The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“House of Representatives” mentioning the Department of Interior was published in the in the House section section on pages H9693-H10160 on Dec. 17, 2015.
The publication is reproduced in full below:
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House of Representatives
EXPLANATORY STATEMENT SUBMITTED BY MR. ROGERS OF KENTUCKY, CHAIRMAN OF
THE HOUSE COMMITTEE ON APPROPRIATIONS REGARDING HOUSE AMENDMENT NO. 1
TO THE SENATE AMENDMENT ON H.R. 2029
CONSOLIDATED APPROPRIATIONS ACT, 2016
The following is an explanation of the Consolidated Appropriations Act, 2016.
This Act includes twelve regular appropriations bills for fiscal year 2016. The divisions contained in the Act are as follows:
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By order of the Joint Committee on Printing.
GREGG HARPER, Chairman.
Section 3 of the Act states that, unless expressly provided otherwise, any reference to ``this Act'' contained in any division shall be treated as referring only to the provisions of that division.
Section 4 of the Act specifies that this explanatory statement shall have the same effect with respect to the allocation of funds and implementation of this legislation as if it were a joint explanatory statement of a committee of conference.
Section 5 of the Act provides a statement of appropriations.
Section 6 of the Act states that each amount designated by Congress as being for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) is contingent on the President so designating all such OCO/GWOT amounts and transmitting such designations to Congress. The provision is consistent with the requirements in the Budget Control Act of 2011 for Overseas Contingency Operations/Global War on Terrorism designations by the President.
Section 7 of the Act addresses possible technical scorekeeping differences for fiscal year 2016 between the Office of Management and Budget and the Congressional Budget Office.
Section 8 of the Act makes technical corrections to the Continuing Appropriations Act, 2016.
Section 9 of the Act prohibits cost-of-living adjustments for Members of Congress under the Legislative Reorganization Act during fiscal year 2016.
The Act does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined by clause 9 of rule XXI of the Rules of the House of Representatives.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
CONGRESSIONAL DIRECTIVES
The explanatory statement is silent on provisions that were in both the House Report (H. Rpt. 114-205) and Senate Report
(S. Rpt. 114-82) that remain unchanged by this agreement, except as noted in this explanatory statement.
The agreement restates that executive branch wishes cannot substitute for Congress's own statements as to the best evidence of congressional intentions, which are the official reports of the Congress. The agreement further points out that funds in this Act must be used for the purposes for which appropriated, as required by section 1301 of title 31 of the United States Code, which provides: ``Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.''
The House and Senate report language that is not changed by the explanatory statement is approved and indicates congressional intentions. The explanatory statement, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein.
In cases in which the House or the Senate have directed the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations no later than 60 days after enactment of this Act, unless otherwise directed.
Hereafter, in division A of this statement, the term `the Committees' refers to the Committees on Appropriations of the House of Representatives and the Senate.
For the appropriations provided by this Act and previous Acts, the departments and agencies funded by this agreement are reminded that the Committees use the definitions for transfer, reprogramming, and program, project, and activity as defined by the Government Accountability Office (GAO) in GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP Budget Glossary.
A transfer is the shifting of funds between appropriations. It applies to (1) transfers from one agency to another, (2) transfers from one account to another within the same agency, and (3) transfers to an interagency or intra-agency working fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an appropriation account for purposes other than those contemplated at the time of appropriation. It is the shifting of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within a budget account. PPAs are identified by reference to include the most specific level of budget items identified in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Act, 2016, accompanying Committee reports, explanatory statements, the Statement of Managers, and budget justifications. Program activity structures are intended to provide a meaningful representation of the operations financed by a specific budget account by project, activity, or organization.
For fiscal year 2016, the Committees continue to include bill language requiring advanced notification of certain agency actions. Notification will be required at least 15 days in advance of any action if (1) a major capital investment is modified; (2) an office is realigned or reorganized; and (3) activities are carried out that were not described in the budget request.
The agreement directs the Office of Budget and Program Analysis of the U.S. Department of Agriculture (USDA) to provide an organizational chart for each agency funded by this Act to the division and subdivision level, as appropriate, by January 30, 2016. The agreement also directs the Food and Drug Administration (FDA), Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration
(FCA) to provide an organizational chart of each agency respectively to the division and subdivision level, as appropriate, by January 30, 2016.
TITLE I--AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $45,555,000 for the Office of the Secretary.
Congress continues to be concerned about the quality of scientific evidence and extraneous factors that were included in the 2015 Dietary Guidelines Advisory Committee's Scientific Report. Such concerns have been conveyed to the Secretary of Agriculture and Secretary of Health and Human Services in public hearings. To ensure the guidelines adhere to the nutritional and dietary scope of the law and are based upon sound science, bill language has been included clearly stating that the final guidelines cannot be released or implemented unless they are based upon significant scientific agreement and adhere to the statutory mandate.
Questions have been raised about the scientific integrity of the process in developing the dietary guidelines and whether balanced nutritional information is reaching the public. The entire process used to formulate and establish the guidelines needs to be reviewed before future guidelines are issued. It is imperative that the guidelines be based upon strong, balanced science and focus on providing consumers with dietary and nutritional information that will assist them in eating a healthy and balanced diet. At a minimum, the process should include: full transparency, a lack of bias, and the inclusion and consideration of all of the latest available research and scientific evidence, even that which challenges current dietary recommendations. The agreement provides $1,000,000 to review the dietary guideline process.
As the panel is selected to conduct the study, the agreement expects members of the 2015 Dietary Guidelines Advisory Committee to recuse themselves from this process to ensure objectivity. The agreement encourages that stakeholders representing a wide range of viewpoints be engaged for input before the study begins in order to hear the various concerns surrounding the current process. The agreement directs the National Academy of Medicine to provide quarterly reports informing the Committees on the status of the study.
The agreement recognizes USDA's diligent work regarding the outbreak of highly pathogenic avian influenza in the commercial poultry industry. The agreement supports the Secretary's use of all available resources necessary in its continued work with stakeholders and trading partners to eradicate the disease. The agreement directs the Secretary to keep the Committees apprised of new developments. The agreement directs the Secretary to provide a report on the amount of emergency funds transferred from the Commodity Credit Corporation (CCC) to poultry owners and contract growers respectively under the Animal Health Protection Act during fiscal year 2015.
The agreement directs the Secretary to notify in writing the Committees 15 days prior to the expenditure of any emergency funds from the CCC.
The agreement seeks to bring more transparency and coordination of nutrition research and evaluation projects conducted by the Department. The Secretary is directed to ensure both the Research, Education, and Economics and the Food, Nutrition, and Consumer Services mission areas coordinate and finalize the FNS Research and Evaluation Plan submitted in fiscal year 2016 to prevent duplication of efforts and resources. The plan submitted for fiscal year 2016 shall include a brief description of the projects FNS expects to pursue and whether or not it was mandated by law.
Section 737 states that FNS shall not receive any funding for new research and evaluation projects in fiscal year 2016 until the Committees receive the fiscal year 2016 Research and Evaluation Plan that has been developed in coordination with the Research, Education, and Economics mission area. In submitting the fiscal year 2017 budget justification, FNS is directed to provide its Research and Evaluation Plan simultaneously with its budget request. There is an expectation that this process will be followed in the future.
It has been more than 300 days since the publication in the New York Times of the article entitled `U.S. Research Lab Lets Livestock Suffer in Quest for Profit' about the Agricultural Research Service's Meat Animal Research Center
(MARC) in Clay Center, Nebraska. Despite having nearly a year to address this matter, the Department has provided a wholly inadequate public response to the allegations of animal mistreatment at MARC and it has been delinquent in providing necessary information and updates to the Committees. This agreement re-affirms the directives and requirements on this issue included in H. Rpt. 114-205 and S. Rpt. 114-82. If the Department fails to comply fully with these directives and requirements, the Committees will pursue further action to ensure they are met.
The following table reflects the agreement:
OFFICE OF THE SECRETARY
(Dollars in Thousands)
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OFFICE OF THE SECRETARY.................................... $5,051
Office of Tribal Relations................................. 502
Office of Homeland Security and Emergency Coordination..... 1,496
Office of Advocacy and Outreach............................ 1,209
Office of Assistant Secretary for Administration........... 804
Departmental Administration................................ 25,124
Office of Assistant Secretary for Congressional Relations.. 3,869
Office of Communications................................... 7,500
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Total, Office of the Secretary......................... $45,555
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Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $17,777,000 for the Office of the Chief Economist.
The agreement directs the Office of the Chief Economist, within 60 days of completion of the report required in 7 U.S.C. 6935(b)(3) by the Secretary, to contract with an independent organization to provide assistance with implementation and establishment of an Undersecretary for Trade and Foreign Agricultural Affairs as required by the Agricultural Act of 2014. The agreement directs the Office of the Chief Economist to consult with the congressional committees of jurisdiction throughout this process. The agreement provides $1,000,000 for this purpose.
NATIONAL APPEALS DIVISION
The agreement provides $13,317,000 for the National Appeals Division.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $9,392,000 for the Office of Budget and Program Analysis.
Office of the Chief Information Officer
The agreement provides $44,538,000 for the Office of the Chief Information Officer.
This amount includes not less than $28,000,000 to support cybersecurity requirements of the Department.
Office of the Chief Financial Officer
The agreement provides $6,028,000 for the Office of the Chief Financial Officer.
The agreement directs the Chief Financial Officer to include an estimate of General Services Administration (GSA) rent and Department of Homeland Security (DHS) costs by agency in the fiscal year 2017 budget justifications. The agreement includes the following table detailing the total estimated amounts for fiscal year 2016:
=========================== NOTE ===========================
December 17, 2015, on page H9695, the following appeared: Services Agency (GSA) rent and Department
The online version should be corrected to read: Services Administration (GSA) rent and Department
========================= END NOTE =========================
[Dollars in Thousands]
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GSA DHS
------------------------------------------------------------------------
2016.......................................... $215,309 $21,960
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Office of the Assistant Secretary for Civil Rights
The agreement provides $898,000 for the Office of the Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $24,070,000 for the Office of Civil Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $64,189,000 for Agriculture Buildings and Facilities.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $3,618,000 for Hazardous Materials Management.
Office of Inspector General
The agreement provides $95,738,000 for the Office of Inspector General.
Office of the General Counsel
The agreement provides $44,383,000 for the Office of the General Counsel.
Office of Ethics
The agreement provides $3,654,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $893,000 for the Office of the Under Secretary for Research, Education, and Economics.
Economic Research Service
The agreement provides $85,373,000 for the Economic Research Service.
National Agricultural Statistics Service
The agreement provides $168,443,000 for the National Agricultural Statistics Service, including up to $42,177,000 for the Census of Agriculture.
The agreement includes increases of $500,000 for pollinator surveys, $957,000 for the Chemical Use Program, and $335,000 for employee health benefits as requested in the budget. Additionally, the agreement includes funding to reinstate a vineyard production survey to gather information essential to annual pricing and purchase agreement and long-term production planning.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,143,825,000 for the Agricultural Research Service (ARS), Salaries and Expenses.
The agreement does not accept the President's budget request regarding the termination of research programs, redirections of research programs, or closure of research locations. The agreement expects extramural research to be funded at no less than the fiscal year 2015 levels. The agreement provides funding increases for forest product, pollinator, aquatic animal health, leafy green vegetables, long-term agroecosystem research, crop improvement and protection, avian health, cranberry, wheat and sorghum, agricultural genomic, methyl bromide alternatives research to combat macrophomina and fusarium, and horticultural research and education.
The agreement reiterates concerns regarding the ongoing depletion of the regional Alluvial Aquifer in the Lower Mississippi River Basin. Over 7 million acres in the region represent irrigated cropland and 90 percent of those acres rely on the groundwater supply. Increased water withdrawals and stagnant recharging jeopardize the long-term availability of the aquifer and place irrigation agriculture in the region on an unsustainable path. The agreement encourages ARS, in collaboration with university research and extension scientists and local stakeholders, to identify gaps in water management research and focus efforts on the development of conservation and irrigation techniques to reduce water usage in agriculture production while maintaining crop quality and yield.
BUILDINGS AND FACILITIES
For ARS Buildings and Facilities, the agreement provides an appropriation of $212,101,000 for priorities identified in the USDA ARS Capital Investment Strategy, April 2012.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $819,685,000 for the National Institute of Food and Agriculture's research and education activities.
The agreement continues to direct that not less than 15 percent of the competitive research grant funds be used for USDA's agricultural research enhancement awards program, including USDA-EPSCoR.
The following table reflects the amounts provided by the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE--RESEARCH AND EDUCATION
ACTIVITIES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act....................... 7 U.S.C. 361a-i.... $243,701
McIntire-Stennis Cooperative 16 U.S.C. 582a 33,961
Forestry Act. through a-7.
Research at 1890 Institutions 7 U.S.C. 3222...... 54,185
(Evans-Allen Program).
Payments to the 1994 7 U.S.C. 301 note.. 3,439
Institutions.
Education Grants for 1890 7 U.S.C. 3152(b)... 19,336
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241...... 9,219
Serving Institutions.
Education Grants for Alaska 7 U.S.C. 3156...... 3,194
Native and Native Hawaiian-
Serving Institutions.
Research Grants for 1994 7 U.S.C. 301 note.. 1,801
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i..... 5,000
Grant Colleges of Agriculture.
Grants for Insular Areas........ 7 U.S.C. 3222b-2, 2,000
3362 and 3363.
Agriculture and Food Research 7 U.S.C. 450i(b)... 350,000
Initiative.
Veterinary Medicine Loan 7 U.S.C. 3151a..... 5,000
Repayment.
Veterinary Services Grant 7 U.S.C. 3151b..... 2,500
Program.
Continuing Animal Health and 7 U.S.C. 3195...... 4,000
Disease Research Program.
Supplemental and Alternative 7 U.S.C. 3319d..... 825
Crops.
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)... 9,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post- 7 U.S.C. 3152(j)... 900
Secondary Education.
Aquaculture Centers............. 7 U.S.C. 3322...... 4,000
Sustainable Agriculture Research 7 U.S.C. 5811, 24,667
and Education. 5812, 5831, and
5832.
Farm Business Management........ 7 U.S.C. 5925f..... 1,450
Sun Grant Program............... 7 U.S.C. 8114...... 2,500
Alfalfa and Forage Research 7 U.S.C. 5925...... 2,000
Program.
Minor Crop Pest Management (IR- 7 U.S.C. 450i(c)... 11,913
4).
Special Research Grants: 7 U.S.C. 450i(c)... .................
Global Change/UV Monitoring. ................... 1,405
Potato Research............. ................... 2,000
Aquaculture Research........ ................... 1,350
------------------
Total, Special Research ................... 4,755
Grants.
Necessary Expenses of Research
and Education Activities:
Grants Management System.... ................... 7,830
Federal Administration-- ................... 6,549 Other Necessary Expenses for Research and Education Activities.
GSA Rent and DHS Security ................... 5,960 Expenses.
------------------
Total, Necessary Expenses... ................... 20,339
------------------
Total, Research and ................... $819,685
Education Activities.
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NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $475,891,000 for the National Institute of Food and Agriculture's extension activities.
The agreement provides an increase of $2,500,000 for the Food Safety Outreach Program to provide education and training for farmers, producers, and processors to implement food safety guidelines resulting from FSMA. The agreement directs the Department to coordinate efforts with the FDA to ensure there is no duplication of efforts or resources. As stated in the President's fiscal year 2016 budget request, the agreement expects NIFA to be the sole agency supporting the educational needs of growers.
=========================== NOTE ===========================
December 17, 2015, on page H9696, the following appeared:
$2,500,000 million for the Food Safety Outreach
The online version should be corrected to read: $2,500,000 for the Food Safety Outreach
========================= END NOTE =========================
The following table reflects the amounts provided by the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and 7 U.S.C. 343(b) and $300,000
(c) programs and Cooperative (c) and 208(c) of
Extension. P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221...... 45,620
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3). 4,446
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b..... 19,730
Institutions.
Renewable Resources Extension 16 U.S.C. 1671 et 4,060
Act. seq..
Rural Health and Safety 7 U.S.C. 2662(i)... 1,500
Education Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642...... 1,250
Database Program.
Women and Minorities in STEM 7 U.S.C. 5925...... 400
Fields.
Food Safety Outreach Program.... 7 U.S.C. 7625...... 5,000
Smith-Lever, Section 3(d):...... 7 U.S.C. 343(d).... .................
Food and Nutrition Education ................... 67,934
Farm Safety and Youth Farm ................... 4,610 Safety Education Programs.
New Technologies for ................... 1,550 Agricultural Extension.
Children, Youth, and ................... 8,395 Families at Risk.
Federally Recognized Tribes ................... 3,039 Extension Program.
------------------
Total, Section 3(d)..... ................... 85,528
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 ................... 552
Classroom.
Federal Administration--Other ................... 7,805
Necessary Expenses for
Extension Activities.
------------------
Total, Necessary Expenses... ................... 8,357
Total, Extension ................... $475,891
Activities.
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integrated activities
The agreement provides $30,900,000 for the National Institute of Food and Agriculture's integrated activities.
The following table reflects the amounts provided by the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition 7 U.S.C. 7626...... $2,000
Program.
Organic Transition Program...... 7 U.S.C. 7626...... 4,000
Regional Rural Development 7 U.S.C. 450i(c)... 1,000
Centers.
Food and Agriculture Defense 7 U.S.C. 3351...... 6,700
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626...... 17,200
Program.
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Total, Integrated Activities ................... $30,900
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $893,000 for the Office of the Under Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
The agreement provides $894,415,000 for the Animal and Plant Health Inspection Service (APHIS), Salaries and Expenses.
The agreement includes a net increase of $22,001,000 for high priority initiatives in order to protect the plant and animal resources of the Nation from pests and diseases. The agreement provides increases within the total funding level of: $3,000,000 for Avian Health to assist Federal and State agencies, stakeholders and growers to implement the best surveillance and biosecurity efforts to stop and slow the spread of highly pathogenic avian influenza; $550,000 for Swine Health to enhance emerging swine disease surveillance;
$5,000,000 and a total of $12,000,000 for APHIS to support National Animal Health Lab Network; $1,000,000 for the Agricultural Quarantine Inspection program; $2,000,000 for Specialty Crop Pests that when combined with a one-time increase of $5,500,000 for the Citrus Health Response Program will total $7,500,000 to help address the damaging effects of citrus greening disease; $3,150,000 for Wildlife Damage Management for priority initiatives such as oral rabies vaccinations, livestock protection, predator damage management, and preventing the transport of invasive snakes and other harmful species;
$1,000,000 for Agriculture Import and Export activities to help resolve sanitary and phytosanitary trade issues that could result in the opening of new markets and retaining and expanding existing market access for U.S. agricultural products; and, $400,000 for Animal Welfare in order for APHIS to provide oversight of animal research at the Agricultural Research Service.
The agreement includes no less than $3,000,000 for cervid health activities. Within the funds provided, APHIS should give consideration to indemnity payments if warranted.
The agreement includes $26,000,000 under Wildlife Damage Management for national rabies management, surveillance, and eradication efforts. The agreement also provides an additional $600,000 for combatting wildlife depredation to production aquaculture, an additional $550,000 for increased feral swine surveillance, an additional $8,000,000 for aircraft equipment and safety needs, and $2,000,000 for Wildlife Services education and training.
The following table reflects the agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Animal Health Technical Services..................... $35,339
Aquatic Animal Health................................ 2,253
Avian Health......................................... 55,340
Cattle Health........................................ 91,500
Equine, Cervid & Small Ruminant Health............... 19,500
National Veterinary Stockpile........................ 3,973
Swine Health......................................... 24,800
Veterinary Biologics................................. 16,417
Veterinary Diagnostics............................... 36,540
Zoonotic Disease Management.......................... 9,523
------------------
Subtotal, Animal Health.......................... 295,185
Agricultural Quarantine Inspection (Appropriated).... 27,900
Cotton Pests......................................... 11,520
Field Crop & Rangeland Ecosystems Pests.............. 8,826
Pest Detection....................................... 27,446
Plant Protection Methods Development................. 20,686
Specialty Crop Pests................................. 158,000
Tree & Wood Pests.................................... 54,000
------------------
Subtotal, Plant Health........................... 308,378
Wildlife Damage Management........................... 101,177
Wildlife Services Methods Development................ 18,856
------------------
Subtotal, Wildlife Services...................... 120,033
Animal & Plant Health Regulatory Enforcement......... 16,224
Biotechnology Regulatory Services.................... 18,875
------------------
Subtotal, Regulatory Services.................... 35,099
Contingency Fund..................................... 470
Emergency Preparedness & Response.................... 16,966
------------------
Subtotal, Emergency Management................... 17,436
Agriculture Import/Export............................ 15,099
Overseas Technical & Trade Operations................ 22,114
------------------
Subtotal, Safe Trade............................. 37,213
Animal Welfare....................................... 28,410
Horse Protection..................................... 697
------------------
Subtotal, Animal Welfare......................... 29,107
APHIS Information Technology Infrastructure.......... 4,251
Physical/Operational Security........................ 5,146
GSA Rental and DHS Security Payments................. 42,567
------------------
Subtotal, Agency Management...................... 51,964
------------------
Total, Direct Appropriation.................. $894,415
------------------------------------------------------------------------
buildings and facilities
The agreement provides $3,175,000 for APHIS Buildings and Facilities.
Agricultural Marketing Service
marketing services
The agreement provides $81,223,000 for the Agricultural Marketing Service.
The agreement includes bill language to repeal the country of origin labeling requirements for beef and pork products in order to prevent U.S. exports from suffering an economic impact totaling more than $1 billion in retaliatory tariffs from Canada and Mexico.
limitation on administrative expenses
The agreement includes a limitation on administrative expenses of $60,982,000.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
The agreement provides $20,489,000 for Funds for Strengthening Markets, Income, and Supply.
Consistent with Section 715, the Secretary is reminded that the Act does not provide funding to carry out clause 3 of section 32 of the Agricultural Adjustment Act of 1935 (Public Law 74-320, 7 U.S.C. 612c, as amended), or for any surplus removal activities or price support activities under section 5 of the Commodity Credit Corporation Charter Act.
The following table reflects the status of this fund for fiscal year 2016:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD
[Dollars in Thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).............. $10,316,645
Less Transfers:
Food & Nutrition Service......................... -8,869,645
Commerce Department.............................. -144,000
Total, Transfers........................... -9,013,645
Prior Year Appropriation Available, Start of Year.... 122,000
Unavailable for Obligations (recoveries & offsetting - - -
collections)........................................
Transfer of Prior Year Funds to FNS (F&V)............ -122,000
Budget Authority..................................... 1,303,000
Rescission of Current Year Funds..................... -215,704
Appropriations Temporarily Reduced--Sequestration.... -77,316
Unavailable for Obligations (F&V Transfer to FNS).... -125,000
Available for Obligation............................. 884,980
Less Obligations:
Child Nutrition Programs (Entitlement Commodities)... 465,000
State Option Contract............................ 5,000
Removal of Defective Commodities................. 2,500
Emergency Surplus Removal........................ - - -
Small Business Support........................... - - -
Disaster Relief.................................. 5,000
Additional Fruits, Vegetables, and Nuts Purchases 206,000
Fresh Fruit and Vegetable Program................ 41,000
Estimated Future Needs........................... 106,192
------------------
Total, Commodity Procurement................. 830,692
Administrative Funds:
Commodity Purchase Support....................... 33,799
Marketing Agreements and Orders.................. 20,489
------------------
Total, Administrative Funds.................. 54,288
------------------
Total Obligations........................ 884,980
Unavailable for Obligations (F&V Transfer to FNS).... 125,000
Balances, Collections, and Recoveries Not Available.. - - -
------------------
Total, End of Year Balances...................... $125,000
------------------------------------------------------------------------
payments to states and possessions
The agreement provides $1,235,000 for Payments to States and Possessions.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
The agreement provides $43,057,000 for the Grain Inspection, Packers and Stockyards Administration.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The agreement includes a limitation on inspection and weighing services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The agreement provides $816,000 for the Office of the Under Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,014,871,000 for the Food Safety and Inspection Service (FSIS).
The agreement provides $2,547,000 to implement the Siluriformes Inspection Program, as proposed in the President's budget.
