437]] [GRAPHIC] [TIFF OMITTED] TH171215.564 [[Page H10438]] [GRAPHIC] [TIFF OMITTED] TH171215.565 [[Page H10439]] [GRAPHIC] [TIFF OMITTED] TH171215.566 [[Page H10440]] 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 [[Page H10449]] 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 [[Page H10450]] 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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