The agreement encourages FSIS to submit a report that contains a comprehensive plan to increase the consideration of external candidates for frontline food safety inspection positions, with a focus on recruiting candidates with a demonstrated educational background in agriculture or health sciences, including new and recent graduates in these fields.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.............................................. $898,795
State................................................ 60,976
International........................................ 16,744
Codex Alimentarius................................... 3,776
Public Health Data Communications Infrastructure 34,580
System..............................................
------------------
Total, Food Safety and Inspection Service........ $1,014,871
------------------------------------------------------------------------
Office of the Under Secretary for Farm and Foreign Agricultural
Services
The agreement provides $898,000 for the Office of the Under Secretary for Farm and Foreign Agricultural Services.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,200,180,000 for the Farm Service Agency (FSA).
FSA has submitted consecutive proposals for significant annual budget savings through ``operational efficiencies'' with little to no detail for achieving these goals. Despite these proposals, the agreement recognizes the important services that FSA provides across the country and maintains level funding for FSA, and specifically does not accept the proposed savings for non-Federal workers or other personnel savings. The agreement also supports full staffing levels for non-Federal workers. Furthermore, FSA is directed to provide substantial detailed documentation and data when proposing future budget requests.
The agreement directs the Farm Service Agency to complete the directive related to international food aid commodity reports in H. Rpt. 114-205.
FSA's management of certain information technology projects over the past several years has resulted in cost overruns and poor performance. FSA has failed to deliver a modernized and integrated IT solution for farm program delivery that was promised to Congress and the agricultural community. The agreement includes statutory language that requires the Government Accountability Office to review, and the Committees to approve a plan for expenditure for IT projects. FSA is directed to continue quarterly briefings in writing on all IT projects related to farm program delivery.
The following table reflects the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses................................ $1,200,180
Transfer from P.L. 480........................... 2,528
Transfer from Export Loans....................... 354
Transfer from ACIF............................... 306,998
------------------
Total, FSA Salaries and expenses............. $1,510,060
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $3,404,000 for State Mediation Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The agreement provides $6,500,000 for the Grassroots Source Water Protection Program.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $500,000 for the Dairy Indemnity Program.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The following table reflects the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct..................................... ($1,500,000)
Guaranteed................................. (2,000,000)
------------------------
Subtotal, Farm Ownership Loans......... (3,500,000)
Farm Operating Loans:
Direct..................................... (1,252,004)
Unsubsidized Guaranteed.................... (1,393,443)
------------------------
Subtotal, Farm Operating Loans......... (2,645,447)
Emergency Loans................................ (34,667)
Indian Tribe Land Acquisition Loans............ (2,000)
Conservation Loans--Guaranteed................. (150,000)
Indian Highly Fractionated Land................ (10,000)
Boll Weevil Eradication........................ (60,000)
------------------------
Total, Loan Authorizations............. (6,402,114)
Loan Subsidies:
Farm Ownership Loan Subsidies:
Direct..................................... - - -
Subtotal, Farm Ownership Subsidies..... - - -
Farm Operating Loan Subsidies:
Direct..................................... 53,961
Unsubsidized Guaranteed.................... 14,352
------------------------
Subtotal, Farm Operating Subsidies..... 68,313
Emergency Loans................................ 1,262
Indian Highly Fractionated Land................ - - -
Individual Development Accounts................ - - -
------------------------
Total, Loan Subsidies.................. 69,575
ACIF Expenses:
Salaries and Expenses...................... 306,998
Administrative Expenses.................... 7,920
------------------------
Total, ACIF Expenses................... $314,918
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The agreement provides $74,829,000 for the Risk Management Agency.
CORPORATIONS
Federal Crop Insurance Corporation Fund
The agreement provides an appropriation of such sums as may be necessary for the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides an appropriation of such sums as may be necessary for Reimbursement for Net Realized Losses of the Commodity Credit Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $5,000,000 for Hazardous Waste Management.
TITLE II--CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
The agreement provides $898,000 for the Office of the Under Secretary for Natural Resources and Environment.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $850,856,000 for Conservation Operations.
The agreement provides $9,300,000 for the Snow Survey and Water Forecasting Program; $9,400,000 for the Plant Materials Centers; $80,000,000 for the Soil Surveys Program; and
$752,156,000 for Conservation Technical Assistance, including an increase of $5,000,000 for the Conservation Delivery Streamlining Initiative (CDSI).
WATERSHED REHABILITATION PROGRAM
The agreement provides $12,000,000 for the Watershed Rehabilitation Program.
TITLE III--RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $893,000 for the Office of the Under Secretary for Rural Development.
The agreement encourages the Department to continue assisting areas with persistent poverty through the StrikeForce Initiative for Rural Growth and Opportunity.
The agreement provides $8,000,000 to the Rural Utilities Service to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a) and requires the agency to implement the program during fiscal year 2016.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $225,835,000 for Rural Development, Salaries and Expenses.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total subsidy of $505,567,000 for activities under the Rural Housing Insurance Fund Program Account. This includes a transfer of $417,854,000 to the Rural Development, Salaries and Expenses account.
The increasing number of Section 515 multi-family housing loans that are reaching maturity and being paid off is a significant threat to very low income rural households needing affordable housing. As these developments result in projects leaving the program, very low income households face untenable rent increases and possible eviction. The Secretary is directed to: provide every assistance possible to the Government Accountability Office in their analysis of this issue; review and evaluate all authorities available under Section 510 of the Housing Act of 1949; and, in conjunction with program partners and other interested parties, develop innovative options to retain projects in USDA's affordable housing program.
The following table indicates loan, subsidy, and grant levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family direct (sec. 502).................. ($900,000)
Single family unsubsidized guaranteed............ (24,000,000)
Housing repair (sec. 504)........................ (26,278)
Rental housing (sec. 515)........................ (28,398)
Multi-family guaranteed (sec. 538)............... (150,000)
Site development loans (sec. 524)................ (5,000)
Credit sales of acquired property................ (10,000)
Self-help housing land development (sec. 523).... (5,000)
Farm labor housing............................... (23,855)
------------------
Total, Loan authorizations................... ($25,148,531)
Loan subsidies:
Single family direct (sec. 502).................. $60,750
Housing repair (sec. 504)........................ 3,424
Rental housing (sec. 515)........................ 8,414
Farm labor housing............................... 6,789
------------------
Subtotal, Loan subsidies..................... 79,377
Farm labor housing grants........................ 8,336
------------------
Total, loan subsidies and grants......... 87,713
Administrative expenses (transfer to RD)......... 417,854
------------------
Total, Loan subsidies, grants, and $505,567
administrative expenses.................
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,389,695,000 for the Rental Assistance Program, of which up to $75,000,000 shall be available until September 30, 2017 for renewal of rental assistance agreements within a twelve month period. The agreement also directs the Secretary to provide the Committees quarterly reports on the number of renewal agreements approved, the amount of rental assistance available, and the anticipated need for rental assistance for the remainder of the fiscal year. In addition, the agreement expects that the Rural Housing Service will continue to take steps to use to the maximum extent possible rental assistance from expired agreements to address shortfalls. Provisions in the Rental Assistance appropriations are meant to confirm these actions and encourage them to continue.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
The agreement provides $37,000,000 for the Multi-Family Housing Revitalization Program Account. This includes
$15,000,000 for vouchers and $22,000,000 for a housing preservation demonstration program.
MUTUAL AND SELF-HELP HOUSING GRANTS
The agreement provides $27,500,000 for Mutual and Self-Help Housing Grants.
RURAL HOUSING ASSISTANCE GRANTS
The agreement provides $32,239,000 for Rural Housing Assistance Grants.
The following table reflects the grant levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants................ $28,701
Housing preservation grants.......................... 3,538
------------------
Total, grants.................................... $32,239
------------------------------------------------------------------------
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $42,278,000 for the Rural Community Facilities Program Account.
The following table reflects the loan, subsidy, and grant amounts provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
CF direct loans.................................. ($2,200,000)
CF guaranteed loans.............................. (148,305)
Loan Subsidies and Grants:
CF guaranteed loans.............................. 3,500
CF grants........................................ 25,000
Rural Community Development Initiative....... 4,000
Economic Impact Initiative................... 5,778
Tribal College Grants........................ 4,000
------------------
Total, subsidies and grants.............. $42,278
------------------------------------------------------------------------
Rural Business-Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $62,687,000 for the Rural Business Program Account.
The following table reflects the loan, subsidy, and grant levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Guaranteed loan authorization........................ ($919,765)
Guaranteed loan subsidy.............................. 35,687
Rural business development grants.................... 24,000
Delta Regional Authority............................. 3,000
------------------
Total, subsidy and grants........................ $62,687
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $9,685,000 for the Rural Development Loan Fund Program Account.
The agreement provides for a transfer of $4,468,000 to the Rural Development, Salaries and Expenses account.
The following table reflects the loan and subsidy levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorization................................... ($18,889)
Loan subsidy......................................... 5,217
Administrative expenses (Transfer to RD)............. 4,468
------------------
Total, subsidy and administrative expenses....... $9,685
------------------------------------------------------------------------
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $33,077,000 for the Rural Economic Development Loans Program Account.
The agreement does not increase funding for energy efficiency activities under the Rural Economic Development Loan and Grant Program, but rather funds implementation of section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a) through the Rural Utilities Service.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The agreement provides $22,050,000 for Rural Cooperative Development Grants.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $500,000 for the Rural Energy for America Program.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $522,365,000 for the Rural Water and Waste Disposal Program Account.
The agreement supports the Department's underlying adherence to free and open competition on water and waste projects as contained in 7 CFR 1780.70(b) and (d). However, there continues to be confusion with some vendors and contractors as to the procurement policies of specific materials. The agreement encourages USDA's Rural Utility Service to issue a memorandum as necessary to clarify that the agency does not advocate one specific material over another and reinforces that applicants take careful consideration of all materials suitable for each individual project including, but not be limited to, material service life and durability, ease of installation, and contractor familiarity with suitable materials. Moreover, deference to local authorities is encouraged on project design and material utilization insomuch as it adheres to nationally recognized standards to ensure the best option for their respective communities are incorporated.
The following table reflects the loan, subsidy, and grant levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans......................... ($1,200,000)
Water and waste guaranteed loans..................... (50,000)
Subsidies and grants:
Direct subsidy....................................... 31,320
Guaranteed loan subsidy.............................. 275
Water and waste revolving fund....................... 1,000
Water well system grants............................. 993
Grants for Colonias, Native Americans, and Alaskan 64,000
Native Villages.....................................
Water and waste technical assistance grants.......... 20,000
Circuit Rider program................................ 16,397
Solid waste management grants........................ 4,000
High energy cost grants.............................. 10,000
Water and waste disposal grants...................... 364,380
306A(i)(2) grants.................................... 10,000
------------------
Total, subsidies and grants...................... $522,365
------------------------------------------------------------------------
rural electrification and telecommunications loans program account
(including transfer of funds)
The agreement provides $34,811,000 for activities under the Rural Electrification and Telecommunications Loans Program Account. The agreement provides for an estimated loan level of $6,940,000,000.
The agreement provides for a transfer of $34,707,000 to the Rural Development, Salaries and Expenses account.
The following table indicates loan levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB.................................. ($5,500,000)
Guaranteed underwriting...................... (750,000)
------------------
Subtotal................................. (6,250,000)
Telecommunications............................... (690,000)
Loan subsidy:
Telecommunications direct........................ 104
------------------
Total, loan authorizations................... (6,940,000)
Administrative expenses (transfer to RD)......... 34,707
------------------
Total, Loan subsidies and administrative $34,811
expenses....................................
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $36,872,000 for the Distance Learning, Telemedicine, and Broadband Program.
The following table indicates loan levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorization:
Broadband telecommunications..................... ($20,576)
------------------
Total, loan authorization.................... (20,576)
Subsidies and grants:
Distance learning and telemedicine grants........ 22,000
Broadband telecommunications program:
Direct (treasury rate loans)................. 4,500
Grants....................................... 10,372
------------------
Total, subsidies and grants.............. $36,872
------------------------------------------------------------------------
TITLE IV--DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $811,000 for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.
An OIG report issued in September 2015 reviewed the FNS quality control process for SNAP error rates and found vulnerabilities in the methods used to determine the error rates and concluded FNS' quality control process understated SNAP's error rates. The OIG also completed an audit report in May 2015 to evaluate how FNS has attempted to lower the error rates for the National School Lunch Program and School Breakfast Program, which were about 15 percent and 26 percent, respectively, in fiscal year 2014. Within 90 days from the date of enactment of this Act, the Department is directed to provide a report on how FNS will address these two reports.
The Committees expect timely and sufficient notification of proposed FNS policy actions before such actions are implemented to allow the Committees to exercise their respective oversight responsibilities. FNS is directed to keep the Committees promptly informed of activities and issues that arise. FNS is reminded that the Committees reserve the right to call before them any agency to determine whether laws, programs and policy decisions are being implemented in accordance with the intent of Congress.
The agreement expects FNS to ensure that all parties that enter into a contract fulfill all required obligations. If requirements are not met, FNS should consider renegotiating contracts to ensure full cooperation on behalf of awardees.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $22,149,746,000 for Child Nutrition Programs. Included in the total is an appropriated amount of
$13,280,101,000 and a transfer from Section 32 of
$8,869,645,000.
Section 741 provides an additional one-time increase of
$5,000,000 for school meals equipment grants and $7,000,000 for summer EBT demonstration projects, bringing the total program levels for fiscal year 2016 to $30,000,000 and
$23,000,000, respectively.
Concerns remain about the challenges and costs that local schools face in implementing the Healthy, Hunger-Free Kids Act of 2010. Some schools are continuing to have difficulty complying with the whole grain requirements that went into effect on July 1, 2014, and there continues to be concern with further reductions in the sodium requirements for school meals. The Secretary provided guidance to States so that exemptions could be offered to school food authorities demonstrating a hardship from the current whole grain standards, as required by the fiscal year 2015 appropriations Act. This flexibility is extended for the 2016-17 school year. The agreement also continues a provision that sodium standards cannot be reduced below Target 1 until the latest scientific research establishes the reduction is beneficial for children.
The agreement provides the following for Child Nutrition Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program................................. $12,154,720
School breakfast program............................. 4,338,632
Child and adult care food program.................... 3,340,081
Summer food service program.......................... 555,729
Special milk program................................. 9,432
State administrative expenses........................ 270,878
Commodity procurement................................ 1,350,683
Food safety education................................ 2,761
Coordinated review................................... 10,000
Computer support and processing...................... 11,430
CACFP training and technical assistance.............. 13,137
Child Nutrition Program studies and evaluations...... 20,400
Child Nutrition payment accuracy..................... 10,562
Farm to school tactical team......................... 3,297
Team Nutrition....................................... 15,504
Healthier U.S. Schools Challenge..................... 1,500
School meals equipment grants........................ 25,000
Summer EBT demonstration............................. 16,000
------------------
Total............................................ $22,149,746
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The agreement provides $6,350,000,000 for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
Based upon revised USDA estimates, the agreement fully funds all eligible WIC participants in fiscal year 2016, and includes $60,000,000 for breastfeeding support initiatives and $13,600,000 for infrastructure. The agreement ensures that States can continue transitioning from paper checks and vouchers to an Electronic Benefit Transfer (EBT) system by providing the necessary funding for EBT from within the fiscal year 2015 recovery and carryover funds. EBT is a proven, effective tool in combatting waste, fraud, and abuse, and all WIC state agencies are mandated to have an EBT system in place by October 1, 2020.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $80,849,383,000 for the Supplemental Nutrition Assistance Program (SNAP). The agreement includes
$3,000,000,000 to be made available for a contingency reserve. The agreement provides a funding level for SNAP benefits as reflected in OMB's mid-session review of the budget.
The bill provides funding at the fiscal year 2015 level for Nutrition Education and Program Information and does not provide funding for new or existing Centers of Excellence, which have not been authorized by Congress.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits............................................. $70,124,319
Contingency Reserve.................................. 3,000,000
State Administrative Costs........................... 4,221,946
Nutrition Education and Obesity Prevention Grant 408,000
Program.............................................
Employment and Training.............................. 455,320
Mandatory Other Program Costs........................ 182,457
Discretionary Other Program Costs.................... 998
------------------
Administrative Subtotal.......................... 5,268,721
Nutrition Assistance for Puerto Rico (NAP)........... 1,959,136
Nutrition Assistance for American Samoa.............. 7,868
Food Distribution Program on Indian Reservations..... 145,191
TEFAP Commodities.................................... 318,000
Commonwealth of the Northern Mariana Islands......... 12,148
Community Food Projects.............................. 9,000
Program Access....................................... 5,000
------------------
Subtotal......................................... 2,456,343
------------------
Total........................................ $80,849,383
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement provides $296,217,000 for the Commodity Assistance Program. The agreement includes $222,198,000 for the Commodity Supplemental Food Program; $18,548,000 for the Farmers' Market Nutrition Program; and $54,401,000 for the Emergency Food Assistance Program.
NUTRITION PROGRAMS ADMINISTRATION
The agreement includes $150,824,000 for Nutrition Programs Administration.
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $191,566,000 for the Foreign Agricultural Service, Salaries and Expenses and transfers of
$6,394,000.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,528,000 for administrative expenses for the Food for Peace Title I Direct Credit and Food for Progress Program Account to be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,466,000,000 for Food for Peace Title II Grants.
The agreement also includes an additional one-time increase of $250,000,000, for a total level of $1,716,000,000 including $20,000,000 to reimburse the Bill Emerson Humanitarian Trust.
This increase is intended to respond to ongoing food assistance requirements as a result of growing conflicts throughout the world. Many countries such as Syria, Yemen, Iraq, and South Sudan have seen increases in internally displaced persons resulting in increased demand for food aid resources. This increase is also intended to respond to areas suffering from natural disasters.
The agreement directs the Administrator of the U.S. Agency for International Development to provide a report within 60 days of enactment of this Act, in conjunction with the Secretary of Agriculture, on the use of authorities under 7 U.S.C. 1736f(e) of the Food for Peace Act during fiscal year 2015 and planned uses for fiscal year 2016. The report shall include amounts broken down by commodities and alternative methods of delivery (cash, vouchers, etc.) spent on all types of activities including the Community Development Fund, Section 202(e) of the Food for Peace Act, conditional transfers of food aid, and monetization. The report shall also detail the amount of funds broken down by commodities and other methods of delivery for emergency activities originating from the Community Development Fund and Section 202(e).
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $201,626,000 for the McGovern-Dole International Food for Education and Child Nutrition Program.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $6,748,000 for the Commodity Credit Corporation Export Loans Credit Guarantee Program Account.
TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
The agreement provides $2,720,808,000 in new discretionary budget authority and $1,960,584,000 in definite user fees for a total of $4,681,392,000 for Food and Drug Administration, Salaries and Expenses. This total does not include permanent, indefinite user fees for the Mammography Quality Standards Act; Color Certification; Export Certification; Priority Review Vouchers (PRV) Pediatric Disease; Food and Feed Recall; Food Reinspection; Voluntary Qualified Importer Program; and the Third Party Auditor Program; and Outsourcing Facility. The agreement provides specific amounts by FDA activity as reflected in the following table:
=========================== NOTE ===========================
December 17, 2015, on page H9700, the following appeared: Program; Outsourcing Facility; Subtotal, Indefinite estimated at
$57,228,000. The agreement
The online version should be corrected to read: Program; and Outsourcing Facility. The agreement
========================= END NOTE =========================
FOOD AND DRUG ADMINISTRATION--SALARIES & EXPENSES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods............................................ $987,328
Center for Food Safety and Applied Nutrition..... 303,994
Field Activities............................. 683,334
Human Drugs...................................... 491,503
Center for Drug Evaluation and Research.......... 355,296
Field Activities............................. 136,207
Biologics........................................ 215,443
Center for Biologics Evaluation and Research..... 174,052
Field Activities............................. 41,391
Animal Drugs and Feeds........................... 158,652
Center for Veterinary Medicine................... 94,005
Field Activities............................. 64,647
Devices and Radiological Products................ 323,253
Center for Devices and Radiological Health....... 240,808
Field Activities............................. 82,445
National Center for Toxicological Research........... 63,331
Other Activities/Office of the Commissioner.......... 183,087
Office of the Commissioner....................... 48,167
Office of Foods and Veterinary Medicine.......... 20,841
Office of Medical and Tobacco Products........... 9,626
Office of Global Regulatory Operations and Policy 18,7652006
December 17, 2015, on page H9700, the following
appeared: Office of Global and Regulatory Policy
The online version should be corrected to read:
Office of Global Regulatory Operations and Policy
Office of Operations............................. 30,735
Office of the Chief Scientist.................... 25,943
Central Services................................. 27,510
Transfer to the HHS Office of Inspector General.. 1,500
White Oak Consolidation.............................. 48,044
Other Rent and Rent Related.......................... 73,484
GSA Rent............................................. 176,683
------------------
Subtotal, Budget Authority................... 2,720,808
User Fees:
Prescription Drug User Fee Act................... 851,481
Medical Device User Fee and Modernization Act.... 137,677
Human Generic Drug User Fee Act.................. 318,363
Biosimilar User Fee Act.......................... 21,540
Animal Drug User Fee Act......................... 22,818
Animal Generic Drug User Fee Act................. 9,705
Tobacco Product User Fees........................ 599,000
------------------
Subtotal, User Fees.......................... 1,960,584
------------------
Total, FDA Program Level................. $4,681,392
------------------------------------------------------------------------
The agreement includes the following increases in budget authority: $104,500,000 for food safety related activities;
$5,000,000 for FDASIA implementation; $8,732,000 for the Combating Antibiotic Resistant Bacteria (CARB) initiative;
$5,000,000 for foreign high-risk inspections; $2,392,000 for the precision medicine initiative; $2,500,000 for the Orphan Product Development Grants Program, and $716,000 for sunscreen activities. The agreement accepts $7,516,000 in proposed administrative savings, and expects FDA to continue all projects, activities, laboratories, and programs as included in fiscal year 2015 unless otherwise specified.
As part of the increases, the agreement provides the resources to fully fund the President's budget request for implementation of the Food Safety Modernization Act (FSMA). The agreement notes that FSMA implementation places additional requirements on state governments and private stakeholders, and therefore urges the FDA to focus resources on addressing these needs. Given the complexity of FSMA implementation, the agreement directs the FDA to provide quarterly reports to the Committees with a breakdown on how funding has been allocated, as well as projections for future needs. The agreement also directs the FDA to provide a detailed accounting of its food safety resources in the fiscal year 2017 budget request, including which pre-2011 base resources are now repurposed for activities in support of FSMA and which resources are the result of appropriated increases from fiscal years 2011 to 2016, a detailed explanation of what the FDA has accomplished with increased food safety resources since fiscal year 2011, and how the aggregate total of these base resources for food safety will be utilized in fiscal year 2017.
The agreement provides an increase of $10,608,000 for medical product safety initiatives including efforts to combat antibiotic resistant bacteria as part of the National Strategy for CARB, the Precision Medicine initiative, and to evaluate over-the-counter sunscreen products. In addition, the agreement provides increases for orphan drug development grants given that the number of requests for orphan designation has more than tripled since 2000.
The $5,000,000 increase provided in the agreement for foreign high-risk inspections will allow FDA's Office of the Global Regulatory Operations Policy to continue efforts to develop and utilize a targeted, risk-based, and efficient inspection model that incorporates commercially available information on high-risk establishments for onsite verifications.
The agreement includes $5,000,000 for FDA to complete a feasibility study to update and issue a revised Master Plan for land inside and contiguous to the White Oak campus in order to address its expanded workforce and the facilities needed to accommodate them. The agreement directs FDA to report on this effort by January 1, 2016.
The agreement acknowledges some progress in FDA's effort to address issues with products that are biosimilar to and interchangeable with FDA-licensed biological drug products. In August of this year, the FDA issued draft guidance and a proposed rule regarding naming of these products. However, the agreement remains concerned that FDA needs to provide the public with a greater opportunity to review and comment on all regulatory standards for the approval and oversight of biosimilar drugs. Therefore, FDA is directed to provide the Committees with an estimated timeline by which the agency will finalize all pending draft biosimilars guidance documents and regulations. The Committees expect to receive this report no later than 60 days after enactment.
There continue to be shortages of critical drugs following the enactment of the Food and Drug Safety and Innovation Act, including national shortages of drugs to test for and treat tuberculosis (TB). The Commissioner is directed to continue to prioritize the public reporting of manufacturing shortages, and to work with industry to prevent conditions that might lead to drug shortages. Additionally, the Commissioner is directed to report on the work of the FDA's intra-agency Drug Shortages Task Force, including how it works with other government agencies and outside stakeholders to address drug shortages. The report should specify what activities the Task Force has undertaken to prevent drug shortages affecting pediatric patients, including working with outside experts on this issue. The Commissioner is further directed to report on steps the FDA can take to prevent TB drug shortages and help maintain an adequate supply.
The agreement provides bill language pertaining to the use of partially hydrogenated oils (PHO) in food products. The language declares that foods with PHOs are neither unsafe nor adulterated during FDA's three year compliance period and provides businesses legal protection while they phase out the use of PHOs. Simultaneously, FDA is encouraged to provide a timely review of the Food Additive Petition which addresses minor uses of PHOs for certain baking and processing needs.
The agreement provides $1,000,000 for the Center for Tobacco Products to enter into a contract with the Institute of Medicine to conduct an in-depth evaluation of available evidence of health effects from e-cigarettes and recommendations for future federally funded research.
The agreement directs that the FDA ensure that pregnant women receive final guidance on nutrition advice for what seafood is safe and healthy to consume that is consistent, understandable, and based on the FDA's latest scientific review of the net effects of seafood consumption.
The agreement is concerned about the safety issues raised at the Obstetrics and Gynecology Devices Panel of the Medical Devices Advisory Committee meeting on September 24, 2015, and directs the FDA to issue recommendations on how to address these concerns by March 1, 2016.
The agreement remains concerned about the FDA's reliance on the use of draft guidance to make substantive policy decisions. The agreement requests a report documenting the agency's review and solicitation of scientific data impacting bioequivalence standards and patients suffering from ophthalmologic conditions.
BUILDINGS AND FACILITIES
The agreement provides $8,788,000 for the Food and Drug Administration Buildings and Facilities.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For the Commodity Futures Trading Commission, the agreement provides an appropriation of $250,000,000, of which
$50,000,000 is for the purchase of IT. The agreement includes
$2,620,000 for the Office of Inspector General. Of this amount, not more than $330,000 shall be for overhead expenses.
The agreement directs the Commission to comply with the directive regarding swap dealer de minimis in H. Rpt. 114- 205.
During collective bargaining agreement negotiations, the Commission is directed to make commitments based upon its current funding situation rather than its proposed budget requests. Consistent with House Report 114-205 and Senate Report 114-97, the agreement directs the Commission to not increase personnel costs, either through excessive hiring, budgetary mismanagement, or collective bargaining agreement negotiations, that would risk any furloughs or reductions-in- force.
The agreement directs the Commission, in accordance with the President's ``Reduce the Federal Footprint'' initiative, to find ways to decrease space and renegotiate leasing agreements. The agreement directs the CFTC to report to the Committee within 90 days of enactment of this act on steps the agency is taking to dispose of excess space and reduce rental costs in each building currently leased by the Commission.
Consistent with Section 618 of Division E of Public Law 113-235, the Commission is directed to consult with the General Services Administration in fiscal year 2016 prior to issuing a solicitation for offers of new leases or construction contracts and prior to entering into negotiations for succeeding leases.
The agreement includes bill language allowing the Commission to make accounting adjustments through reopening of closed Treasury accounts for the sole purpose of properly recording prior year leasing payment obligations.
The agreement directs the CFTC to submit, within 30 days of enactment, a detailed spending plan for the allocation of the funds made available, displayed by discrete program, project, and activity, including staffing projections, specifying both FTEs and contractors, and planned investments in information technology.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $65,600,000 on administrative expenses of the Farm Credit Administration.
TITLE VII--GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The agreement includes language making funds available for the purchase, replacement, and hire of passenger motor vehicles.
Section 702.--The agreement includes language regarding transfers of funds to the Working Capital Fund of the Department of Agriculture.
Section 703.--The agreement includes language limiting funding provided in the bill to one year unless otherwise specified.
Section 704.--The agreement includes language regarding indirect cost rates on cooperative agreements between the Department of Agriculture and nonprofit institutions.
Section 705.--The agreement includes language making appropriations to the Department of Agriculture for the cost of direct and guaranteed loans available until expended to disburse certain obligations for certain Rural Development programs.
Section 706.--The agreement includes language regarding the transfer of funds to the Office of the Chief Information Officer and the acquisition of information technology systems.
Section 707.--The agreement includes language making funds available until expended to the Department of Agriculture to disburse certain obligations for certain conservation programs.
Section 708.--The agreement includes language regarding Rural Utilities Service program eligibility.
Section 709.--The agreement includes language regarding funds for information technology expenses.
Section 710.--The agreement includes language prohibiting first-class airline travel.
Section 711.--The agreement includes language regarding the availability of certain funds of the Commodity Credit Corporation.
Section 712.--The agreement includes language regarding funding for advisory committees.
Section 713.--The agreement includes language regarding the limitation on indirect costs for grants awarded by the National Institute of Food and Agriculture.
Section 714.--The agreement includes language regarding a limitation and rescission of funds.
Section 715.--The agreement includes language regarding child nutrition programs.
Section 716.--The agreement includes language regarding user fee proposals without offsets.
Section 717.--The agreement includes language regarding the reprogramming of funds and notification requirements.
Section 718.--The agreement includes language regarding fees for the guaranteed business and industry loan program.
Section 719.--The agreement includes language regarding the appropriations hearing process.
Section 720.--The agreement includes language regarding government-sponsored news stories.
Section 721.--The agreement includes language regarding details and assignments of Department of Agriculture employees.
Section 722.--The agreement includes language regarding the Department of Agriculture's mohair program.
Section 723.--The agreement includes language requiring spend plans.
Section 724.--The agreement includes language regarding the Food for Peace Act.
Section 725.--The agreement includes language regarding Rural Development programs.
Section 726.--The agreement includes language regarding USDA loan programs.
Section 727.--The agreement includes language regarding USDA loan programs.
Section 728.--The agreement includes language regarding emergency spending.
Section 729.--The agreement includes language regarding the Working Capital Fund of the Department of Agriculture.
Section 730.--The agreement includes language regarding purchases made through nutrition programs.
Section 731.--The agreement includes language regarding the Emergency Community Water Assistance Grant Program.
Section 732.--The agreement includes language regarding the Agriculture and Food Research Initiative.
Section 733.--The agreement includes language regarding school meal programs.
Section 734.--The agreement includes language regarding the Dietary Guidelines for Americans.
Section 735.--The agreement includes language regarding the Dietary Guidelines for Americans.
Section 736.--The agreement includes language regarding the rescission of certain unobligated balances.
Section 737.--The agreement includes language regarding nutrition research.
Section 738.--The agreement includes language regarding the rescission of certain unobligated balances.
Section 739.--The agreement includes language regarding the rescission of certain unobligated balances.
Section 740.--The agreement includes language regarding marketing programs.
Section 741.--The agreement includes language regarding nutrition programs.
Section 742.--The agreement includes language regarding the rescission of certain unobligated balances.
Section 743.--The agreement includes language regarding housing loan programs.
Section 744.--The agreement includes language regarding the Rural Utilities Service.
Section 745.--The agreement includes language regarding a redirection of funds.
Section 746.--The agreement includes language regarding consumer information.
Section 747.--The agreement includes language regarding menu labeling.
Section 748.--The agreement includes language regarding the Food for Peace Act.
Section 749.--The agreement includes language regarding tissue regulation.
Section 750.--The agreement includes language regarding animal feed.
Section 751.--The agreement includes language regarding nutrition programs.
Section 752.--The agreement includes language regarding animal health.
Section 753.--The agreement includes language regarding APHIS regulation.
Section 754.--The agreement includes language regarding FDA regulation.
Section 755.--The agreement includes language regarding food safety.
Section 756.--The agreement includes language regarding hardwood trees.
Section 757.--The agreement includes language regarding the Water Bank Act.
Section 758.--The agreement includes language regarding Rural Economic Area Partnership Zones.
Section 759.--The agreement includes language regarding country of origin labeling.
Section 760.--The agreement includes language regarding housing programs.
Section 761.--The agreement includes language regarding FDA regulation.
Section 762.--The agreement includes language regarding the Rural Housing Service.
Section 763.--The agreement includes language regarding industrial hemp.
Section 764.--The agreement includes language regarding the Animal and Plant Health Inspection Service.
Section 765.--The agreement includes language regarding the Food and Drug Administration.
Section 766.--The agreement includes language regarding the Food and Drug Administration.
Section 767.--The agreement includes language regarding the use of funds for certain horse inspection activities.
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DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Report language included in House Report 114-130 (``the House report'') or Senate Report 114-66 (``the Senate report'') that is not changed by this explanatory statement or this Act is approved. The explanatory statement, while repeating some language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. In cases where both the House report and the Senate report address a particular issue not specifically addressed in the explanatory statement, the House report and the Senate report should be read as consistent and are to be interpreted accordingly. In cases where the House report or the Senate report directs the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow the directions set forth in this Act and the accompanying explanatory statement, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to: funds provided in this Act; unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal year 2016; and non-appropriated resources such as fee collections that are used to meet program requirements in fiscal year 2016. These procedures are specified in section 505 of this Act.
Any reprogramming request shall include any out-year budgetary impacts and a separate accounting of program or mission impacts on estimated carryover funds. Any program, project or activity cited in this statement, or in the House report or the Senate report and not changed by this Act or statement, shall be construed as the position of the Congress and shall not be subject to reductions or reprogramming without prior approval of the Committees. Further, any department or agency funded in this Act that plans a reduction-in-force shall notify the Committees by letter no later than 30 days in advance of the date of any such planned personnel action.
When a department or agency submits a reprogramming or transfer request to the Committees and does not receive identical responses, it shall be the responsibility of the department or agency seeking the reprogramming to reconcile the differences between the two bodies before proceeding. If reconciliation is not possible, the items in disagreement in the reprogramming or transfer request shall be considered unapproved. Departments and agencies shall not submit reprogramming notifications after July 1, 2016, except in extraordinary circumstances. Any such notification shall include a description of the extraordinary circumstances.
In compliance with section 534 of this Act, each department and agency funded in this Act shall submit spending plans, signed by the respective department or agency head, for the Committees' review not later than 45 days after enactment of this Act.
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
This Act includes $493,000,000 in total resources for the programs of the International Trade Administration (ITA). This amount is offset by $10,000,000 in estimated fee collections, resulting in a direct appropriation of
$483,000,000. This Act includes an increase in funding above the fiscal year 2015 enacted level for Enforcement and Compliance activities. ITA shall make enforcement of antidumping and countervailing duties a priority, including thoroughly investigating the extent of harm caused to domestic industries and reducing case backlogs.
Fee collections.--ITA is directed to include an accurate estimate of fee collections in the fiscal year 2017 budget submission. Fees have been underestimated each year since fiscal year 2009, by an average of 13 percent and by as much as 22 percent. ITA shall also include an accurate assessment of expected fee collections and corresponding expenditures in the fiscal year 2016 spending plan, and shall report to the Committees on updated fee projections on a quarterly basis thereafter.
Foreign Trade Zones (FTZ).--Of the amounts provided for ITA in this Act, $5,000,000 shall not be available until 15 days following the delivery of a report and certification from the FTZ Board to the Committees on Appropriations. The report shall include: (1) a survey of all current and past business models utilized by FTZ grantees for zone management and administration activities; (2) specific impacts 15 CFR 400.43 has or may have on these various business models; (3) the specific activities and components of current and past business models that are allowed under partial and full waivers granted by the FTZ Board, as of the date of enactment of this Act pursuant to this regulation; and (4) the specific steps the FTZ Board will take to ensure that all FTZ grantees are in compliance with the regulation. The FTZ Board shall simultaneously provide a certified list of the specific business practices and business models that a FTZ grantee would need to achieve in order to qualify for a waiver under the regulation.
Trade enforcement.--The Act provides up to $10,000,000 for the Interagency Trade Enforcement Center (ITEC), provided that the Department of Commerce shall lead ITEC, with the Office of the United States Trade Representative (USTR) providing an advisory and assistance role. Within funds provided, ITA shall oversee and support the full salary of the ITEC director and no funds shall be transferred to any other agency but shall remain within ITA's Enforcement and Compliance Unit, except that FTEs included under this account may be housed outside of the Department through an interagency agreement. The agreement strongly supports the continued interagency partnership that has been developed through ITEC to advance our nation's business and trade interests. Not later than June 30, 2016, ITA, in coordination with USTR, shall submit an action plan to the Committees detailing any changes necessary to meet this directive. The action plan shall be submitted for approval by the Committees, and subject to that approval, the transition of ITEC leadership shall be completed no later than November 15, 2016.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
This Act includes $112,500,000 for the Bureau of Industry and Security.
Economic Development Administration
This Act includes $261,000,000 for the programs and administrative expenses of the Economic Development Administration (EDA). Section 524 of this Act includes a rescission of $10,000,000 in Economic Development Assistance Program balances. The funds shall be derived from recoveries and unobligated grant funds.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
This Act includes $222,000,000 for Economic Development Assistance Programs. Funds are to be distributed as follows; any deviation of funds shall be subject to the procedures set forth in section 505 of this Act:
------------------------------------------------------------------------
------------------------------------------------------------------------
Public Works......................................... $100,000,000
Partnership Planning................................. 32,000,000
Technical Assistance................................. 10,500,000
Research and Evaluation.............................. 1,500,000
Trade Adjustment Assistance.......................... 13,000,000
Economic Adjustment Assistance....................... 35,000,000
Assistance to Coal Communities....................... 15,000,000
Section 27 Regional Innovation Program Grants........ 15,000,000
------------------
Total............................................ $222,000,000
------------------------------------------------------------------------
Regional Innovation Program.--In lieu of Senate language regarding regional innovation grants under Economic Adjustment Assistance, the agreement provides $15,000,000 for the Regional Innovation Program.
Economic Adjustment Assistance.--In lieu of Senate language regarding 40 U.S.C. 14101 et seq., the agreement provides no less than the fiscal year 2015 level of support for States covered under that section.
salaries and expenses
This Act includes $39,000,000 for EDA salaries and expenses.
Minority Business Development Agency
minority business development
This Act includes $32,000,000 for the Minority Business Development Agency.
Economic and Statistical Analysis
salaries and expenses
This Act includes $109,000,000 for Economic and Statistical Analysis.
International trade statistics.--In lieu of House language under the heading ``Bureau of the Census, Current Surveys and Programs,'' the Department is directed to report, on not less than a quarterly basis, statistics on each individual country with which the United States has a trade agreement. Such statistics shall be included as part of the Department's regular reporting on U.S. International Transactions Accounts and shall include, but not be limited to, U.S. exports, imports, and balance, by country. The Department is further directed to submit a progress report on this effort to the Committees within 120 days of enactment of this Act.
Bureau of the Census
This Act includes $1,370,000,000 for the Bureau of the Census.
current surveys and programs
This Act includes $270,000,000 for the Current Surveys and Programs account of the Bureau of the Census.
periodic censuses and programs
(including transfer of funds)
In lieu of House and Senate language regarding specific funding levels under the Periodic Censuses and Programs account, the Act includes $1,100,000,000 for these activities. The Bureau is directed to prioritize increases in spending on activities that have the greatest potential to reduce cost and risk for the 2020 Census, as well as activities to reduce survey respondent burden. The spend plan referenced in Section 534 of this Act shall include a proposed allocation of increases in funding for each activity under this account.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
This Act includes $39,500,000 for the Salaries and Expenses of the National Telecommunications and Information Administration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
This Act includes language making available to the United States Patent and Trademark Office (USPTO) $3,272,000,000, the full amount of offsetting fee collections estimated for fiscal year 2016.
National Institute of Standards and Technology
This Act includes $964,000,000 for the National Institute of Standards and Technology (NIST).
scientific and technical research and services
(including transfer of funds)
This Act provides $690,000,000 for NIST's Scientific and Technical Research and Services (STRS) account. Funding provided for STRS includes the requested increases for Disaster Resilient Buildings and Infrastructure, Strengthening NIST Cryptographic Capabilities, the Materials Genome Initiative, and Quantum-Based Sensors and Measurements. Additionally, the Act provides up to the fiscal year 2015 enacted level for Lab to Market activities and for Standards Coordination and Special Programs. Senate language regarding the National Strategy for Trusted Identities in Cyberspace (NSTIC) is adopted, including integration of its activities into the National Cybersecurity Center of Excellence (NCCoE). The NCCoE is thus funded at $31,500,000, and no separate appropriation is provided for NSTIC.
Forensics.--The agreement does not adopt House report language regarding Forensic Science Advisory Committee activities. Instead, the agreement acknowledges a transfer of
$3,000,000, the current funding level, from the Department of Justice to NIST to support ongoing interagency forensic programs.
Metals-based additive manufacturing.--In lieu of Senate language under Industrial Technology Services, up to
$5,000,000 is provided for these purposes under this heading.
industrial technology services
This Act includes $155,000,000 for Industrial Technology Services, including $130,000,000 for the Hollings Manufacturing Extension Partnership and $25,000,000 for the National Network for Manufacturing Innovation (NNMI), to include funding for center establishment and up to $5,000,000 for coordination activities. The agreement also merges the activities of the Advanced Manufacturing Technology Consortia
(AMTech) into NNMI. NIST shall follow the direction of the Revitalize American Manufacturing and Innovation Act of 2014
(Public Law 113-235) in requiring open competition to select the technological focus areas of industry-driven manufacturing institutes.
construction of research facilities
This Act includes $119,000,000 for Construction of Research Facilities, including no less than $60,000,000 to begin the design and renovation of its outdated and unsafe radiation physics infrastructure in fiscal year 2016. Additional Senate direction regarding NIST construction is adopted by reference. NIST shall also provide a detailed spending plan to the Committees no later than 60 days after enactment of this Act documenting how NIST will allocate funds to address existing construction projects, address maintenance needs across its campuses, and plan for the continued renovation of its radiation physics infrastructure in future fiscal years.
National Oceanic and Atmospheric Administration
This Act includes total appropriations of $5,765,579,000 for the National Oceanic and Atmospheric Administration
(NOAA). The agreement does not include section 570 of the House bill regarding the National Ocean Policy. No funding was provided in fiscal year 2015, and none was requested by any agencies funded in this Act in fiscal year 2016, to implement the National Ocean Policy. Consequently, no funds for National Ocean Policy activities are included for any agency funded in this Act.
operations, research, and facilities
(including transfer of funds)
This Act includes a total program level of $3,453,477,000 under this account for the coastal, fisheries, marine, weather, satellite and other programs of NOAA. This total funding level includes $3,305,813,000 in direct appropriations; a transfer of $130,164,000 from balances in the ``Promote and Develop Fishery Products and Research Pertaining to American Fisheries'' fund; and $17,500,000 is derived from recoveries of prior year obligations.
The following narrative descriptions and tables identify the specific activities and funding levels included in this Act:
National Ocean Service.--$500,100,000 is for the National Ocean Service.
Navigation, Observations and Positioning.--Senate language is modified to stipulate that not more than 7 percent of funds available for the Hydrographic Survey Priorities/ Contracts program may be used for internal Hydrographic Survey Priorities/Contracts program management costs.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $149,000
Integrated Ocean Observing System Regional 29,500
Observations.......................................
Hydrographic Survey Priorities/Contracts............ 27,000
-----------------
Navigation, Observations and Positioning.............. 205,500
=================
Coastal Science and Assessment
Coastal Science, Assessment, Response and 72,600
Restoration........................................
Competitive External Research....................... 9,000
-----------------
Coastal Science and Assessment........................ 81,600
=================
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 40,000
Coastal Management Grants........................... 75,000
Coral Reef Program.................................. 26,000
Sanctuaries and Marine Protected Areas.............. 49,000
National Estuarine Research Reserve System.......... 23,000
-----------------
Ocean and Coastal Management and Services............. 213,000
=================
Total, National Ocean Service, Operations, Research, $500,100
and Facilities.......................................
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National Marine Fisheries Service (NMFS).--$849,497,000 is for NMFS Operations, Research, and Facilities.
Hatchery genetic management plans.--The agreement adopts the House language requiring a comprehensive plan to address the backlog of Hatchery Genetic Management plans and directs NOAA to increase funding for the review of these plans above the fiscal year 2015 level.
Gulf of Mexico reef fish stock assessments.--The agreement adopts House and Senate language regarding reef fish in the Gulf of Mexico. The agreement provides $5,000,000 within the amount provided for Fisheries Data Collections, Surveys, and Assessments, and $5,000,000 within the amount provided for Sea Grant for the purposes stated in the House and Senate reports. The Committees direct NOAA to, in addition to current surveys and assessments, use fishery independent data that includes surveying and assessing red snapper populations on and aggregated near marine structures including offshore oil and gas platforms, artificial reefs, and structures created in the Gulf of Mexico and naturally occurring reefs and rock structures. NOAA shall ensure the research supported by this funding is complementary between respective line offices and not duplicative. Additionally, NOAA shall provide the Committees with a plan for these research efforts, and how they will be coordinated, not later than 45 days after enactment of this Act. The Committees strongly encourage NOAA to incorporate data from all external assessments carried out under this paragraph at the earliest possible date, but not later than fiscal year 2017, for the purposes of determining reef fish quotas and Annual Catch Limits in the Gulf of Mexico. NOAA shall report to the Committees, within 45 days of enactment, any impediments to incorporating these data for such purposes.
The Committees remain gravely concerned with red snapper management in the Gulf of Mexico and the unacceptably short recreational fishing season. NOAA is directed to consider the impacts of sector separation created by amendments to any fishery management plan for the Gulf of Mexico, particularly negative impacts on private anglers. The agreement adopts Senate language urging NOAA to consider increasing the recreational fishery allocation. While all sectors have faced challenges in the Gulf red snapper fishery, the private boat recreational sector has been especially impacted. NOAA shall brief the Committees on Appropriations on its efforts to address this matter no later than 30 days after enactment of this Act, at which time NOAA shall provide a comprehensive plan to address the concerns of recreational anglers.
Fishery cooperatives.--The agreement adopts the House language on fishery cooperatives, and directs the submission of the required report no later than 30 days after enactment of this Act.
Tribal support.--The agreement modifies House language and encourages NOAA to support the coastal impacts mitigation efforts of coastal tribal communities through NOAA's ongoing efforts at storm surge and coastal inundation modeling, sea level prediction, and related information services. Such information is essential to understanding severe weather- related risks facing such communities, and could prove valuable in the efforts of these communities to secure mitigation and relocation assistance from Federal and state agencies.
Marine Recreational Information Program (MRIP).--The agreement clarifies the Senate language regarding MRIP. No funding is provided in this Act for the full operational transition to a new MRIP methodology. Funding may be used to continue testing, development, and side-by-side comparison of the new methodology with the current MRIP model, including activities planned for fiscal year 2016 in the May 5, 2015 report entitled ``Transition Plan for the Fishing Effort Survey.'' No funds shall be available for the full operational transition to a new MRIP methodology until NMFS also improves its stock assessments and surveys to account for fish inhabiting areas of artificial reefs and fixed offshore energy infrastructure.
Non-releasable marine mammals.--Not later than 45 days following enactment of this Act, NMFS shall provide a report to the Committees on Appropriations detailing the process used to prioritize qualified facilities for the placement of live, non-releasable, stranded marine mammals. The report shall include specific factors used for such placements, including the weight given to a facility's geographic proximity to the stranding location and past experience of caring for non-releasable marine mammals. Furthermore, the report shall provide a comprehensive list of each U.S. facility that received a non-releasable marine mammal since 2010, including the number and type of marine mammals and associated costs incurred for each by NMFS.
Non-native predators.--The Committees are encouraged by the steps that NOAA has taken, in consultation with the United States Fish and Wildlife Service, the Bureau of Reclamation, States, and other stakeholders, to evaluate and implement projects that could improve protection and recovery of endangered salmon. The Committees encourage NOAA to continue consultations with Federal, State, and local agencies to develop additional activities that could aid in mitigating or removing non-native predators that prey on endangered salmon.
Electronic monitoring.--The Committees are concerned with NMFS's failure to account for significant factors in its June 10, 2015, report entitled, ``A Preliminary Cost Comparison of At Sea Monitoring and Electronic Monitoring for a Hypothetical Groundfish Sector.'' The Committees have strongly supported NMFS's research of electronic monitoring programs to streamline processes, reduce costs, and strengthen management of our nation's commercial fisheries. Not later than 120 days following enactment of this Act, NMFS shall provide a new report to the Committees detailing cost estimates for an electronic monitoring program for the same hypothetical sector that uses cost-savings suggested but not included in estimates in the June 10, 2015, report. Furthermore, NMFS is directed to apply other applicable, practical cost-saving measures not mentioned in the previous report in the new estimates.
Coastal Ecosystem Resiliency Grants.--The Act provides
$10,000,000 within Habitat Conservation and Restoration to continue the coastal ecosystems resiliency grants program established in fiscal year 2015.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles and Other Species....... $110,246
Species Recovery Grants............................. 6,000
Atlantic Salmon..................................... 6,163
Pacific Salmon...................................... 60,000
-----------------
Protected Resources Science and Management............ 182,409
=================
Fisheries Science and Management
Fisheres and Ecosystem Science Programs and Services 139,489
Fisheries Data Collections, Surveys and Assessments. 163,271
Observers and Training.............................. 43,655
Fisheries Management Programs and Services.......... 115,995
Aquaculture......................................... 6,300
Salmon Management Activities........................ 31,500
Regional Councils and Fisheries Commissions......... 33,470
Interjurisdictional Fisheries Grants................ 3,000
-----------------
Fisheries Science and Management...................... 536,680
=================
Enforcement........................................... 69,000
=================
Habitat Conservation and Restoration.................. 61,408
=================
Total, National Marine Fisheries Service, Operations, $849,497
Research, and Facilities.............................
------------------------------------------------------------------------
Oceanic and Atmospheric Research.--$461,898,000 is for Oceanic and Atmospheric Research Operations, Research, and Facilities.
Joint Technology Transfer Initiative.--The agreement adopts House language regarding the Joint Technology Transfer Initiative and provides $6,000,000 for this purpose. NOAA shall provide the Committees a detailed spending and implementation plan for this initiative not later than 60 days after the enactment of this Act.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $60,000
Regional Climate Data and Information............... 38,000
Climate Competitive Research, Sustained Observations 60,000
and Regional Information...........................
-----------------
Climate Research...................................... 158,000
=================
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 76,000
U.S. Weather Research Program....................... 8,000
Tornado Severe Storm Research/Phased Array Radar.... 13,158
Joint Technology Transfer Initiative................ 6,000
-----------------
Weather and Air Chemistry Research.................... 103,158
=================
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 32,000
National Sea Grant College Program.................. 64,000
Marine Aquaculture Program.......................... 9,000
Ocean Exploration and Research...................... 32,000
Integrated Ocean Acidification...................... 10,000
Sustained Ocean Observations and Monitoring......... 41,596
-----------------
Ocean, Coastal and Great Lakes Research............... 188,596
=================
High Performance Computing Initiatives................ 12,144
=================
Total, Office of Oceanic and Atmospheric Research, $461,898
Operations, Research, and Facilities.................
------------------------------------------------------------------------
National Weather Service (NWS).--$988,834,000 is for NWS Operations, Research, and Facilities.
National Mesonet Program.--The agreement provides
$18,000,000 for the continuation and expansion of the National Mesonet Program. Additional Senate direction on Mesonet is adopted by reference.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations.......................................... $216,363
Central Processing.................................... 92,871
Analyze, Forecast and Support......................... 496,031
Dissemination......................................... 44,743
Science and Technology Integration.................... 138,826
=================
Total, National Weather Service, Operations, Research, $988,834
and Facilities.......................................
------------------------------------------------------------------------
National Environmental Satellite, Data and Information Service.--$189,086,000 is for National Environmental Satellite, Data and Information Service Operations, Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Satellite and Product Operations............ $102,000
=================
Product Development, Readiness and Application........ 26,000
=================
Commercial Remote Sensing Regulatory Affairs........ 1,000
Office of Space Commercialization................... 600
Group on Earth Observations......................... 500
-----------------
Environmental Satellite Observing Systems............. 130,100
=================
National Environmental Information Office............. 58,986
=================
Total, National Environmental Satellite, Data and $189,086
Information Service, Operations, Research, and
Facilities...........................................
------------------------------------------------------------------------
Program Support.--$464,062,000 is for Program Support.
PROGRAM SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Program Support
Corporate Services
Under Secretary and Associate Offices............. $27,000
NOAA-Wide Corporate Services and Agency Management 115,000
DOC Accounting System............................. 10,000
Payment to the DOC Working Capital Fund........... 43,000
IT Security....................................... 8,300
NOAA Facilities Management, Maintenance, 23,000 Construction and Safety..........................
-----------------
Corporate Services and Facilities................... 226,300
=================
NOAA Education Program
BWET Regional Programs............................ 7,200
Education Partnership Program/Minority Serving 14,431 Institutions.....................................
NOAA Education Program Base....................... 5,000
-----------------
NOAA Education Program.............................. 26,631
=================
Program Support....................................... 252,931
=================
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... 178,838
Aviation Operations and Aircraft Services........... 32,293
-----------------
Office of Marine and Aviation Operations.............. 211,131
=================
Total, Program Support and OMAO, Operations, Research, $464,062
and Facilities.......................................
------------------------------------------------------------------------
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(Including Transfer of Funds)
This Act includes a total program level of $2,413,416,000 in direct obligations for NOAA Procurement, Acquisition and Construction (PAC), of which $2,400,416,000 is appropriated from the general fund and $13,000,000 is derived from recoveries of prior year obligations. The following narrative and table identify the specific activities and funding levels included in this Act:
Polar Follow-on.--The Act provides $370,000,000 for NOAA's Polar Follow-on mission, but does not include funding for the proposed and experimental Earth Observing Nanosatellite- Microwave component. NOAA's mission for polar orbiting weather satellites continues on a tenuous path. NOAA shall focus on procuring the next series of satellites for the JPSS constellation, using proven sensors and platforms, to achieve the program's budgetary estimates and launch schedule.
Space Weather Follow-On.--The agreement includes $1,200,000 for the activities identified in the Senate report and non- Federal awards for a study or studies to evaluate low-cost alternatives for a space weather constellation to support operational forecasting needs. The study or studies shall examine the feasibility of improving forecast warning times and geographic precision in those forecasts.
Senate language regarding a report on initial findings is adopted by reference and shall be submitted to the Committees no more than one year after enactment of this Act. This report shall include an inventory of all existing and planned space weather assets held by NOAA and NOAA's partners, to include each asset's function, operation and maintenance expenses, and lifetime cost estimates, and shall identify any potential gaps in data needed for space weather forecasting.
New Vessel Construction.--The agreement provides
$80,050,000 for new vessel construction for NOAA's fleet, contingent upon delivery of the latest fleet modernization and recapitalization plan to the Committees on Appropriations. Such funds shall be competitively awarded and target replacing one of NOAA's oldest vessels currently in operation, per the request. Funding for vessel outfitting and sensor development is expected to be requested in subsequent fiscal years. The agreement supports the Senate's direction that NOAA shall work with the United States Navy in providing program management and contract award support.
Commercial Weather Data Pilot.--NOAA shall, through an open competitive process, seek to enter into at least one pilot contract to assess the potential viability of commercial weather data in its weather modeling and forecasting. This funding shall be used to purchase, evaluate, and calibrate available data, which meets the standards and specifications set by NOAA in its Commercial Data Policy. NOAA shall provide the Committees a report on how it plans to implement the commercial weather data pilot program not later than 60 days after the enactment of this Act.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
National Estuarine Research Reserve Construction.... $1,700
Marine Sanctuaries Construction..................... 2,000
-----------------
Total, National Ocean Service, Procurement, 3,700
Acquisition and Construction.........................
=================
Office of Oceanic and Atmospheric Research
Systems Acquisition
Research Supercomputing/CCRI...................... 20,079
=================
National Weather Service
Systems Acquisition
Observations...................................... 16,720
Central Processing................................ 64,261
Dissemination..................................... 45,684
-----------------
Subtotal, Natonal Weather Service, Systems 126,665
Acquisition........................................
-----------------
Weather Forecast Office Construction.............. 8,650
-----------------
Total, National Weather Service - PAC................. 135,315
=================
National Environmental Satellite, Data and Information
Service
Systems Acquisition
GOES R............................................ 871,791
Polar Follow-on................................... 370,000
Space Weather Follow-on........................... 1,200
Jason-3........................................... 7,458
Joint Polar Satellite System (JPSS)............... 808,966
Solar Irradiance, Data and Rescue................. 500
DSCOVR............................................ 3,200
COSMIC 2.......................................... 10,100
Satellite Ground Services......................... 54,000
System Architecture and Advanced Planning......... 3,929
Projects, Planning, and Analysis.................. 25,200
Commercial Weather Data Pilot..................... 3,000
-----------------
Subtotal, NESDIS Systems Acquisition................ 2,159,344
-----------------
Construction
Satellite CDA Facility............................ 2,228
-----------------
Total, NESDIS - PAC................................... 2,161,572
=================
Program Support
Office of Marine and Aviation Operations
Fleet Replacement
Fleet Capital Improvements and Technology Infusion 11,700
New Vessel Construction............................. 80,050
NOAA Construction................................... 1,000
-----------------
Subtotal, OMAO...................................... 92,750
-----------------
Total, Program Support - PAC.......................... 92,750
=================
Total, Procurement, Acquisition, and Construction..... $2,413,416
------------------------------------------------------------------------
PACIFIC COASTAL SALMON RECOVERY
This Act includes $65,000,000 for Pacific Coastal Salmon Recovery.
FISHERMEN'S CONTINGENCY FUND
This Act includes $350,000 for the Fishermen's Contingency Fund.
FISHERIES FINANCE PROGRAM ACCOUNT
This Act includes language under this heading limiting obligations of direct loans to $24,000,000 for Individual Fishing Quota loans and $100,000,000 for traditional direct loans.
Departmental Management
SALARIES AND EXPENSES
This Act includes $58,000,000 for Departmental Management salaries and expenses.
RENOVATION AND MODERNIZATION
This Act includes $19,062,000 for continuing renovation activities only at the Herbert C. Hoover Building.
OFFICE OF INSPECTOR GENERAL
This Act includes a total of $36,853,000 for the Office of Inspector General. This amount includes $32,000,000 in direct appropriations, a $2,000,000 transfer from USPTO, a transfer of $1,551,000 from the Bureau of the Census, Periodic Censuses and Programs, and $1,302,000 from NOAA PAC for audits and reviews of those programs.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
This Act includes the following general provisions for the Department of Commerce:
Section 101 makes funds available for advanced payments only upon certification of officials, designated by the Secretary, that such payments are considered to be in the public interest.
Section 102 makes appropriations for Department Salaries and Expenses available for hire of passenger motor vehicles, for services, and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requires 15 days advance notification to the Committees on Appropriations for certain actions.
Section 104 provides congressional notification requirements for NOAA satellite programs and includes life cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within Department of Commerce buildings.
Section 106 clarifies that grant recipients under the Department of Commerce may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.
Section 107 provides the NOAA Administrator with the authority to avail NOAA of needed resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA.
Section 108 prohibits the National Technical Information Service from charging for certain services.
Section 109 provides NOAA with authority to waive certain bond requirements.
Section 110 prohibits funds for certain fishery management policies in the Gulf of Mexico.
Section 111 authorizes NOAA to receive payments from other entities to defray some costs of permitting and regulatory activities.
Section 112 provides the Economics and Statistics Administration certain authority to enter into cooperative agreements.
TITLE II--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
This Act includes $111,500,000 for General Administration, Salaries and Expenses.
Multi-agency heroin report.--The Department of Justice
(DOJ) shall submit to the Committees on Appropriations, no later than December 31, 2015, the final report of the multi- agency heroin working group, to include guidelines for law enforcement, best practices for a coordinated community response, and policy recommendations for combatting heroin.
Federal water usage violations.--The agreement does not adopt language in either the House or the Senate report regarding Federal water usage violations.
Office of Legislative Affairs (OLA).--DOJ is directed to make it a priority to respond courteously and expeditiously to Congressional requests for OLA assistance, as specified in the Senate report.
Cell-Site Simulator (CSS) technology.--Funds provided in this Act shall be used only to deploy or facilitate the use of CSS technology for criminal investigations if such use complies fully with DOJ guidance issued on September 3, 2015. The Department shall ensure its guidance is followed strictly, to include compliance with requirements of the Fourth Amendment and the Pen Register Act. As directed in the guidance, CSS technology must be configured only as pen registers and may not be used to collect content of any communication or subscriber account information. In addition, Departmental guidance to be implemented includes conducting comprehensive and consistent training on the appropriate use of CSS technology; adopting rigorous practices for handling and retaining data acquired through the use of this technology; and scrupulously auditing the use of such technology.
Expenditure plan.--Section 534 of this Act requires submission of an annual expenditure plan for the Department of Justice and its components. DOJ is directed to include within this submission any additional programmatic or agency spending plans called for in the House and Senate reports.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
This Act includes $31,000,000 for Justice Information Sharing Technology.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
This Act includes $426,791,000 for the Executive Office for Immigration Review (EOIR) and the Office of the Pardon Attorney (OPA), of which $4,000,000 is derived by transfer from fee collections. Any plan to augment OPA staffing in fiscal year 2016 through the transfer or temporary assignment of non-OPA employees shall be subject to the procedures set forth in section 505 of this Act.
The agreement includes funds for 55 new Immigration Judge
(IJ) Teams, enhancements in teleconferencing and information technology, and support for immigration enforcement initiatives. The funding is intended to support hiring and on-boarding all new judges and associated support teams by November 2016.
EOIR performance reporting.--EOIR is directed to submit monthly performance and operating reports to the Committees on Appropriations. The reports shall include information on hiring progress, to include: the current number of sitting IJs, distinguishing between those that are full- and part- time; the number of judges recalled from retirement or other employment status; the number of temporary judges, whether recruited from non-judge or other judicial ranks; and the numbers of attorneys, clerks and other staff on-board. The reports shall describe hiring progress by identifying vacant positions, target dates for filling those positions, their stage in the hiring pipeline (e.g., whether offers of employment have been made, and if so, whether candidates are in employment processing, training, or other pre-employment status), and the current average time for hiring a new immigration judge.
The report shall also include case processing information, broken out by Department of Homeland Security priority code, as follows: the number of initial case receipts and number of associated case completions, noting whether they represent IJ Decisions or Other Completions; average case processing time; and, for each case code, the number of pending cases and the average case age. Finally, the report shall include summary data on the number of IJ decisions for Voluntary Departures and Removals, including the number of removal decisions made in absentia, and the impact of EOIR implementation of electronic registry, filing, and case information applications on productivity and backlog reduction.
OFFICE OF INSPECTOR GENERAL
This Act includes $93,709,000 for the Office of Inspector General (OIG).
Right to access.--The agreement adopts House bill language within title V of this division providing all Inspectors General within this Act full access to documents and other material. Senate report language requesting a report from the OIG on the effectiveness of this provision is adopted.
United States Parole Commission
SALARIES AND EXPENSES
This Act includes $13,308,000 for the salaries and expenses of the United States Parole Commission. New language is included to allow a sitting Commissioner to continue to serve until a successor has been appointed.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
This Act includes $893,000,000 for General Legal Activities. The Department is directed to allocate its legal activities resources to provide increases for the Criminal Division and INTERPOL Washington, and sustain funding for the Civil Rights Division at no less than the fiscal year 2015 level.
VACCINE INJURY COMPENSATION TRUST FUND
This Act includes a reimbursement of $9,358,000 for DOJ expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99--660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
This Act includes $164,977,000 for the Antitrust Division. This appropriation is offset by an estimated $124,000,000 in pre-merger filing fee collections, resulting in a direct appropriation of $40,977,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
This Act includes $2,000,000,000 for the Executive Office for United States Attorneys and the 94 United States Attorneys' offices, of which $25,000,000 shall remain available until expended. Within funding provided, DOJ shall enhance efforts to combat cybercrime and cybersecurity; child sexual exploitation; financial and mortgage fraud; drug trafficking, including of opioids and prescription drugs; and sex and labor trafficking.
UNITED STATES TRUSTEE SYSTEM FUND
This Act includes $225,908,000 for the United States Trustee Program (USTP). The Act includes new language regarding the appropriations of funds for USTP and the offset of such appropriations by fee collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
This Act includes $2,374,000 for the Foreign Claims Settlement Commission.
FEES AND EXPENSES OF WITNESSES
This Act includes $270,000,000 for Fees and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
This Act includes $14,446,000 for the Community Relations Service. Within funding provided, the Department shall sustain efforts related to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act at not less than the fiscal year 2015 level.
ASSETS FORFEITURE FUND
This Act includes $20,514,000 for the Assets Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
This Act includes $1,230,581,000 for the salaries and expenses of the United States Marshals Service (USMS). Within funding provided, USMS shall provide support at no less than the fiscal year 2015 levels for efforts to operate anti-gang units within its Regional Fugitive Task Forces, and to implement the Adam Walsh Child Protection and Safety Act of 2006.
CONSTRUCTION
This Act includes $15,000,000 for construction and related expenses in space controlled, occupied or utilized by the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
This Act includes $1,454,414,000 for Federal Prisoner Detention.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
This Act includes $95,000,000 for the salaries and expenses of the National Security Division (NSD). Within the funding provided, NSD shall strengthen its support of the Intelligence Community in identifying and disrupting cyber threats.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
This Act includes $512,000,000 for the Organized Crime and Drug Enforcement Task Forces. While decision unit designations proposed in the House report are not adopted, the Department shall identify funding provided for such units in its fiscal year 2016 spending plan and the fiscal year 2017 budget request.
Federal Bureau of Investigation
SALARIES AND EXPENSES
This Act includes $8,489,786,000 for the salaries and expenses of the Federal Bureau of Investigation (FBI), including $1,693,000,000 for Intelligence, $3,440,786,000 for Counterterrorism and Counterintelligence, $2,885,000,000 for Criminal Enterprises and Federal Crimes, and $471,000,000 for Criminal Justice Services. Within counterterrorism and counterintelligence funding, the FBI shall continue to support operations of the Terrorist Explosive Device Analytical Center (TEDAC) and the Hazardous Devices School
(HDS), as proposed by the Senate.
Human trafficking investigations.--The FBI is directed to provide increased support to local field offices to enhance efforts to combat human and sex trafficking, including the apprehension of perpetrators who use online classified advertising websites to facilitate the sexual exploitation of children around large sporting events.
CONSTRUCTION
This Act includes $308,982,000 for FBI construction, to include $52,000,000 for TEDAC construction, operations and maintenance, and $8,000,000 for explosive range improvements, as proposed in the Senate report.
This Act includes $180,000,000 for the construction of a new FBI Headquarters in the National Capital region. The Committees on Appropriations are aware that the FBI plans to allocate a total of $315,000,000 of FBI resources for needed design and preconstruction activities including land acquisition and site preparation. The FBI may use up to
$135,000,000 of prior year balances starting in fiscal year 2016 to achieve this total goal, subject to the reprogramming procedures in section 505 of this Act. In October 2015, the Office of Management and Budget, the General Services Administration (GSA), and the FBI announced a commitment and partnership to build a new FBI headquarters campus that will fully consolidate FBI headquarters operations. In providing this funding, it is understood that the President's budget request for fiscal year 2017 will include adequate resources for the partners to complete the new headquarters expeditiously.
Drug Enforcement Administration
SALARIES AND EXPENSES
This Act includes a direct appropriation of $2,080,000,000 for the salaries and expenses of the Drug Enforcement Administration (DEA). In addition, DEA expects to derive
$371,514,000 from fees deposited in the Diversion Control Fund to carry out the Diversion Control Program. The agreement also includes language under the Community Oriented Policing Services Programs account transferring $11,000,000 to DEA for methamphetamine lab cleanup.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
This Act includes $1,240,000,000 for the salaries and expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
This Act includes $6,948,500,000 for the salaries and expenses of the Federal Prison System, including
$2,643,500,000 for Inmate Care and Programs, $3,050,000,000 for Institution Security and Administration, $1,055,000,000 for Contract Confinement, and $200,000,000 for Management and Administration. Within the funding provided, the Bureau of Prisons (BOP) shall add additional correctional officers for high-security institution housing units, as requested. In addition, BOP shall include detailed, project-specific information on activations in the spending plan required by this Act.
BUILDINGS AND FACILITIES
This Act includes $530,000,000 for the construction, acquisition, modernization, maintenance and repair of prison and detention facilities housing Federal inmates. Within this amount not less than $444,000,000 is for costs related to construction of new facilities. Also within this amount, not less than $86,000,000 is for maintenance and repairs of existing facilities, to include inmate work areas, of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs, and of which up to
$13,000,000 can be used for the cost of base construction staff and operations.
BOP shall proceed with ongoing planned and associated new construction efforts to meet projected capacity requirements, as identified in its monthly status of construction reports to the Committees on Appropriations. BOP is directed to continue to provide such reports, along with notifications and explanations of any deviation from construction and activation schedules, and any planned adjustments or corrective actions. Meritorious requests to fund new facilities or expand existing ones should be included in future budget submissions, based on the rigorous capital planning process described in the Senate report.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
This Act includes a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated.
State and Local Law Enforcement Activities
In total, this Act includes $2,574,960,000 for State and local law enforcement and crime prevention programs. This amount includes $2,502,960,000 in discretionary budget authority, of which $379,000,000 is derived by transfer from the Crime Victims Fund. This amount also includes $72,000,000 scored as mandatory for Public Safety Officer Benefits.
House and Senate report language regarding management and administration expenses is adopted by reference, and it is clarified that the Department's methodology for assessing these costs should be both fair and equitable across all grant programs.
Duplication of State and local law enforcement grant programs.--The Department is directed to prepare a report, to be submitted to the Committees on Appropriations with its fiscal year 2016 spending plan, which provides information regarding any overlap between the State and local law enforcement grant programs. The report shall include details related to the duplication of: grant program missions and objectives, equipment acquisition, training opportunities, and eligible recipient agencies and organizations.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
This Act includes $480,000,000 for the Office on Violence Against Women. These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants........................................... $215,000
Transitional Housing Assistance....................... 30,000
Research and Evaluation on Violence Against Women..... 5,000
Consolidated Youth-Oriented Program................... 11,000
Grants to Encourage Arrest Policies................... 51,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services....................... 35,000
Rural Domestic Violence and Child Abuse Enforcement... 34,000
Violence on College Campuses.......................... 20,000
Civil Legal Assistance................................ 45,000
Elder Abuse Grant Program............................. 5,000
Family Civil Justice.................................. 16,000
Education and Training for Disabled Female Victims.... 6,000
National Resource Center on Workplace Responses....... 500
Research on Violence Against Indian Women............. 1,000
Indian Country--Sexual Assault Clearinghouse.......... 500
Tribal Special Domestic Violence Criminal Jurisdiction 2,500
Rape Survivor Child Custody Act....................... 2,500
=================
TOTAL, Violence Against Women Prevention and $480,000
Prosecution Programs...............................
------------------------------------------------------------------------
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
This Act provides $116,000,000 for the Research, Evaluation and Statistics account. These funds are distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $41,000
National Institute of Justice......................... 36,000
Regional Information Sharing Activities............... 35,000
Forensics Initiative.................................. 4,000
Transfer to NIST.................................... (3,000)
=================
TOTAL, Research, Evaluation and Statistics.......... $116,000
------------------------------------------------------------------------
state and local law enforcement assistance
This Act includes $1,408,500,000 for State and Local Law Enforcement Assistance programs. These funds are distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............. $476,000
Officer Robert Wilson III VALOR Initiative.......... (15,000)
Domestic Radicalization Research.................... (4,000)
Smart Policing...................................... (5,000)
Smart Prosecution................................... (2,500)
Convention security................................. (100,000)
NamUS............................................... (2,400)
State Criminal Alien Assistance Program............... 210,000
Victims of Trafficking Grants......................... 45,000
Drug Courts........................................... 42,000
Mentally Ill Offender Act............................. 10,000
Residential Substance Abuse Treatment................. 12,000
Capital Litigation and Wrongful Conviction Review..... 2,500
Economic, High-tech and Cybercrime Prevention......... 13,000
Intellectual Property Enforcement Program........... (2,500)
John R. Justice Grant Program......................... 2,000
Adam Walsh Act Implementation......................... 20,000
Children Exposed to Violence Initiative............... 8,000
Bulletproof Vests Partnerships........................ 22,500
Transfer to NIST/OLES............................... (1,500)
National Sex Offender Public Website.................. 1,000
Violent Gang and Gun Crime Reduction.................. 6,500
National Instant Criminal Background Check System 73,000
(NICS) Initiative....................................
NICS Act Record Improvement Program................. (25,000)
Paul Coverdell Forensic Science....................... 13,500
DNA Initiative........................................ 125,000
Debbie Smith DNA Backlog Grants..................... (117,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (4,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) 45,000
Backlog..............................................
CASA--Special Advocates............................... 9,000
Tribal Assistance..................................... 30,000
Second Chance Act/Offender Reentry.................... 68,000
Smart Probation..................................... (6,000)
Children of Incarcerated Parents Demo Grants........ (5,000)
Pay for Success..................................... (7,500)
Project HOPE Opportunity Probation with Enforcement. (4,000)
Veterans Treatment Courts............................. 6,000
Prescription Drug Monitoring.......................... 13,000
Prison Rape Prevention and Prosecution................ 10,500
Comprehensive School Safety Initiative................ 75,000
Community trust initiative:........................... 70,000
Body Worn Camera Partnership Program................ (22,500)
Justice Reinvestment Initiative..................... (27,500)
Research and statistics on community trust.......... (5,000)
Byrne Criminal Justice Innovation Program........... (15,000)
=================
TOTAL, State and Local Law Enforcement Assistance... $1,408,500
------------------------------------------------------------------------
Human trafficking.--The agreement includes $45,000,000 for victims of human trafficking. The Office of Justice Programs shall consult with stakeholders in determining the overall allocation of this funding, including amounts allocated to assist foreign national victims, and such details shall be included in the spending plan required by this Act.
juvenile justice programs
This Act includes $270,160,000 for Juvenile Justice programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants.......................... $58,000
Emergency Planning--Juvenile Detention Facilities... (500)
Youth Mentoring Grants................................ 90,000
Title V--Delinquency Prevention Incentive Grants...... 17,500
Tribal Youth........................................ (10,000)
Gang and Youth Violence Education and Prevention.... (5,000)
Children of Incarcerated Parents Web Portal......... (500)
Girls in the Justice System......................... (2,000)
Victims of Child Abuse Programs....................... 20,000
Community-Based Violence Prevention Initiatives....... 8,000
Missing and Exploited Children Programs............... 72,160
Training for Judicial Personnel....................... 2,000
Improving Juvenile Indigent Defense................... 2,500
=================
TOTAL, Juvenile Justice............................. $270,160
------------------------------------------------------------------------
Missing and exploited children.--Of the amount provided, up to $1,000,000 is provided to employ wounded, ill, or injured veterans to support child exploitation investigations.
public safety officer benefits
(Including Transfer of Funds)
This Act includes $88,300,000 for the Public Safety Officer Benefits program for fiscal year 2016. Within the funds provided, $72,000,000 is for death benefits for survivors, an amount estimated by the Congressional Budget Office that is considered mandatory for scorekeeping purposes. In addition,
$16,300,000 is provided for disability benefits for public safety officers permanently and totally disabled as a result of a catastrophic injury and for education benefits for the spouses and children of officers killed in the line of duty or permanently and totally disabled as a result of a catastrophic injury sustained in the line of duty.
Community Oriented Policing Services
community oriented policing services programs
(Including Transfer of Funds)
This Act includes $212,000,000 for Community Oriented Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups...... $11,000
COPS Hiring Grants.................................... 187,000
Tribal Resources Grant Program...................... (30,000)
Community Policing Development/Training and (10,000)
Technical Assistance...............................
Collaborative Reform Model.......................... (10,000)
Anti-Methamphetamine Task Forces...................... 7,000
Anti-Heroin Task Forces............................... 7,000
=================
TOTAL, Community Oriented Policing Services......... $212,000
------------------------------------------------------------------------
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
This Act includes the following general provisions for the Department of Justice:
Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided in this title.
Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or incest, or to preserve the life of the mother.
Section 203 prohibits the use of funds to require any person to perform or facilitate the performance of an abortion.
Section 204 establishes that the Director of the Bureau of Prisons (BOP) is obliged to provide escort services to an inmate receiving an abortion outside of a Federal facility, except where this obligation conflicts with the preceding section.
Section 205 establishes requirements and procedures for transfer proposals.
Section 206 makes funds available for retention pay for certain employees.
Section 207 prohibits the use of funds for transporting prisoners classified as maximum or high security, other than to a facility certified by the BOP as appropriately secure.
Section 208 prohibits the use of funds for the purchase or rental by Federal prisons of audiovisual or electronic media or equipment, services and materials used primarily for recreational purposes, except for those items and services needed for inmate training, religious or educational purposes.
Section 209 requires review by the Deputy Attorney General and the Department Investment Review Board prior to the obligation or expenditure of funds for major information technology projects.
Section 210 requires the Department to follow reprogramming procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided in previous years.
Section 211 prohibits the use of funds for A-76 competitions for work performed by employees of BOP or Federal Prison Industries, Inc.
Section 212 prohibits U.S. Attorneys from holding additional responsibilities that exempt U.S. Attorneys from statutory residency requirements.
Section 213 permits up to 3 percent of grant and reimbursement program funds made available to the Office of Justice Programs to be used for training and technical assistance, and permits up to 2 percent of grant funds made available to that office to be used for criminal justice research, evaluation and statistics by the National Institute of Justice and the Bureau of Justice Statistics. Senate language regarding a tribal set-aside is not adopted.
Section 214 gives the Attorney General the authority to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; State, tribal and local reentry courts; drug treatment programs; and prison rape elimination programs.
Section 215 waives the requirement that the Attorney General reserve certain funds from amounts provided for offender incarceration.
Section 216 prohibits funds, other than funds for the national instant criminal background check system established under the Brady Handgun Violence Prevention Act, from being used to facilitate the transfer of an operable firearm to a known or suspected agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm.
Section 217 places limitations on the obligation of funds from certain Department of Justice accounts and funding sources.
Section 218 makes certain funding unavailable for obligation until the Attorney General demonstrates that the Department of Justice has implemented or is implementing Office of Inspector General recommendations with regard to the Department's handling of allegations of sexual harassment and misconduct, and requires the DOJ Inspector General to report on the status of that implementation.
Section 219 authorizes certain funding to be made available for use in Performance Partnership Pilots.
TITLE III--SCIENCE
Office of Science and Technology Policy
This Act includes $5,555,000 for the Office of Science and Technology Policy.
National Aeronautics and Space Administration
This Act includes $19,285,000,000 for the National Aeronautics and Space Administration (NASA).
In lieu of House language regarding submission of reports on certain NASA missions, the agreement requires NASA to provide semiannual briefings on the Asteroid Redirect Mission; Europa; the James Webb Space Telescope; Orion and the Space Launch System; and programs listed by NASA in its Management and Performance, Cost and Schedule Performance Summary from its fiscal year 2016 budget submission. NASA shall notify the Committees on Appropriations at any point during the fiscal year, should circumstances warrant, regarding any significant changes to the progress of these programs.
In lieu of House language regarding a termination liability policy, the agreement directs NASA to vigorously pursue a termination liability policy that maximizes the use of appropriated funds and directs NASA to submit such a termination liability policy to the Committees no later than 180 days after enactment of this Act.
SCIENCE
This Act includes $5,589,400,000 for Science.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Science
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Earth Science......................................... $1,921,000
Planetary Science..................................... 1,631,000
Astrophysics.......................................... 730,600
James Webb Space Telescope............................ 620,000
Heliophysics.......................................... 649,800
Education............................................. 37,000
=================
Total, Science...................................... $5,589,400
------------------------------------------------------------------------
Earth Science.--This Act includes $1,921,000,000 for Earth Science. In lieu of House and Senate matter regarding Landsat, this agreement provides $100,000,000 for Landsat-9, of which up to $58,000,000 may be derived from prior year balances. NASA shall develop Landsat-9 as a copy of Landsat-8 and shall maintain a target launch date of calendar year 2020. The agreement reiterates House and Senate language regarding the Thermal Infrared Free-Flyer. NASA is encouraged to continue technology development activities that will reduce the cost of Landsat-10. The agreement includes Senate direction on Pre-Aerosol, Clouds, and Oceans Ecosystem
(PACE). NASA shall not count carryover from fiscal year 2015 toward the $75,000,000 included for PACE in the agreement.
Planetary Science.--This Act includes $1,631,000,000 for Planetary Science. Of this amount, $261,000,000 is for Outer Planets, of which $175,000,000 is for the Jupiter Europa clipper mission and clarifies that this mission shall include an orbiter with a lander that will include competitively selected instruments and that funds shall be used to finalize the mission design concept with a target launch date of 2022. The agreement provides $189,000,000 for Discovery to support the current selection as well as funds to enable a 2017 announcement of opportunity to support Discovery missions that reflect decadal survey priorities and maximize the participation of the academic community. The agreement includes $197,000,000 for Planetary Science Technology, to include no less than $25,000,000 as recommended by the House for icy satellites surface technology. The agreement modifies House language to provide $15,000,000, as requested, for plutonium-238 activities and provides $250,000,000 for the Mars 2020 mission. Within funding for Near Earth Object Observations, $6,100,000 is for Asteroid Impact and Deflection Assessment (AIDA). In future requests, NASA shall identify total resources for AIDA and the associated Double Asteroid Redirection Test funded within AIDA.
Astrophysics.--This Act includes $730,600,000 for Astrophysics, including $90,000,000 for Wide-Field Infrared Survey Telescope (WFIRST). The agreement adopts Senate direction with regard to WFIRST, a mission being developed to meet decadal survey goals in observation of dark energy and exoplanets. The agreement provides $85,200,000 for the Stratospheric Observatory for Infrared Astronomy (SOFIA) and acknowledges that NASA has determined that it will not include SOFIA in its 2016 Astrophysics Senior Review since SOFIA has not yet met established requirements for inclusion in a Senior Review. The Committees support this decision and do not provide any funds in this Act for the inclusion of SOFIA in such a review.
Education and Public Outreach (EPO).--This Act includes
$37,000,000 for EPO, as an independent line within the Science Mission Directorate, to be administered by the Astrophysics Division.
AERONAUTICS
This Act includes $640,000,000 for Aeronautics.
SPACE TECHNOLOGY
This Act includes $686,500,000 for Space Technology. Within these amounts, $133,000,000 is for satellite servicing/ RESTORE-L activities as described in the Senate report. This funding is in addition to any funding within Space Operations to continue International Space Station (ISS)-unique satellite servicing activities. The Space Technology funding for satellite servicing shall not support any activities needed solely for the Asteroid Redirect Mission but may support activities that support both projects such as manipulators or software development. Along with the spending plan required under section 534 and any subsequent updates, NASA shall identify any shared technologies, along with the funding resources required to support that technology development and how those technologies are required by RESTORE-L. In lieu of House language on nuclear propulsion technologies, the agreement provides up to $20,000,000 for these activities. No funds are recommended for icy satellites surface technology in this account as proposed by the House; instead, $25,000,000 is provided for these activities within the Planetary Science program. In lieu of Senate language on Flight Opportunities, the recommendation includes $15,000,000 for these activities.
EXPLORATION
Exploration.--This Act includes $4,030,000,000 for Exploration activities and emphasizes House and Senate language regarding human spaceflight safety standards.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Exploration
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Orion Multi-purpose Crew Vehicle...................... $1,270,000
Space Launch System................................... 2,000,000
Exploration Ground System............................. 410,000
Exploration Research and Development.................. 350,000
=================
Total, Exploration*................................. $4,030,000
------------------------------------------------------------------------
*The Exploration account does not include funds for Commercial Crew;
funds for Commercial Crew are included in the Space Operations
account.
Exploration systems development.--The agreement provides
$1,270,000,000 for the Orion Multi-purpose Crew Vehicle and
$2,000,000,000 for the Space Launch System (SLS), including up to $50,000,000 for integration activities. Within amounts provided for SLS, the agreement provides no less than
$85,000,000 for development of an enhanced upper stage that is intended to be the human-rated upper stage engine for Exploration Mission (EM)-2. NASA shall not expend funds human rating the interim cryogenic propulsion stage. In lieu of Senate language on Advanced Exploration Systems, no less than
$55,000,000 is provided for a habitation augmentation module to maximize the potential of the SLS/Orion architecture in deep space. NASA shall develop a prototype deep space habitation module within the advanced exploration systems program no later than 2018 and provide a report within 180 days after enactment, and annually thereafter, regarding the status and obligation of funding for the program. The first such report shall include an analysis to determine the appropriate management structure for this program. The agreement adopts House and Senate language regarding funding to human rate all systems prior to EM-2 and notes that additional funds above the request have been provided to address this untenable gap presented by NASA in its budget request. The agreement modifies House reporting requirements for integrated launch readiness and exploration goals and directs that NASA submit a comprehensive report within one year of enactment, utilizing the 130 metric ton SLS, that addresses items as directed by the House.
SPACE OPERATIONS
Space Operations.--This Act provides $5,029,200,000 for Space Operations, including resources for the ISS which is the proving ground for technologies that will support human exploration farther into space while also testing technologies for improving life on Earth. Not less than
$15,000,000 is to continue satellite servicing activities; additional funds for satellite servicing activities are included within the Space Technology Account. The recommendation includes $30,300,000 as directed by the Senate for the 21st Century Space Launch Complex program. The agreement acknowledges that recoveries of prior year obligations are available in this account.
Commercial Crew.--This Act provides up to $1,243,800,000 for NASA's Commercial Crew Transportation Capability to safely send the Nation's astronauts to and from the ISS by 2017. The Committees note that NASA notified Congress in an August 2015 letter of its decision to modify an existing contract with the Russian government for crew transportation services beyond 2017. That decision was made prior to any final action by Congress on NASA's Commercial Crew Transportation Capability funding for fiscal year 2016. The funds provided in this Act enable NASA to follow the fastest path to independence from Russia by providing for continuing development of a domestic crew launching capability. If necessary, NASA may derive resources for milestone payments from funds set aside for Russia by NASA for ISS crew launches scheduled to occur after U.S. providers will be operational in 2017. NASA shall reevaluate its need to procure additional seats from Russia in consideration of the funding level being provided within the Space Operations account.
The agreement adopts Senate language providing for the availability of funds related to Space Shuttle Program closeout activities. NASA shall use prior year unobligated balances or recoveries within Space Operations to pay administrative expenses associated with these activities.
EDUCATION
This Act includes $115,000,000 for Education.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Education
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
NASA Space Grant...................................... $40,000
Experimental Program to Stimulate Competitive Research 18,000
Minority University Research Education Program........ 32,000
STEM Education and Accountability Projects............ 25,000
=================
Total, Education.................................... $115,000
------------------------------------------------------------------------
safety, security and mission services
This Act includes $2,768,600,000 for Safety, Security and Mission Services, including $39,100,000 for Independent Verification and Validation services as directed by the Senate and up to $366,000,000 for Agency Management. The agreement adopts Senate language regarding cybersecurity, strong governance and information security and provides up to the full request for these activities. The agreement acknowledges that recoveries of prior year obligations are available in this account.
construction and environmental compliance and restoration
This Act includes $388,900,000 for Construction and Environmental Compliance and Restoration.
office of inspector general
This Act includes $37,400,000 for the Office of Inspector General.
administrative provisions
(including transfers of funds)
This Act includes the following administrative provisions for NASA:
a provision that makes funds for announced prizes available without fiscal year limitation until the prize is claimed or the offer is withdrawn; a provision that establishes terms and conditions for the transfer of funds; a provision that subjects the NASA spending plan and specified changes to that spending plan to reprogramming procedures under section 505 of this Act; a provision that allows the transfer of unexpired balances for commercial spaceflight activities contained within the Exploration account to the Space Operations account; and a provision extending the availability of appropriations previously appropriated to the Space Shuttle program that have expired through 2025.
National Science Foundation
This Act includes $7,463,485,000 for the National Science Foundation (NSF). The agreement modifies House language regarding transparency and accountability by encouraging NSF to continue efforts to implement transparency processes, which includes requiring that public award abstracts articulate how the project serves the national interest, and provide periodic updates to the Committees on these activities. The agreement modifies House language regarding replicability of scientific research to direct that NSF provide periodic updates on its framework for ongoing and future improvements in this area.
research and related activities
This Act includes $6,033,645,000 for Research and Related Activities. Within this amount, no less than $160,000,000 is for the Experimental Program to Stimulate Competitive Research. The agreement includes $146,930,000 as recommended by the House for the neuroscience and cognitive science research done through NSF's Understanding the Brain (UtB) activity, which includes the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) initiative, and clarifies that $3,000,000 of the funds provided for UtB shall support NSF's participation in the interagency National Brain Observatory as recommended by the House. House report language regarding the Decadal Survey of Ocean Sciences is adopted and the agreement clarifies that NSF shall work with the community to identify alternative operating options for global class vessels with unique marine seismology capabilities. The agreement includes no less than
$160,000,000 for cybersecurity research. In lieu of House language regarding funding percentages for certain activities, the agreement provides that funds for Social, Behavioral and Economic Sciences shall be up to the fiscal year 2015 level.
major research equipment and facilities construction
This Act includes $200,310,000 for Major Research Equipment and Facilities Construction.
National Ecological Observatory Network (NEON).--NSF shall submit to the Committees on Appropriations within 180 days of enactment of this Act: an independent assessment (such as an audit) of the revised cost estimate to complete NEON, accompanied by a statement of actions taken to resolve any issues identified in the cost assessment; a revised lifecycle cost estimate, including operations and maintenance; revised and updated procedures for NSF to ensure proper use of appropriated funds; and a plan to ensure greater NSF oversight of costs, schedule, and performance over the lifecycle of NEON and other large facility projects.
EDUCATION AND HUMAN RESOURCES
This Act includes $880,000,000 for Education and Human Resources (EHR), including $35,000,000 for the Historically Black Colleges and Universities Program; $46,000,000 for the Louis Stokes Alliance for Minority Participation; $14,000,000 for the Tribal Colleges and Universities Program; $62,500,000 for the Advanced Informal STEM Learning program, including no less than $5,000,000 for out of classroom educational experiences as directed by the House; and $50,000,000 for CyberCorps: Scholarships for Service, including no less than
$7,500,000 for qualified community colleges as directed by the Senate.
agency operations and award management
This Act includes $330,000,000 for Agency Operations and Award Management.
office of the national science board
This Act includes $4,370,000 for the National Science Board.
office of inspector general
This Act includes $15,160,000 for the Office of Inspector General.
administrative provision
This Act includes a provision that establishes terms and conditions for the transfer of funds.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
This Act includes $9,200,000 for the Commission on Civil Rights.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
This Act includes $364,500,000 for the Equal Employment Opportunity Commission (EEOC). Up to $29,500,000 shall be for payments to State and local enforcement agencies to ensure that the EEOC provides adequate resources to its State and local partners.
International Trade Commission
SALARIES AND EXPENSES
This Act includes $88,500,000 for the International Trade Commission.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
This Act includes $385,000,000 for the Legal Services Corporation.
Marine Mammal Commission
SALARIES AND EXPENSES
This Act includes $3,431,000 for the Marine Mammal Commission.
Office of the United States Trade Representative
SALARIES AND EXPENSES
This Act includes $54,500,000 for the Office of the U.S. Trade Representative.
The agreement supports efforts to enforce U.S. rights under trade agreements and to increase compliance with trade agreement provisions by U.S. trade agreement partners. If the Trade Enforcement Fund is authorized under the Trade Facilitation and Trade Enforcement Act of 2015, the Committees will work diligently with the relevant authorizing committees in future fiscal years to determine appropriations needed to successfully implement the Fund.
State Justice Institute
SALARIES AND EXPENSES
This Act includes $5,121,000 for the State Justice Institute.
TITLE V--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
This Act includes the following general provisions:
Section 501 prohibits the use of funds for publicity or propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly provided.
Section 503 provides that the expenditure of any appropriation contained in this Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or existing Executive Order issued pursuant to existing law.
Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act and the application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employee; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any function or activity presently performed by Federal employees; (7) augments funds for existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. Language is included requiring the Department of Justice to notify the Committees 45 days in advance of any such reprogramming.
Section 506 provides that if it is determined that any person intentionally affixes a ``Made in America'' label to any product that was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this Act. The section further provides that to the extent practicable, with respect to purchases of promotional items, funds made available under this Act shall be used to purchase items manufactured, produced or assembled in the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the status of balances of appropriations.
Section 508 provides that any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in this Act, or, for the Department of Commerce, from actions taken for the care and protection of loan collateral or grant property, shall be absorbed within the budgetary resources available to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. This provision is not intended to impact routine international trade services to all U.S. citizens, including the processing of applications to establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice funds for programs that discriminate against or denigrate the religious or moral beliefs of students participating in such programs.
Section 512 prohibits the transfer of funds in this Act to any department, agency or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities provided in, this Act or any other appropriations Act.
Section 513 provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act.
Section 514 requires certain timetables of audits performed by Inspectors General of the Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation and the Legal Services Corporation and sets limits and restrictions on the awarding and use of grants or contracts funded by amounts appropriated by this Act.
Section 515 prohibits funds for acquisition of certain information systems unless the acquiring department or agency has reviewed and assessed certain risks. Any acquisition of such an information system is contingent upon the development of a risk mitigation strategy and a determination that the acquisition is in the national interest. The Federal Bureau of Investigation is required to develop best practices for supply chain risk management. Each department or agency covered under section 515 shall submit a quarterly report to the Committees on Appropriations describing reviews and assessments of risk made pursuant to this section and any associated findings or determinations.
Section 516 prohibits the use of funds in this Act to support or justify the use of torture by any official or contract employee of the United States Government.
Section 517 prohibits the use of funds in this Act to require certain export licenses.
Section 518 prohibits the use of funds in this Act to deny certain import applications regarding ``curios or relics'' firearms, parts or ammunition.
Section 519 prohibits the use of funds to include certain language in trade agreements.
Section 520 prohibits the use of funds in this Act to authorize or issue a National Security Letter (NSL) in contravention of certain laws authorizing the Federal Bureau of Investigation to issue NSLs.
Section 521 requires congressional notification for any project within the Departments of Commerce or Justice, the National Science Foundation or the National Aeronautics and Space Administration totaling more than $75,000,000 that has cost increases of at least 10 percent.
Section 522 deems funds for intelligence or intelligence- related activities as authorized by the Congress until the enactment of the Intelligence Authorization Act for fiscal year 2016.
Section 523 prohibits contracts or grant awards in excess of $5,000,000 unless the prospective contractor or grantee certifies that the organization has filed all Federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has no unpaid Federal tax assessment.
(RESCISSIONS)
Section 524 provides for rescissions of unobligated balances. Subsection (c) requires the Departments of Commerce and Justice to submit a report on the amount of each rescission. These reports shall include the distribution of such rescissions among decision units, or, in the case of rescissions from grant accounts, the distribution of such rescissions among specific grant programs, and whether such rescissions were taken from recoveries and deobligations, or from funds that were never obligated.
Section 525 prohibits the use of funds in this Act for the purchase of first class or premium air travel in contravention of the Code of Federal Regulations.
Section 526 prohibits the use of funds to pay for the attendance of more than 50 department or agency employees, who are stationed in the United States, at any single conference outside the United States, unless the conference is a law enforcement training or operational event where the majority of Federal attendees are law enforcement personnel stationed outside the United States.
Section 527 includes language regarding detainees held at Guantanamo Bay.
Section 528 includes language regarding facilities for housing detainees held at Guantanamo Bay.
Section 529 includes language regarding the purchase of light bulbs.
Section 530 requires any department, agency or instrumentality of the United States Government receiving funds appropriated under this Act to track and report on undisbursed balances in expired grant accounts.
Section 531 prohibits the use of funds by the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to engage in bilateral activities with China or a Chinese-owned company or effectuate the hosting of official Chinese visitors at certain facilities unless the activities are authorized by subsequent legislation or NASA or OSTP have made a certification pursuant to subsections (c) and (d) of this section.
Section 532 prohibits funds from being used to deny the importation of shotgun models if no application for the importation of such models, in the same configuration, had been denied prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
Section 533 prohibits the use of funds to establish or maintain a computer network that does not block pornography, except for law enforcement and victim assistance purposes.
Section 534 requires the departments and agencies funded in the bill to submit spending plans.
Section 535 requires agencies to report conference spending to the Inspectors General.
Section 536 prohibits the use of funds to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.
Section 537 requires all departments and agencies funded within this Act to link all contracts that provide award fees to successful acquisition outcomes.
Section 538 prohibits funds to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract.
Section 539 prohibits the use of funds to relinquish the responsibility of the National Telecommunications and Information Administration with respect to Internet domain name system functions.
Section 540 requires agencies funded by the Act to provide Inspectors General with timely access to information.
Section 541 requires quarterly reports from the Department of Commerce, the National Aeronautics and Space Administration and the National Science Foundation of travel to China.
Section 542 prohibits the Department of Justice from preventing certain States from implementing State laws regarding the use of medical marijuana.
Section 543 prohibits the use of funds by the Department of Justice or the Drug Enforcement Administration in contravention of a certain section of the Agricultural Act of 2014.
Section 554 from the House bill, regarding agency implementation of certain climate-related activities, is not included. The Office of Science and Technology Policy shall submit a report no later than 90 days after enactment of this Act detailing fiscal year 2014 and 2015 funding under this Act used in support of the U.S. Global Climate Research Program National Climate Assessment; the Intergovernmental Panel on Climate Change's Fifth Assessment Report; the United Nations' Agenda 21 sustainable development plan; and the May 2013 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866. This report shall also include the specific authorization for each agency that enables participation in each of the activities listed above.
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DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
The agreement on the Department of Defense Appropriations Act, 2016 incorporates some of the provisions of both the House-passed and the Senate-reported versions of the bill. The language and allocations set forth in House Report 114- 139 and Senate Report 114-63 shall be complied with unless specifically addressed to the contrary in the accompanying bill and explanatory statement.
definition of program, project, and activity
The agreement delineates that, for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119), and by the Budget Enforcement Act of 1990
(Public Law 101-508), the terms ``program, project, and activity'' for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2016, the related classified annexes and explanatory statements, and the P-1 and R-1 budget justification documents as subsequently modified by congressional action. The following exception to the above definition shall apply: the military personnel and the operation and maintenance accounts, for which the term ``program, project, and activity'' is defined as the appropriations accounts contained in the Department of Defense Appropriations Act.
At the time the President submits the budget request for fiscal year 2017, the Secretary of Defense is directed to transmit to the congressional defense committees budget justification documents to be known as the ``M-1'' and ``O- 1'' which shall identify, at the budget activity, activity group, and sub-activity group level, the amounts requested by the President to be appropriated to the Department of Defense for military personnel and operation and maintenance in any budget request, or amended budget request, for fiscal year 2017.
classified annex
Adjustments to classified programs are addressed in the accompanying classified annex.
congressional special interest items
Items for which additional funds have been provided or items for which funding is specifically reduced as shown in the project level tables or in paragraphs using the phrase
``only for'' or ``only to'' are congressional special interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed in the explanatory statement.
reprogramming guidance
The Secretary of Defense is directed to continue to follow the reprogramming guidance for acquisition accounts as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110-279). For operation and maintenance accounts, the Secretary of Defense shall continue to follow the reprogramming guidelines specified in the conference report accompanying H.R. 3222, the Department of Defense Appropriations Act, 2008. The dollar threshold for reprogramming funds shall remain at $10,000,000 for military personnel; $15,000,000 for operation and maintenance;
$20,000,000 for procurement; and $10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees annual DD Form 1416 reports for titles I and II and quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a military personnel (M-1), an operation and maintenance (O- 1), a procurement (P-1), or a research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement.
funding adjustments
The funding increases outlined in the project level tables for each appropriation account shall be provided only for the specific purposes indicated in the tables, and are to be competitively awarded or provided to programs that have received competitive awards in the past. Programs for which the funding provided is less than the requested amount shall be reduced for the purposes specified in the project level tables and may be considered congressional special interest items as defined in titles I, II, III, and IV of this statement. The reductions to special interest items shall be restored only using the prior approval reprogramming process. The Under Secretary of Defense (Comptroller) shall ensure appropriate distribution of this guidance.
appropriation matters liaison officers
The agreement continues to support appropriations liaison officers for the Department of Defense and the Services. These appropriations liaison officers provide critical and relevant budget-related information to the House and Senate Appropriations Committees in a timely manner and with the authority to communicate directly with their Service Secretaries. It is imperative to maintain this liaison structure to achieve the highest level of communication and trust between the Department of Defense and the House and Senate Appropriations Committees. Therefore, the agreement retains a provision, carried in previous years, that prohibits the use of funds to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the Service headquarters of one of the armed forces into a legislative affairs or legislative liaison office.
overseas contingency operations/global war on terrorism
After more than a decade of war, the United States military and Intelligence Community remain engaged in responding to crises, conflicts, and instability across the globe. The rise of the Islamic State of Iraq and the Levant (ISIL), the recent attacks in Paris, continued operations in Afghanistan, the presence of terrorist groups like al-Shabaab and Boko Haram in North and Central Africa, the continued presence of al-Qaeda in the Middle East and northern Africa, ongoing destabilizing actions by Iran, the recent crisis and instability in Yemen, Libya, and the Levant, and Russian aggression in Ukraine are just some of the stark reminders that it is more important than ever to provide the funding and resources necessary to ensure that the military and Intelligence Community are able to detect and disrupt developing threats and are ready to respond to an unknown and unforeseen future event. For these reasons, the agreement provides the military and Intelligence Community sufficient resources to support ongoing operations and the flexibility to respond to future unknown crises.
To further address the Overseas Contingency Operations/ Global War on Terrorism (OCO/GWOT) requirements, the agreement provides increased funding over fiscal year 2015 levels for the military and Intelligence Community. The recommendation provides an additional $1,277,915,000 for Operation Freedom's Sentinel in Afghanistan and additional special transfer authority to maintain the current troop level of 9,800 through the end of fiscal year 2016. Further, as proposed by the Secretary of Defense to meet increased OCO/GWOT requirements, the agreement moves funding from the base appropriation to the OCO/GWOT appropriation to provide additional funding for the Army, Navy, Marine Corps, and Air Force to conduct counter-ISIL operations, to support operations in Afghanistan, to increase theater security missions, and to maintain a steady-state presence throughout the globe.
In addition, the agreement provides additional funding to restore readiness for the Services and to maintain capabilities of the Intelligence Community to ensure that they are ready to address current and emerging global challenges, both foreseen and unforeseen, at a moment's notice. These investments will continue the process of restoring and enhancing military readiness and Intelligence Community capabilities.
israeli missile defense programs
The agreement recommends an additional $329,800,000 for Israeli missile defense programs, as requested by the Government of Israel. It is directed that not more than
$90,000,000 may be obligated or expended for long lead items in support of David's Sling production activities until the Secretary of Defense provides to the congressional defense committees a joint United States-Israeli production agreement that addresses, at a minimum, Israeli requirements, production plans, the role of United States and Israeli industry partners, and the proposed use of United States funding. Further, it is directed that not more than
$15,000,000 may be obligated or expended for long lead items in support of Arrow upper tier production activities until the Secretary of Defense provides to the congressional defense committees a joint United States-Israeli production agreement that addresses, at a minimum, Israeli requirements, production plans, the role of United States and Israeli industry partners, and the proposed use of United States funding. It is noted that the Department of Defense has processes in place to transfer funding for long lead items for missile defense programs through an exchange of letters that ensure appropriate oversight over subject funds prior to conclusion of production agreements.
TITLE I--MILITARY PERSONNEL
The agreement provides $129,228,658,000 in Title I, Military Personnel. The agreement on items addressed by either the House or the Senate is as follows:
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SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2016
-----------------------------------------------
Fiscal Year Change
2015 Change from
Authorized Budget Final Bill from Fiscal
Request Request Year
2015
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength)
Army........................................... 490,000 475,000 475,000 - - - -15,000
Navy........................................... 323,600 329,200 329,200 - - - 5,600
Marine Corps................................... 184,100 184,000 184,000 - - - -100
Air Force...................................... 312,980 317,000 320,715 3,715 7,735
Total, Active Forces....................... 1,310,680 1,305,200 1,308,915 3,715 -1,765
Guard and Reserve Forces (End Strength)
Army Reserve................................... 202,000 198,000 198,000 - - - -4,000
Navy Reserve................................... 57,300 57,400 57,400 - - - 100
Marine Corps Reserve........................... 39,200 38,900 38,900 - - - -300
Air Force Reserve.............................. 67,100 69,200 69,200 - - - 2,100
Army National Guard............................ 350,200 342,000 342,000 - - - -8,200
Air National Guard............................. 105,000 105,500 105,500 - - - 500
Total, Selected Reserve.................... 820,800 811,000 811,000 - - - -9,800
------------------------------------------------------------
Total, Military Personnel...................... 2,131,480 2,116,200 2,119,915 3,715 -11,565
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SUMMARY OF GUARD AND RESERVE FULL-TIME SUPPORT
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2016
-----------------------------------------------
Fiscal Year Change
2015 Change from
Authorized Budget Final Bill from Fiscal
Request Request Year
2015
----------------------------------------------------------------------------------------------------------------
Army Reserve:
AGR............................................ 16,261 16,261 16,261 - - - - - -
Technicians.................................... 7,895 7,395 7,395 - - - -500
Navy Reserve:
AR............................................. 9,973 9,934 9,934 - - - -39
Marine Corps Reserve:
AR............................................. 2,261 2,260 2,260 - - - -1
Air Force Reserve:
AGR............................................ 2,830 3,032 3,032 - - - 202
Technicians.................................... 9,789 9,814 9,814 - - - 25
Army National Guard:
AGR............................................ 31,385 30,770 30,770 - - - -615
Technicians.................................... 27,210 26,099 26,099 - - - -1,111
Air National Guard
AGR............................................ 14,704 14,748 14,748 - - - 44
Technicians.................................... 21,792 22,104 22,104 - - - 312
------------------------------------------------------------
Totals:
AGR/AR..................................... 77,414 77,005 77,005 - - - -409
Technicians................................ 66,686 65,412 65,412 - - - -1,274
------------------------------------------------------------
Total, Full-Time Support................... 144,100 142,417 142,417 - - - -1,683
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REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2016 appropriations accounts not later than 60 days after the enactment of this Act. The Secretary of Defense is prohibited from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the House and Senate Appropriations Committees.
The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services' military personnel accounts between budget activities in excess of $10,000,000.
military personnel special interest items
Items for which additional funds have been provided or have been specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or
``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as identified on the DD Form 1414.
notification of reserve components
The reserve components provide an operational capability and strategic depth in support of the national defense strategy. Decisions to utilize these forces must adhere to judicious and prudent criteria. As such, the agreement directs the Secretary of Defense to continue following the Department's longstanding policy to instruct the Services to adequately notify, in writing, members of the reserve components who are called or ordered to active duty, under section 12302(a) of title 10, United States Code. The notification must include the expected period during which the member will be mobilized, including the authorization of an alert notification up to 24 months prior to the mobilization date, and a minimum of 30 days notification prior to involuntary mobilization to support emergent requirements.
sexual assault prevention and response program
The agreement fully funds the budget request of
$263,325,000 for Sexual Assault Prevention and Response programs at the Service level and provides an additional
$25,000,000 for the Defense Human Resources Activity in the Operation and Maintenance, Defense-Wide appropriation for the Sexual Assault Special Victims' Counsel Program across the Services.
basic allowance for housing
The practice of using annual housing market surveys to calculate basic allowance for housing (BAH) rates neglects the specific challenges of rural states and regions, where housing areas adjacent to military facilities may not reflect the average cost of housing in more populous nearby communities, making it more difficult for servicemembers to find affordable housing within the BAH rate. Therefore, the Secretary of Defense is directed to provide a report to the congressional defense committees not later than 90 days after the enactment of this Act on the analytics and factors that are considered in determining BAH rates for installations in rural states and regions.
MILITARY PERSONNEL, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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MILITARY PERSONNEL, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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MILITARY PERSONNEL, MARINE CORPS
The agreement on items addressed by either the House or the Senate is as follows:
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MILITARY PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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REMOTELY PILOTED AIRCRAFT
Language in House Report 114-139 directed the Secretary of the Air Force to submit a report to the congressional defense committees which would assess the feasibility of training enlisted personnel as remotely piloted aircraft (RPA) pilots, include an updated list of any pay and incentives that these pilots are eligible to receive, and provide a breakdown of how the pilots have populated the community. In July 2015, the Air Force presented an RPA Get-Well Plan. In lieu of the reporting requirement in House Report 114-139, the Secretary of the Air Force is directed to brief the congressional defense committees not later than 90 days after the enactment of this Act on the steps the Air Force has taken to increase RPA training throughput, utilize reserve component RPA capabilities, contract elements of the RPA program, and implement RPA-related incentive pays.
RESERVE PERSONNEL, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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RESERVE PERSONNEL, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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RESERVE PERSONNEL, MARINE CORPS
The agreement on items addressed by either the House or the Senate is as follows:
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RESERVE PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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NATIONAL GUARD PERSONNEL, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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REMOTELY PILOTED AIRCRAFT MISSIONS
Language in House Report 114-139 directed the Secretary of Defense to submit a report to the congressional defense committees on the cost-effectiveness of using Air National Guard units to conduct remotely piloted aircraft (RPA) missions along the United States--Mexico border in support of Department of Homeland Security (DHS) missions. The Committees have subsequently received briefings on the utilization and capabilities of Air National Guard and Air Force Reserve RPA units. In lieu of the reporting requirement in House Report 114-139, the agreement directs the Secretary of the Air Force to provide, not later than 90 days after the enactment of this Act, a briefing to the House and Senate Appropriations Committees on capabilities that Air Force reserve component RPA units could provide in support of DHS border security missions and the demand from DHS or other Departments for such capabilities.
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $167,485,170,000 in Title II, Operation and Maintenance. The agreement on items addressed by either the House or the Senate is as follows:
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REPROGRAMMING GUIDANCE FOR OPERATION
AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2016 appropriation accounts not later than 60 days after the enactment of this Act. The Secretary of Defense is prohibited from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the House and Senate Appropriations Committees.
The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services' operation and maintenance accounts between O-1 budget activities in excess of $15,000,000. In addition, the Secretary of Defense should follow prior approval reprogramming procedures for transfers in excess of
$15,000,000 out of the following budget sub-activities:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Navy:
Aircraft depot maintenance
Ship depot maintenance
Facilities sustainment, restoration, and modernization
Marine Corps:
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Combat communications
Facilities sustainment, restoration, and modernization
Air Force Reserve:
Depot maintenance
Air National Guard:
Depot maintenance
Additionally, the Secretary of Defense should follow prior approval reprogramming procedures for transfers in excess of
$15,000,000 into the following budget sub-activity:
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
With respect to Operation and Maintenance, Defense-Wide, proposed transfers of funds to or from the levels specified for defense agencies in excess of $15,000,000 shall be subject to prior approval reprogramming procedures.
During fiscal year 2016, the Service Secretaries are directed to submit written notification and justification to the congressional defense committees not later than 15 days prior to implementing transfers in excess of $15,000,000 out of the following budget sub-activities:
Navy:
Mission and other flight operations
Mission and other ship operations
Air Force:
Operating forces depot maintenance
Mobilization depot maintenance
Training and recruiting depot maintenance
Administration and service-wide depot maintenance
These transfers may be implemented 15 days after a congressional notification unless an objection is received from one of the congressional defense committees.
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have been specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or
``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as identified on the DD Form 1414.
OPERATION AND MAINTENANCE MILITARY INTELLIGENCE PROGRAM
BUDGET JUSTIFICATION MATERIAL
The agreement notes that the current budget justification material submitted for the operation and maintenance portion of the Military Intelligence Program (MIP) and the exhibits for the Security Programs sub-activity groups (SAGs) in the Operation and Maintenance Army, Navy, Marine Corps, and Air Force accounts do not provide full visibility into requested funding which limits congressional oversight. Therefore, the Secretary of Defense is directed to include a new exhibit in the MIP justification books for each Service, the Special Operations Command, and the defense agencies under the
``Resources Exhibit'' tab. The exhibit shall be titled
``Operation and Maintenance Resources by Project''; be broken out into six separate tables: the prior year base actual, the current year base estimate, the budget year base request, the prior year Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) actual, the current year OCO/GWOT estimate, and the budget year OCO/GWOT request; include each MIP project on a separate row; include each budget line item
(SAG for the Service appropriation and defense agency for the defense-wide appropriation) in a separate column; show dollars in thousands in each appropriate cell of the table
(lining up projects with SAGs); and include totals for each row and column to allow analysis of the totals by appropriation, project, and SAG.
Each Service operation and maintenance account includes a SAG titled ``Security Programs'' which funds both MIP and National Intelligence Programs (NIP) as well as other non-MIP and non-NIP programs. Since the funding requested is largely for classified programs, the budget justification materials do not provide a level of detail in the OP-5 exhibit as is normally required by the Financial Management Regulation
(FMR). Thus, the Secretary of Defense is directed to provide classified OP-5 and OP-32 budget exhibits at the time of the budget submission for each of the Security Program SAGs. This OP-5 will provide the non-NIP funding amount requested in the SAG and a summary and justification for changes in the level of resources required for each SAG as required by the FMR in the Volume 2, Chapter 3 Exhibit OP-5 Instructions and Detail by SAG. This material should be submitted for both the base budget request and the OCO/GWOT request.
The new tables and budget exhibits shall be included as a part of the budget submission for fiscal year 2018. For fiscal year 2017, the Services and defense agencies are directed to work with the House and Senate Appropriations Committees to provide this information during the budget review process. This language replaces the language included under this heading in House Report 114-139.
SIZE OF THE CIVILIAN WORKFORCE
The Department of Defense is taking steps to right-size the military, civilian, and contractor workforces. While the agreement supports a strong civilian workforce and recognizes that much of this workforce performs critical national security and readiness functions, concern remains regarding the size and cost of headquarters and administrative functions and the corresponding size of the civilian staff, particularly at the Pentagon.
As required by Section 905 of the National Defense Authorization Act for Fiscal Year 2015, the Secretary of Defense is currently conducting a systematic determination of the personnel requirements for headquarters organizations, including at the Pentagon, and the support organizations that perform headquarters-related functions, and is implementing a periodic review and analysis of personnel requirements. Further, as part of its annual budget documentation, the Secretary of Defense provides a report addressing the size of the three workforces. The Secretary of Defense is directed to provide a briefing to the House and Senate Appropriations Committees on the findings of the personnel requirements review referenced above, as well as the annual report on the size of the workforce, not later than 30 days after each report's release.
Section 904 of the National Defense Authorization Act for Fiscal Year 2014, as amended, requires the Secretary of Defense to submit an annual report detailing the streamlining of Department of Defense headquarters. The agreement recognizes that future reports will include an updated baseline number for military, civilian, and contractor workforces for headquarters level of detail, including support organizations, as well as results of the review and further implemented and proposed reductions. The Secretary of Defense is directed to provide an annual briefing to the House and Senate Appropriations Committees on the findings of the report not later than 30 days after the report's release.
CIVILIAN PERSONNEL AND PAY MANAGEMENT
Accurate visibility and budgeting is critical to making fiscally sound decisions regarding the size and compensation of the civilian personnel workforce. The Services consistently overestimate the number of civilians that will be employed during a fiscal year while underestimating the civilian personnel funding requirement. Therefore, the agreement includes reductions for overestimating civilian full time equivalent (FTE) levels and streamlining management headquarters for fiscal year 2016.
Additionally, the agreement directs the Department of Defense Inspector General (DOD IG) to provide a report to the congressional defense committees not later than 180 days after the enactment of this Act that issues recommendations to improve the management of the civilian compensation program and civilian FTE levels. As part of the analysis, the agreement directs the DOD IG to explore the factors influencing average salary and provide suggestions for how to better control its volatility. Also, the DOD IG shall examine how to standardize the types of growth included in pay rates versus program growth across the Services. Finally, the report shall examine steps the Department of Defense should take to formulate a civilian compensation budget to more accurately capture the true cost of the civilian workforce. This language replaces the reporting requirement included under the heading ``Civilian Personnel and Pay Management'' in House Report 114-139 and under the heading ``Civilian Compensation'' in Senate Report 114-63.
CIVILIAN FURLOUGHS
In fiscal year 2013, the Secretary of Defense furloughed most Department of Defense civilian employees for up to six days due to budgetary shortfalls primarily caused by sequestration. The negative impact on productivity, morale, and readiness substantially outweighed the savings generated from civilian furloughs. No furloughs were implemented in either fiscal year 2014 or fiscal year 2015, and it is assumed that the enactment of this Act will eliminate any need to furlough civilian employees in fiscal year 2016.
MAINTENANCE OF REAL PROPERTY
The agreement directs the Secretary of Defense to conduct no maintenance or improvements to Department of Defense real property with a zero percent utilization rate according to the Department's real property inventory database, except in the case of maintenance of an historic property, as required by the National Historic Preservation Act (16 U.S.C. 470 et seq.), maintenance to prevent a negative environmental impact as required by the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or to address health and safety requirements.
AUDITABILITY
The Secretary of Defense is working to achieve auditability by the end of fiscal year 2017. The Secretary of Defense is directed to provide a briefing to the House and Senate Appropriations Committees on the Financial Improvement and Audit Readiness Plan Status Report not later than 30 days after the report's next publication.
PHYSICAL SECURITY ENHANCEMENTS AT MILITARY FACILITIES
Recent domestic and international incidents underscore the need to remain vigilant regarding security at military facilities and installations. After the July 2015 shootings in Chattanooga, Tennessee, the Secretary of Defense issued a directive that emphasized improving physical and procedural security and improving mass warning and alert notification capabilities. The Mission Assurance Coordination Board (MACB) is tasked with coordinating these activities across the Services, the National Guard Bureau, and the combatant commands to ensure the safety of Department of Defense personnel. To keep apprised of progress concerning these efforts, the Secretary of Defense is directed to provide a report to the congressional defense committees not later than 90 days after the enactment of this Act describing the completed and planned actions overseen by the MACB and identifying associated funding requirements.
The recommendation also includes $80,300,000 for security upgrades to military Service recruiting centers following the Chattanooga attacks. The requirements range from improving closed circuit camera monitoring to increasing ballistic internal protection. The Army is the executive agent for recruiting centers and will oversee the necessary security upgrades for all recruiting centers. Therefore, the agreement transfers funding from the Services' operation and maintenance accounts to the Operation and Maintenance, Army account for this purpose.
ENERGY INDEPENDENCE AND SECURITY ACT
The agreement does not include a provision included in the House-passed version of H.R. 2685 that referenced the Energy Independence and Security Act of 2007. It is noted that the enforcement of section 526 of the Energy Independence and Security Act of 2007 may lead to higher fuel costs for federal fleets in the absence of competitively priced new generation fuels that emit fewer emissions. In carrying out this statute, the Secretary of Defense and the Service Secretaries should work to ensure that costs associated with fuel purchases necessary to carry out their respective missions should be minimized to the greatest extent possible.
OPERATION AND MAINTENANCE, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, MARINE CORPS
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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AIR FORCE DEPOT MAINTENANCE AND
CONTRACTOR LOGISTICS SUPPORT
While the Air Force has improved its depot maintenance budget documentation, concerns remain that requesting funding for contractor logistics support (CLS) in the depot maintenance sub-activity group (SAG) limits visibility into the execution of this funding. Separating CLS and Performance Based Logistics (PBL) funding from depot maintenance funding would provide better congressional oversight and visibility. Therefore, the Secretary of the Air Force is directed to create new and separate SAGs specifically for CLS and PBL funding.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement on items addressed by either the House or the Senate is as follows:
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NET-CENTRIC ENTERPRISE SERVICES
Language in House Report 114-139 directed the Director of the Defense Information Systems Agency to submit a report describing and justifying the total costs associated with implementing an interim collaboration service until the Unified Capabilities collaboration services program commences in fiscal year 2017. However, the Department of Defense has already completed the transition to a new system of collaboration services. Therefore, the reporting requirement directed by House Report 114-139 is rescinded.
ENERGY EFFICIENCY FOR DEPARTMENT OF DEFENSE FACILITIES
Language in House Report 114-139 directed the Secretary of Defense to report to the congressional defense committees on the energy use and energy efficiency projects at the Pentagon and the ten largest Department of Defense facilities. In lieu of this reporting requirement, the agreement directs the Secretary of Defense to brief the House and Senate Appropriations Committees not later than 180 days after the enactment of this Act on energy use at the Pentagon Reservation and the ten largest Department of Defense facilities. The briefing should include an accounting of the dates when energy audits and energy efficiency projects were conducted at these facilities and any potential savings associated with the installation of efficient lighting systems, including tubular Light-Emitting Diode (T-LED) lighting, at these facilities. Further, the Secretary of Defense is encouraged to revise the current specifications to permit T-LED lighting as an option within the Department's Unified Facilities Criteria.
MILITARY CHILD OUTREACH PROGRAMS
The agreement recognizes the importance of youth outreach programs that provide military children opportunities and mentorships as they cope with the turbulence that often accompanies military service. The Secretary of Defense and the Service Secretaries are encouraged to continue funding memberships for military children at installation-sponsored Boys and Girls Clubs of America and to expand these efforts to support memberships for military children who reside off- base and wish to join off-installation Boys and Girls Clubs of America.
MILITARY ONESOURCE
Military OneSource provides comprehensive information on military life to servicemembers and their families. However, the duplicative nature of the Department of Defense and the Department of Veterans Affairs efforts in this area is concerning. The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, is directed to submit a report detailing the potential benefits of creating a joint program modeled after Military OneSource to the congressional defense committees not later than 120 days after the enactment of this Act.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement on items addressed by either the House or the Senate is as follows:
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UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $14,078,000 for the United States Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $234,829,000 for Environmental Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $300,000,000, an increase of
$7,547,000 above the budget request, for Environmental Restoration, Navy.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $368,131,000 for Environmental Restoration, Air Force.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $8,232,000 for Environmental Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $231,217,000, an increase of
$27,500,000 above the budget request, for Environmental Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $103,266,000, an increase of
$3,000,000 above the budget request, for Overseas Humanitarian, Disaster, and Civic Aid.
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $358,496,000 for the Cooperative Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
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O-1 FY 2016 Request Final Bill
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COOPERATIVE THREAT REDUCTION:
Strategic Offensive Arms Elimination...................... 1,289 1,289
Chemical Weapons Destruction.............................. 942 942
Biological Threat Reduction............................... 264,618 264,618
Threat Reduction Engagement............................... 2,827 2,827
Other Assessments/Admin Costs............................. 29,320 29,320
Global Nuclear Security................................... 20,555 20,555
WMD Proliferation Prevention.............................. 38,945 38,945
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TOTAL, COOPERATIVE THREAT REDUCTION....................... 358,496 358,496
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DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
The agreement does not recommend funding for the Department of Defense Acquisition Workforce Development Fund.
TITLE III--PROCUREMENT
The agreement provides $110,841,627,000 in Title III, Procurement. The agreement on items addressed by either the House or the Senate is as follows:
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Items for which additional funds have been provided as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement.
reprogramming guidance for acquisition accounts
The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110- 279). Specifically, the dollar threshold for reprogramming funds will remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a procurement (P-1) or research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement.
combat air patrol review
The agreement directs the Secretary of Defense to conduct a complete review of the required Combat Air Patrols deemed necessary to meet combatant commanders' requirements and to identify the necessary mix of intelligence, surveillance, and reconnaissance aircraft across the Air Force, Navy, Army, and Special Operations Command to meet such requirements. The Secretary of Defense is directed to provide a report on this review to the congressional defense committees not later than 180 days after the enactment of this Act.
joint strike fighter autonomic logistics information system
The Secretary of Defense is directed to submit a report to the congressional defense committees not later than May 15, 2016, which includes a certification that Autonomic Logistics Information System (ALIS) 2.0.2 system equipment has been delivered and supports an Air Force declaration of Initial Operating Capability (IOC) for the F-35A. If such certification cannot be made, the report shall provide an explanation for the failure to deliver the necessary equipment and a projected date for its delivery.
If certification is not made in the report, the Secretary is further directed to submit a new report to the congressional defense committees not later than five days following the new projected date for delivery which includes the certification previously described. If such certification cannot be made, the report shall include an explanation for the failure to deliver the necessary equipment and an assessment of the potential impact to the Air Force declaration of IOC.
The Secretary of Defense is further directed to ensure that the fiscal year 2017 budget exhibits for the F-35 program clearly delineate the specific costs of ALIS procurement and research, development, test and evaluation in all applicable accounts.
airspace compliance
The Secretary of Defense is directed to submit a report to the congressional defense committees not later than April 1, 2016 on the status of plans to modernize or replace digital avionics equipment for Department of Defense aircraft. This report shall be in a format similar to the report submitted in response to Section 152 of the National Defense Authorization Act for Fiscal Year 2015, updated to reflect any changes to such plans as of the date of submission of the fiscal year 2017 budget request. This language replaces the direction under the heading ``Airspace Compliance'' in Senate Report 114-63.
AIRCRAFT PROCUREMENT, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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The agreement includes $81,444,000, the same as the request, for the RQ-7 Shadow unmanned aerial vehicle to upgrade the existing systems. Of this request, $24,282,000 is to procure new additional payloads. Competition among multiple suppliers is important to reduce costs and improve performance. Therefore, the Secretary of the Army is directed to review the acquisition strategy for this upgrade to validate sufficient competition exists before awarding the contract.
MISSILE PROCUREMENT, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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The fiscal year 2016 budget request includes $2,777,000 to improve the lethality and accuracy of MK-19 40mm grenade machine gun launchers. The MK-19 has been a reliable and effective weapon for many years, including extensive operational use in Iraq and Afghanistan. There remains concern with the Army plan to upgrade the weapon. The agreement directs the Secretary of the Army to submit a report to the congressional defense committees not later than the end of fiscal year 2016 or following the completion of the MOD 5 kit testing, whichever is earlier, that addresses the ability of the MOD 5 kit to meet requirements. In addition, the report shall address the Army plan to utilize commercial off-the-shelf technologies to upgrade and enhance the MK-19 in the future.
PROCUREMENT OF AMMUNITION, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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OTHER PROCUREMENT, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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The agreement notes that capability gaps in communications security exist at United States Army Europe (USAREUR) facilities which rely on outdated radio infrastructure. The agreement directs the Secretary of the Army to provide the congressional defense committees the radio upgrade strategy for USAREUR not later than 120 days after the enactment of this Act.
AIRCRAFT PROCUREMENT, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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NAVY RESERVE COMBAT AIRCRAFT
The tactical aviation squadrons of the Navy Reserve fulfill the strategic reserve mission for the Navy and provide adversary support to active duty forces. The aging F/A-18A+ aircraft are projected to begin exceeding their service lives in the next five years. The Secretary of the Navy, in coordination with the Chief of Navy Reserve, is directed to submit a report to the congressional defense committees not later than 90 days after the enactment of this Act on the plan to recapitalize and modernize the Navy Reserve tactical aviation squadrons, specifically the F/A-18A+ models in the Navy Reserve Combat air fleet.
WEAPONS PROCUREMENT, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement on items addressed by either the House or the Senate is as follows:
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SHIPBUILDING AND CONVERSION, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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OTHER PROCUREMENT, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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PROCUREMENT, MARINE CORPS
The agreement on items addressed by either the House or the Senate is as follows:
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A
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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UH-1N REPLACEMENT
The agreement includes $2,456,000, the same as the budget request, for the UH-1N helicopter replacement program. However, the lack of a settled acquisition strategy remains a concern. The agreement provides the funds requested in order to facilitate the development of a new acquisition strategy. It is recommended that the Secretary of the Air Force consider an acquisition strategy that separates nuclear convoy escort and missile field mission support from other missions performed by the existing UH-1N fleet, which may be satisfied by a less robust and more affordable solution.
MISSILE PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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SPACE PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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SPACE PROCUREMENT, AIR FORCE
The agreement supports the President's request to create a new Space Procurement, Air Force appropriation account but establishes the period of availability of funds for obligation at three years. Further, the agreement transfers all space-related items requested in the Other Procurement, Air Force appropriation account into the Space Procurement, Air Force appropriation account.
DEFENSE METEOROLOGICAL SATELLITE PROGRAM
The agreement denies the request of the Secretary of the Air Force for relief from direction provided in the explanatory statement accompanying the Department of Defense Appropriations Act, 2015, which required that the Defense Meteorological Satellite Program (DMSP) be brought to an orderly close during calendar year 2015. Therefore, the recommendation reduces the fiscal year 2016 budget request by
$89,351,000 for the DMSP and by $120,000,000 for the corresponding Evolved Expendable Launch Vehicle. Further, the recommendation rescinds $50,000,000 from fiscal year 2015 Missile Procurement, Air Force funds for the DMSP. The agreement recommends that the Secretary of the Air Force focus resources on ensuring that the next generation of weather satellites meets the full spectrum of warfighter and intelligence requirements and work with civil stakeholders to ensure that any other weather coverage gaps are met using appropriate civil or international weather assets.
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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OTHER PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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PROCUREMENT, DEFENSE-WIDE
The agreement on items addressed by either the House or the Senate is as follows:
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DEFENSE PRODUCTION ACT PURCHASES
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
NEXT GENERATION STAR TRACKER SYSTEM........................... 12,050 12,050
CADMIUM ZINC TELLURIDE SUBSTRATES............................. 452 452
SPACE ELECTRONICS AND MATERIAL INVESTMENTS.................... 21,000 21,000
SUBMARINE VALVE-REGULATED LEAD ACID BATTERIES................. 3,000 3,000
3D MICROELECTRONICS FOR ANTI-TAMPER........................... 2,911 2,911
SECURE COMPOSITE SHIPPING CONTAINERS.......................... 7,267 7,267
PROGRAM INCREASE.............................................. 30,000
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TOTAL, DEFENSE PRODUCTION ACT............................. 46,680 76,680
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TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $69,784,665,000 in Title IV, Research, Development, Test and Evaluation. The agreement on items addressed by either the House or the Senate is as follows:
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110- 279). Specifically, the dollar threshold for reprogramming funds will remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a procurement (P-1) or research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement.
F-16 RADAR UPGRADES
The long-term health of the active electronically scanned array radar industrial base remains a concern. Competition among multiple suppliers is important to reduce costs and improve performance. The Air Force is finalizing a competitive acquisition strategy to address phase one of the North American Aerospace Defense Command/United States Northern Command Joint Urgent Operational Need (JUON) NC- 0008. The agreement provides $40,000,000 to support the phase one competition. The agreement directs the Secretary of Defense, in coordination with the Secretary of the Air Force and the Commander of United States Northern Command, to submit a report to the congressional defense committees not later than 90 days after the enactment of this Act that details a competitive acquisition strategy for phase one of the JUON, the plan to address phase two, and the Air Force's radar modernization plan for the entire F-16 fleet.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement on items addressed by either the House or the Senate is as follows:
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement on items addressed by either the House or the Senate is as follows:
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement on items addressed by either the House or the Senate is as follows:
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E-8 JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM
The agreement directs the Secretary of the Air Force to submit a report on modifications to the E-8 Joint Surveillance Target Attack Radar System (JSTARS) fleet to the congressional defense committees not later than 30 days after the submission of the fiscal year 2017 budget request. This report shall detail how the Air Force will address global air traffic management mandates, as well as other modifications required to meet warfighter requirements and avoid mission performance degradation due to diminishing manufacturing sources, until the E-8 is replaced by the Next Generation JSTARS system. The report shall include schedules and annual funding requirements for each modification effort. This language replaces the reporting requirements regarding the legacy E-8 fleet under the headings ``E-8 JSTARS'' in House Report 114-139 and ``Joint Surveillance and Target Attack Radar System (JSTARS)'' in Senate Report 114-63.
NEXT GENERATION JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM
Delays by the Department of Defense in reaching a Milestone A decision on the Next Generation Joint Surveillance Target Attack Radar System (JSTARS) program remain a source of concern. The Secretary of Defense and the Secretary of the Air Force are directed to reassess the acquisition strategy with the goal of shortening the development phase and accelerating the production and delivery of a new system. The Secretary of the Air Force is further directed to brief the congressional defense committees not later than 60 days after the enactment of this Act on the status of requirements definition, technology risk and the strategy for reducing such risk, the acquisition strategy and funding for all phases, and options to accelerate the program relative to the schedule presented with the fiscal year 2016 budget request. This language replaces the direction regarding the Next Generation JSTARS system under the headings ``Next Generation JSTARS'' in House Report 114-139 and ``Joint Surveillance and Target Attack Radar System (JSTARS)'' in Senate Report 114- 63.
GLOBAL POSITIONING SYSTEM III OPERATIONAL CONTROL SEGMENT
In light of significant delays to the Global Positioning System (GPS) III Operational Control Segment, the Air Force plan to accelerate GPS III satellite launches would put approximately fourteen satellites on orbit before the ground system is available to operate and integrate the satellites into the positioning, timing, and navigation architecture. Therefore, the Constellation Sustainment Assessment Team is directed to conduct a review, with validation by the Commander of the United States Strategic Command, to determine if the current GPS III satellite launch plan should be adjusted to ensure necessary operational testing on early vehicles has been completed and potential satellite deficiencies have been discovered before more satellites are launched. This review should be provided to the congressional defense committees not later than 60 days after the enactment of this Act.
SPACE BASED INFRARED SYSTEM SPACE MODERNIZATION INITIATIVE
The agreement directs the Under Secretary of Defense
(Acquisition, Technology, and Logistics) to provide an analysis of alternatives for the next generation of the Space Based Infrared System to the congressional defense committees not later than 60 days after the enactment of this Act. Further, the Under Secretary of Defense (Acquisition, Technology, and Logistics) and the Commander of the United States Strategic Command are directed to brief the congressional defense committees on the findings and recommendations of the analysis of alternatives, including the cost evaluation, not later than 30 days after the submission of the analysis of alternatives.
ADVANCED EXTREMELY HIGH FREQUENCY SATELLITE SPACE MODERNIZATION
INITIATIVE
The agreement restricts obligation or expenditure of more than $90,000,000 of Research, Development, Test and Evaluation, Air Force funds for the Advanced Extremely High Frequency Military Satellite Communications Space Modernization Initiative until 30 days after the Under Secretary of Defense (Acquisition, Technology, and Logistics) provides the congressional defense committees with its analysis of alternatives for protected tactical satellite communications services. Further, the Under Secretary of Defense (Acquisition, Technology, and Logistics) and the Commander of the United States Strategic Command are directed to brief the congressional defense committees on the findings and recommendations of the analysis of alternatives, including the cost evaluation, not later than 30 days after the submission of the analysis of alternatives.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement on items addressed by either the House or the Senate is as follows:
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Maintaining a United States-based foundry that supplies trusted microprocessors for the Department of Defense and the Intelligence Community is a concern. It is noted that near- term and long-term plans are being developed by the Department of Defense to address access to microprocessors from trusted sources. The Secretary of Defense is directed to submit a report to the congressional defense committees not later than 90 days after the enactment of this Act that includes a list of Department of Defense weapon systems that require trusted microprocessors, a description on how the loss of a United States-based trusted foundry impacts these systems, an identification of costs associated with maintaining an equivalent level of security for the existing systems, a list of the challenges associated with maintaining and/or creating adequate United States-based trusted foundries versus relying on foreign-based trusted foundries, and the Department's plan to provide secure microprocessors for future weapon systems. This report may be submitted in a classified form if necessary.
missile defense agency--divert and attitude control system and multi-
object kill vehicle
The fiscal year 2016 budget request includes $11,482,000 for the competitive development of next generation divert and attitude control system (DACS) technology, a reduction of 42 percent from fiscal year 2015. In addition, the fiscal year 2016 budget request initiates funding for the multi-object kill vehicle (MOKV), a program that will likely require next generation DACS technology. It is understood that the Missile Defense Agency (MDA) shares previously expressed concerns regarding the need to ensure access to a competitive DACS industrial base and views the DACS component as critical to making precise trajectory adjustments to position missile defense kill vehicles for a target intercept. Therefore, the agreement recommends an additional $10,000,000 for competitive DACS technology to support MOKV development, and an additional $20,000,000 for MOKV technology. It is understood that MDA will support the competitive DACS industrial base in future budget submissions.
missile defense agency--sm-3 block iia interceptor and programs involving international partners
It is recognized that the United States and Japan are cooperatively developing the SM-3 Block IIA missile and are preparing for an initial flight test. The fiscal year 2016 budget request continues to incrementally fund 17 SM-3 Block IIA flight test rounds, at a cost of over $500,000,000. In an effort to better recognize the role of international partners in Department-wide technology programs, the Under Secretary of Defense (Acquisition, Technology, and Logistics) is directed to provide a briefing to the congressional defense committees on Department of Defense programs involving international partners.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
R-1 FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
1--OPERATIONAL TEST AND EVALUATION............................ 76,838 76,838
2--LIVE FIRE TESTING.......................................... 46,882 46,882
3--OPERATIONAL TEST ACTIVITIES AND ANALYSIS................... 46,838 64,838
Program increase--Threat resource analysis................ 8,000
Program increase--Joint test and evaluation............... 10,000
-------------------------------------------------
TOTAL, OPERATIONAL TEST & EVALUATION, DEFENSE............. 170,558 188,558
----------------------------------------------------------------------------------------------------------------
-TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $2,212,932,000 in Title V, Revolving and Management Funds. The agreement on items addressed by either the House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH171215.240
DEFENSE WORKING CAPITAL FUNDS
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................................... 50,432 195,432
Arsenal Initiative........................................ 145,000
WORKING CAPITAL FUND, AIR FORCE............................... 62,898 62,898
WORKING CAPITAL FUND, DEFENSE-WIDE............................ 45,084 45,084
DEFENSE WORKING CAPITAL FUND, DECA............................ 1,154,154 1,435,354
Program increase.......................................... 281,200
TOTAL, DEFENSE WORKING CAPITAL FUNDS.................. 1,312,568 1,738,768
----------------------------------------------------------------------------------------------------------------
DEFENSE COMMISSARY AGENCY
The agreement affirms the significant and lasting benefits that commissaries provide in support of servicemembers and their families. Commissaries help promote healthy base communities by guaranteeing access to fresh foods, including fruits and vegetables, at low prices to military families. Better nutrition and food choices are the first steps toward improved health outcomes and lower health care costs. Commissaries also help military families stretch their budgets and provide stable employment for servicemembers' families and veterans.
It is understood that the Department of Defense would like to make commissaries more self-sustaining. The agreement supports finding efficiencies to lower the operational cost of commissaries. The House and Senate Appropriations Committees are willing to review and consider new ways to administrate the commissaries; however, the agreement does not support the proposed funding reduction. The agreement affirms that commissaries must be kept open, affordable, and accessible to military families.
Language in House Report 114-139 directed the Secretary of Defense to defer any changes to the Defense Commissary Agency's (DeCA) second destination transportation funding policy that would increase commissary retail prices until 30 days after the Secretary has submitted a report to the congressional defense committees regarding commissary costs, including the potential efficiencies that can be realized in air transportation contracts. However, prior to House passage of H.R. 2685, the Department of Defense began the transition to a new fresh fruits and vegetables contract throughout the DeCA Pacific Area commissaries. Therefore, in lieu of the direction in House Report 114-139, the Secretary of Defense is directed to submit a report to the House and Senate Appropriations Committees not later than 90 days after the enactment of this Act outlining the current delivery system of commissary benefits in the Pacific Area commissary system, including the anticipated costs related to the transition to a new fresh fruits and vegetables contract throughout the DeCA Pacific Area commissaries; a description of any modifications to the Pacific Area commissary system the Secretary considers appropriate to achieve savings in the delivery of commissary benefits, while still upholding high levels of customer satisfaction and access, providing high quality products, and sustaining discount savings; and the potential efficiencies that can be realized in air transportation contracts and the effect that these efficiencies may have on second destination transportation funding requirements.
NATIONAL DEFENSE SEALIFT FUND
The agreement provides $474,164,000 for the National Defense Sealift Fund.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $34,392,468,000 in Title VI, Other Department of Defense Programs. The agreement on items addressed by either the House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH171215.241
DEFENSE HEALTH PROGRAM
The agreement on items addressed by either the House or the Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH171215.243
[GRAPHIC] [TIFF OMITTED] TH171215.244
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
Concerns remain regarding the transfer of funds from the In-House Care budget sub-activity to pay for contractor- provided medical care. To limit such transfers and improve oversight within the Defense Health Program operation and maintenance account, the agreement includes a provision which caps the funds available for Private Sector Care under the TRICARE program subject to prior approval reprogramming procedures. The provision and accompanying explanatory statement language should not be interpreted as limiting the amount of funds that may be transferred to the In-House Care budget sub-activity from other budget sub-activities within the Defense Health Program. In addition, funding for the In- House Care budget sub-activity continues to be designated as a congressional special interest item. Any transfer of funds from the In-House Care budget sub-activity into the Private Sector Care budget sub-activity or any other budget sub- activity requires the Secretary of Defense to follow prior approval reprogramming procedures for operation and maintenance funds.
The Secretary of Defense is directed to provide written notification to the congressional defense committees of cumulative transfers in excess of $10,000,000 out of the Private Sector Care budget sub-activity not later than fifteen days after such a transfer. Furthermore, the Secretary of Defense is directed to provide a report to the congressional defense committees not later than 30 days after the enactment of this Act that delineates transfers of funds in excess of $10,000,000, and the dates any transfers occurred, from the Private Sector Care budget sub-activity to any other budget sub-activity groups for fiscal year 2015.
The Assistant Secretary of Defense (Health Affairs) is directed to provide quarterly reports to the congressional defense committees on budget execution data for all of the Defense Health Program budget activities and to adequately reflect changes to the budget activities requested by the Services in future budget submissions.
CARRYOVER
For fiscal year 2016, the agreement recommends one percent carryover authority for the operation and maintenance account of the Defense Health Program. The Assistant Secretary of Defense (Health Affairs) is directed to submit a detailed spending plan for any fiscal year 2015 designated carryover funds to the congressional defense committees not less than 30 days prior to executing the carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $50,000,000 for the peer-reviewed cancer research program to research cancers not addressed in the breast, prostate, ovarian, and lung cancer research programs currently executed by the Department of Defense.
The funds provided in the peer-reviewed cancer research program are directed to be used to conduct research in the following areas: bladder cancer, colorectal cancer, immunotherapy, kidney cancer, listeria vaccine for cancer, liver cancer, lymphoma, melanoma and other skin cancers, mesothelioma, neuroblastoma, pancreatic cancer, pediatric brain tumors, and stomach cancer.
The reports directed under this heading in House Report 114-139 and Senate Report 114-63 are still required.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $278,700,000 for a peer-reviewed medical research program. The Secretary of Defense, in conjunction with the Service Surgeons General, is directed to select medical research projects of clear scientific merit and direct relevance to military health. Research areas considered under this funding are restricted to the following areas: acute lung injury, antimicrobial resistance, chronic migraine and post-traumatic headache, congenital heart disease, constrictive bronchiolitis, diabetes, dystonia, emerging infectious diseases, focal segmental glomerulosclerosis, Fragile X syndrome, hepatitis B, hereditary angioedema, hydrocephalus, inflammatory bowel disease, influenza, integrative medicine, interstitial cystitis, lupus, malaria, metals toxicology, mitochondrial disease, nanomaterials for bone regeneration, non-opioid pain management, pancreatitis, pathogen-inactivated dried plasma, polycystic kidney disease, post-traumatic osteoarthritis, psychotropic medications, pulmonary fibrosis, respiratory health, Rett syndrome, rheumatoid arthritis, scleroderma, sleep disorders, tinnitus, tuberculosis, vaccine development for infectious disease, vascular malformations, and women's heart disease. The additional funding provided under the peer-reviewed medical research program shall be devoted only to the purposes listed above.
ELECTRONIC HEALTH RECORD SYSTEM
Concerns remain with the progress being made by the Departments of Defense and Veterans Affairs to develop fully interoperable electronic health record systems. The ultimate goal of the efforts of both Departments is to have systems that can exchange data in a meaningful way and be used in a dynamic environment to improve patient care and facilitate smoother transitions for servicemembers from military service to veteran status.
It is noted that the Department of Defense has provided required information regarding resource requirements for prior years and the fiscal year 2016 budget request in a timely, concise, and complete manner. However, for the necessary oversight of this important program, the Program Executive Officer (PEO) for the Defense Healthcare Management Systems Modernization (DHMSM) is directed to provide quarterly reports to the congressional defense committees and the Government Accountability Office on the cost and schedule of the program, to include milestones, knowledge points, and acquisition timelines, as well as quarterly obligation reports. These reports should also include any changes to the deployment timeline, including benchmarks, for full operating capability; any refinements to the cost estimate for full operating capability and the total lifecycle cost of the program; an assurance that the acquisition strategy will comply with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the federal government; the status of the effort to achieve interoperability between the electronic health record systems of the Department of Defense and the Department of Veterans Affairs, including the scope, cost, schedule, mapping to health data standards, and performance benchmarks of the interoperable record; and the progress toward developing, implementing, and fielding the interoperable electronic health record throughout the two Departments' medical facilities. The PEO DHMSM is directed to continue briefing the House and Senate Appropriations Committees on a quarterly basis, coinciding with the report submission. Given that full deployment of the new electronic health record is not scheduled until fiscal year 2022, the Department of Defense is expected to continue working on interim modifications and enhancements to the current system to improve interoperability in the near-term. Additionally, the PEO DHMSM is directed to provide written notification to the House and Senate Appropriations Committees prior to obligating any contract, or combination of contracts, for electronic health record systems in excess of $5,000,000.
Additionally, the Director of the Interagency Program Office is directed to continue to provide quarterly briefings on standards development, how those standards are being incorporated by the two Departments, and the progress of interoperability to the House and Senate Appropriations Subcommittees for Defense and Military Construction, Veterans Affairs, and Related Agencies. In an effort to ensure government-wide accountability, the PEO DHMSM, in coordination with the appropriate personnel of the Department of Veterans Affairs, is directed to provide the Federal Chief Information Officer of the United States with monthly updates on progress made by the two Departments to reach interoperability and modernize their respective electronic health records.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................................... 139,098 118,198
Recovered Chemical Warfare Material Project excess to need ....................... -20,900
PROCUREMENT................................................... 2,281 2,281
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.................... 579,342 579,342
-------------------------------------------------
TOTAL, CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. 720,721 699,821
----------------------------------------------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
COUNTER-NARCOTICS SUPPORT..................................... 739,009 716,109
Transfer to National Guard counter-drug program........... ....................... -82,900
SOUTHCOM operational support.............................. ....................... 25,000
Transfer to National Guard counter-drug schools........... ....................... -5,000
Program increase.......................................... ....................... 40,000
DRUG DEMAND REDUCTION PROGRAM................................. 111,589 121,589
Young Marines--drug demand reduction...................... ....................... 2,000
Program increase--expanded drug testing................... ....................... 8,000
NATIONAL GUARD COUNTER-DRUG PROGRAM........................... 0 192,900
Transfer from counter-narcotics support................... ....................... 82,900
Program increase.......................................... ....................... 110,000
NATIONAL GUARD COUNTER-DRUG SCHOOLS........................... 0 20,000
Transfer from counter-narcotics support................... ....................... 5,000
Program increase.......................................... ....................... 15,000
-------------------------------------------------
TOTAL, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 850,598 1,050,598 DEFENSE..................................................
----------------------------------------------------------------------------------------------------------------
JOINT URGENT OPERATIONAL NEEDS FUND
The agreement does not recommend funding for the Joint Urgent Operational Needs Fund.
OFFICE OF THE INSPECTOR GENERAL
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................................... 310,459 310,459
PROCUREMENT................................................... 1,000 0
Inspector General identified excess to requirement........ ....................... -1,000
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.................... 4,700 2,100
Inspector General identified excess to requirement........ ....................... -2,600
-------------------------------------------------
TOTAL, OFFICE OF THE INSPECTOR GENERAL.................... 316,159 312,559
----------------------------------------------------------------------------------------------------------------
TITLE VII--RELATED AGENCIES
The agreement provides $1,019,206,000 in Title VII, Related Agencies. The agreement on items addressed by either the House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH171215.245
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a separate, detailed, and comprehensive classified annex. The Intelligence Community, the Department of Defense, and other organizations are expected to fully comply with the recommendations and directions in the classified annex accompanying the Department of Defense Appropriations Act, 2016.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $505,206,000, a decrease of
$24,817,000, for the Intelligence Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions from the House and Senate versions of the bill which were not amended. Those general provisions that were addressed in the agreement are as follows:
The agreement retains a provision proposed by the House which provides general transfer authority not to exceed
$4,500,000,000. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House which identifies tables as Explanation of Project Level Adjustments. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate which provides for the establishment of a baseline for application of reprogramming and transfer authorities for the current fiscal year. The House bill contained a similar provision.
The agreement retains a provision proposed by the Senate which provides for limitations on the use of transfer authority of working capital fund cash balances. The House bill contained a similar provision.
The agreement retains a provision proposed by the House regarding management of civilian personnel of the Department of Defense. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House regarding limitations on the use of funds to purchase anchor and mooring chains. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate to sustain work rates at manufacturing arsenals. The House bill contained no similar provision.
The agreement modifies a provision proposed by the House which prohibits the use of funds to demilitarize or dispose of certain small firearms. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House regarding incentive payments authorized by the Indian Financing Act of 1974. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House which provides funding from various appropriations for the Civil Air Patrol Corporation. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate which prohibits funding from being used to establish new Department of Defense Federally Funded Research and Development Centers with certain limitations. The House bill contained a similar provision.
The agreement retains a provision proposed by the House which prohibits the use of funds to disestablish, close, downgrade from host to extension center, or place a Senior Reserve Officers' Training Corps program on probation. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate which eliminates discounts on tobacco products at military exchanges. The House bill contained no similar provision.
The agreement retains a provision proposed by the House regarding mitigation of environmental impacts on Indian lands resulting from Department of Defense activities. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate making permanent the conditions under which contracts for studies, analyses, or consulting services may be entered into without competition on the basis of an unsolicited proposal. The House bill contained a similar provision.
(RESCISSIONS)
The agreement modifies provisions proposed by the House and the Senate recommending rescissions and provides for the rescission of $1,768,937,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2014 Appropriations:
Cooperative Threat Reduction Account:
Program adjustment..................... $15,000,000
Aircraft Procurement, Army:
Kiowa program termination.............. 9,295,000
Other Procurement, Army:
WIN-T.................................. 40,000,000
Aircraft Procurement, Navy:
E-2D................................... 10,000,000
KC-130J................................ 3,415,000
MH-60R................................. 40,000,000
Weapons Procurement, Navy:
Sidewinder............................. 888,000
Aircraft Procurement, Air Force:
HH-60G................................. 2,300,000
Procurement of Ammunition, Air Force:
Fuzes-HTVSF............................ 6,300,000
Other Procurement, Air Force:
Classified adjustment.................. 24,000,000
MilSatCom terminals.................... 54,000,000
Night vision goggles................... 12,000,000
2015 Appropriations:
Aircraft Procurement, Army:
Aerial common sensor................... 10,000,000
Multi-sensor ABN recon................. 15,000,000
Procurement of Weapons and Tracked Combat Vehicles, Army:
Paladin PIM............................ 7,500,000
Other Procurement, Army:
JTRS................................... 20,000,000
Night vision devices................... 10,000,000
Aircraft Procurement, Navy:
KC-130J................................ 3,418,000
SH-60 series........................... 8,284,000
Weapons Procurement, Navy:
MK-54 mods growth...................... 6,400,000
MK-54 mods other cost.................. 4,717,000
Sidewinder............................. 4,305,000
Procurement of Ammunition, Navy and Marine Corps:
120mm all types contract delay......... 5,011,000
120mm all types support................ 3,895,000
Procurement, Marine Corps:
Amphibious support equipment........... 1,722,000
Distributed common ground system....... 2,500,000
Family of tactical trailers............ 5,000,000
5/4T truck HMMWV....................... 57,255,000
Aircraft Procurement, Air Force:
B-1B................................... 12,300,000
C-17................................... 15,500,000
C-130J................................. 14,776,000
F-15................................... 15,770,000
F-16................................... 6,300,000
F-22 depot activation.................. 15,000,000
HH-60G................................. 2,300,000
KC-46.................................. 117,100,000
Missile Procurement, Air Force:
Defense meteorological satellite 50,000,000
program...............................
Evolved expendable launch vehicle...... 125,000,000
GPS III advance procurement............ 30,000,000
Wideband gapfiller satellites.......... 7,000,000
Other Procurement, Air Force:
Classified programs.................... 8,000,000
Family of beyond-line-of-sight 9,000,000
terminals.............................
Research, Development, Test and Evaluation, Army:
Heavy dump truck....................... 9,299,000
Research, Development, Test and Evaluation, Navy:
COD follow-on.......................... 5,032,000
Marine Corps combat services support... 5,355,000
UCLASS................................. 218,000,000
Research, Development, Test and Evaluation, Air Force:
3DELRR................................. 47,000,000
Classified programs.................... 90,000,000
KC-46.................................. 215,000,000
Long range strike...................... 360,000,000
Space control.......................... 500,000
Space launch range services............ 500,000
Space situational awareness............ 500,000
Space situational awareness operations. 1,000,000
Weather system follow-on............... 4,000,000
Research, Development, Test and Evaluation, Defense-Wide:
DCMO policy and integration............ 2,500,000
------------------------------------------------------------------------
The agreement retains a provision proposed by the House restricting procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the Senate placing restrictions on funding for competitively bid space launch services. The House bill contained no similar provision.
The agreement modifies a provision proposed by the House which provides funding to the United Service Organizations and the Red Cross. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate directing that transfers to Small Business Innovation Research and Small Business Technology Transfer programs be taken proportionally. The House bill contained a similar provision.
The agreement retains a provision proposed by the Senate which prohibits funds from being used to modify Fleet Forces Command command and control relationships. The House bill contained no similar provision.
The agreement retains a provision proposed by the Senate regarding funding for the Sexual Assault Prevention and Response program and the Special Victims' Counsel program. The House bill contained a similar provision.
The agreement retains a provision proposed by the House which provides for a waiver of ``Buy America'' provisions for certain cooperative programs. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate which places restrictions on the use of funds to consolidate or relocate any element of the Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer. The House bill contained no similar provision.
The agreement retains a provision proposed by the Senate which directs the Secretary of Defense to provide a classified quarterly report on certain matters as directed in the classified annex accompanying this Act. The House bill contained a similar provision.
The agreement modifies a provision proposed by the House which prohibits funds from being used to separate the National Intelligence Program from the Department of Defense budget. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House which provides a grant to the Fisher House Foundation, Inc. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House related to funding for the Israeli Cooperative Defense programs. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate regarding specific allocation of funds under Shipbuilding and Conversion, Navy. The House bill contained a similar provision.
The agreement modifies a provision proposed by the House which reduces funding due to favorable foreign exchange rates. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the Senate that provides for the transfer of funds from any available Department of Navy appropriation to any available Navy ship construction appropriation. The House bill contained no similar provision.
The agreement retains a provision proposed by the House that prohibits changes to the Army Contracting Command-New Jersey without prior notification. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate that prohibits the use of funds to retire or divest RQ-4 Global Hawk aircraft. The House bill contained no similar provision.
The agreement retains a provision proposed by the House which prohibits the use of funds to violate the Child Soldier Prevention Act of 2008. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate which provides that funds appropriated in this Act may be available for the purpose of making remittances and transfers to the Defense Acquisition Workforce Development Fund. The House bill contained a similar provision.
The agreement retains a provision proposed by the House which provides for the purchase of heavy and light armored vehicles up to a limit of $450,000 per vehicle. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House related to agreements with the Russian Federation pertaining to United States ballistic missile defense systems. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House which provides the Director of National Intelligence with general transfer authority with certain limitations. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House regarding the transfer of detainees from Naval Station Guantanamo Bay, Cuba to the United States. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House which prohibits the use of funding to modify any United States facility, other than the facility at Naval Station Guantanamo Bay, Cuba, to house any individual detained at Naval Station Guantanamo Bay, Cuba. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House regarding the transfer of detainees from Naval Station Guantanamo Bay, Cuba to foreign countries. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House which prohibits funds from being used to violate the War Powers Resolution. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate which directs that up to $1,000,000 from Operation and Maintenance, Navy shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund. The House bill contained no similar provision.
The agreement retains a provision proposed by the House which prohibits funding from being used in violation of Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate related to funding for Rosoboronexport. The House bill contained a similar provision.
The agreement retains a provision proposed by the House which prohibits funds from being used for the purchase or manufacture of a United States flag unless such flags are treated as covered items under section 2533a(b) of title 10, U.S.C. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House which provides that funds may be used to provide ex gratia payments to local military commanders for damage, personal injury, or death that is related to combat operations in a foreign country. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House that requires the Secretary of Defense to post grant awards on a public website in a searchable format. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House regarding realignment of forces at Lajes Field, Azores, Portugal. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House regarding funding for flight demonstration teams at locations outside the United States. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House which prohibits the use of funds by the National Security Agency to target United States persons under authorities granted in the Foreign Intelligence Surveillance Act of 1978. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House which provides additional funding for basic allowance for housing for military personnel. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House that prohibits the use of funds to implement the Arms Trade Treaty until the treaty is ratified by the Senate. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the Senate which restricts the transfer of administrative responsibilities or budgetary resources of any program to another federal agency not financed by this Act. The House bill contained no similar provision.
The agreement modifies a provision proposed by the House related to the transfer of AH-64 Apache helicopters from the Army National Guard to the active Army. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House that limits the availability of funds authorized for counterterrorism support to foreign partners. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House that prohibits introducing armed forces into Iraq in contravention of the War Powers Act. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House that prohibits the use of funds to retire the A-10 fleet. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House which provides funds to support Department of Defense activities related to the Digital Accountability and Transparency Act. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House which limits the use of funds for the T-AO(X) program. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House which reduces Working Capital Fund, Army and Working Capital Fund, Air Force to reflect excess cash balances. The Senate bill contained no similar provision.
(RESCISSION)
The agreement includes a new provision recommending a rescission. The House and Senate bills contained no similar provisions. The provision provides for the rescission of
$1,037,000,000 from the following program:
------------------------------------------------------------------------
------------------------------------------------------------------------
No Year Appropriations:
Defense Working Capital Fund, Defense:
Excess cash balances................... $1,037,000,000
------------------------------------------------------------------------
The agreement modifies a provision proposed by the House which reduces the total amount appropriated to reflect lower than anticipated fuel costs. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House that prohibits the use of funds to retire the KC-10 fleet. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House prohibiting the retirement of EC-130H aircraft. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House which prohibits the use of funds for gaming or entertainment that involves nude entertainers. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House which prohibits the use of funds for Base Realignment and Closure. The Senate bill contained no similar provision.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
The agreement provides $58,638,000,000 in Title IX, Overseas Contingency Operations/Global War on Terrorism.
REPORTING REQUIREMENTS
The Secretary of Defense is directed to continue to report incremental contingency operations costs for all named operations in the Central Command Area of Responsibility on a monthly basis in the Cost of War Execution report as required by the Department of Defense Financial Management Regulation, Chapter 23, Volume 12. The Secretary of Defense is directed to continue providing Cost of War reports to the congressional defense committees that include the following information by appropriation account: funding appropriated, funding allocated, monthly obligations, monthly disbursements, cumulative fiscal year obligations, and cumulative fiscal year disbursements.
In order to meet unanticipated requirements, the Secretary of Defense may need to transfer funds within these appropriation accounts for purposes other than those specified in the explanatory statement. The Secretary of Defense is directed to follow normal prior approval reprogramming procedures should it be necessary to transfer funding between different appropriation accounts in this title using authority provided in section 9002 of this Act.
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM FUNDS EXECUTION
REPORTS
The Secretary of Defense is directed to submit a monthly report to the congressional defense committees not later than 30 days after the last day of each month that details commitment, obligation, and expenditure data by sub-activity group for the Afghanistan Security Forces Fund, the Counterterrorism Partnerships Fund, and the Iraq Train and Equip Fund.
SYRIA TRAIN AND EQUIP FUND
The House and the Senate included the Syria Train and Equip Fund in title IX. The Syria Train and Equip Fund was designed to provide assistance, training, equipment, supplies, stipends, construction of training and associated facilities, and sustainment to appropriately vetted elements of the Syrian opposition and other appropriately vetted Syrian groups. Recently, the Secretary of Defense announced the suspension of elements of the Syria Train and Equip program due to significant challenges with its implementation and an inability to meet program goals. Clear expectations for the future of the program, including how requested funding would be spent and how the program aligns with the shifting strategy on the ground in Syria, have yet to be provided. Therefore, the agreement does not recommend funding for the Syria Train and Equip Fund, but it allows the Secretary of Defense to use funds from the Counterterrorism Partnerships Fund for efforts to assist appropriately vetted elements of the Syrian opposition, if the Secretary outlines a detailed and clear plan for the use of such funds and provides such justification to the congressional defense committees in a reprogramming request.
AUTHORIZATION TO USE MILITARY FORCE AGAINST THE ISLAMIC STATE OF IRAQ
AND THE LEVANT
The House included a general provision, Section 10001, regarding an authorization to use military force pertaining to the Islamic State of Iraq and the Levant (ISIL). This provision was included as a congressional finding stating that Congress has a constitutional duty to debate and determine whether or not to authorize the use of military force against ISIL. The Senate included a similar provision, Section 9017.
AZOV BATTALION IN UKRAINE
The House included a general provision, Section 10009, prohibiting arms, training, and other assistance to the Azov Battalion in Ukraine. This provision was included due to concerns regarding the Azov Battalion commander's ties to extremism. It is understood that established codified human rights vetting requirements for beneficiaries of assistance from both the Departments of State and Defense would prohibit funding the Azov Battalion from either source if it violates human rights. This language replaces the general provision included in H.R. 2685.
OPERATION FREEDOM'S SENTINEL
The mission of Operation Freedom's Sentinel is to cooperate with allies and partners on the Resolute Support mission and to continue counterterrorism operations against the remnants of al-Qaeda in Afghanistan. The President recently announced that the current troop level of 9,800 will remain in Afghanistan through most of 2016 instead of the budgeted end strength of approximately 5,500 troops, thereby creating a funding shortfall.
The agreement provides an additional $1,277,915,000 in Operation and Maintenance, Army; Military Personnel, Army; and Operation and Maintenance, Defense-Wide for the Special Operations Command to be used only for Operation Freedom's Sentinel. The Office of Management and Budget did not submit a formal budget amendment to Congress and informal recommendations provided by the Under Secretary of Defense
(Comptroller) were provided too late to fully fund the requirement within budget caps. Further, many of the recommended funding offsets had already been applied to meet the reduced funding levels legislated by the Bipartisan Budget Agreement of 2015 or they were untenable, such as reducing funding for Department of Defense schools. The agreement provides sufficient funding to cover the higher level of effort for the Army and Special Operations Command for the first six months of fiscal year 2016. It also provides additional transfer authority with the recognition that the Secretary of Defense will expeditiously submit a reprogramming action to the congressional defense committees to provide funding for the remainder of the fiscal year.
This funding is a congressional special interest item. The Secretary of Defense is directed to provide a spending plan by sub-activity group to the House and Senate Appropriations Committees not later than 15 days prior to any obligation of funds. This funding may be implemented 15 days after congressional notification unless an objection is received from either the House or the Senate Appropriations Committee.
MILITARY PERSONNEL
The agreement on items addressed by either the House or the Senate is as follows:
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OPERATION AND MAINTENANCE
The agreement on items addressed by either the House or the Senate is as follows:
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PROCUREMENT
The agreement on items addressed by either the House or the Senate is as follows:
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NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $1,000,000,000 for National Guard and Reserve Equipment. Of that amount $330,000,000 is designated for the Army National Guard, $330,000,000 for the Air National Guard, $140,000,000 for the Army Reserve,
$140,000,000 for the Air Force Reserve, $50,000,000 for the Navy Reserve, and $10,000,000 for the Marine Corps Reserve.
This funding will allow the reserve components to procure high priority equipment that may be used for combat and domestic response missions. Current reserve component equipping levels are among the highest in recent history and the funding provided by the agreement will help ensure component interoperability and sustained reserve component modernization.
The Secretary of Defense is directed to ensure that the account be executed by the Chiefs of the National Guard and reserve components with priority consideration given to the following items: Acoustic Hailing Devices, Large Aircraft Infrared Countermeasures, Advanced Targeting Pods, Security and Support Mission Equipment Communications Packages for UH- 60 Civil Support Communications, Electromagnetic In-flight Propeller Balance System, Joint Threat Emitter Systems, Data Links in Ground Vehicles, upgrades for First Responder Tactical Radios, Training Systems and Simulators, Multi- Mission Wide Area Sensors, Wireless Mobile Mesh Network Technologies, Personal protection radiation dosimeters, Integrated Facial Protection components for standard issue helmets, Laser Protective Eyewear, HMMWV Ambulances, Small Arms Simulation Training Systems, Crashworthy Auxiliary Fuel Systems, Reactive Skin Decontamination Lotion, Semi-Permanent Humidity Controlled Shelters, Counter Mortar Radar Systems, Active Electronically Scanned Array Radars for F-16, Digital Radar Warning Receivers for F-16 and C-130, and Engine Upgrades for C-130 including Modular Blade Technology.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement on items addressed by either the House or the Senate is as follows:
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REVOLVING AND MANAGEMENT FUNDS
The agreement provides $88,850,000 for Revolving and Management Funds.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
IN-HOUSE CARE................................................. 65,149 65,149
PRIVATE SECTOR CARE........................................... 192,210 192,210
CONSOLIDATED HEALTH SUPPORT................................... 9,460 9,460
EDUCATION AND TRAINING........................................ 5,885 5,885
-------------------------------------------------
TOTAL, OPERATION AND MAINTENANCE.......................... 272,704 272,704
----------------------------------------------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES................. 186,000 186,000
TOTAL, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES...... 186,000 186,000
----------------------------------------------------------------------------------------------------------------
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
ATTACK THE NETWORK............................................ 219,550 219,550
DEFEAT THE DEVICE............................................. 77,600 77,600
TRAIN THE FORCE............................................... 7,850 7,850
STAFF AND INFRASTRUCTURE...................................... 188,271 44,464
Transfer Staff and Infrastructure funding to OM,DW OCO/ -100,000 GWOT.....................................................
Program reduction......................................... -43,807
-------------------------------------------------
TOTAL, JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.. 493,271 349,464
----------------------------------------------------------------------------------------------------------------
-OFFICE OF THE INSPECTOR GENERAL
The agreement on items addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2016 Request Final Bill
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................................... 10,262 10,262
-------------------------------------------------
TOTAL, OFFICE OF THE INSPECTOR GENERAL.................... 10,262 10,262
----------------------------------------------------------------------------------------------------------------
GENERAL PROVISIONS--THIS TITLE
The agreement for title IX incorporates general provisions from the House and Senate versions of the bill which were not amended. Those general provisions that were addressed in the agreement are as follows:
The agreement modifies a provision proposed by the House which provides for general transfer authority within title IX. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House which provides for the procurement of passenger motor vehicles and heavy and light armored vehicles for use by military and civilian employees of the Department of Defense in the United States Central Command area. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate related to the Commanders' Emergency Response Program. The House bill contained a similar provision.
The agreement modifies a provision proposed by the House which provides funds for the Office of Security Cooperation in Iraq. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House which provides security assistance to the Government of Jordan. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House which prohibits the use of the Iraq Train and Equip Fund to procure or transfer man-portable air defense systems. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House which provides assistance and sustainment to the military and national security forces of Ukraine. The Senate bill contained a similar provision.
The agreement includes a new provision related to the replacement of funds for items provided to the Government of Ukraine. The House and Senate bills contained no similar provisions.
The agreement retains a provision proposed by the House which prohibits the use of assistance and sustainment to the military and national security forces of Ukraine funds to procure or transfer man-portable air defense systems. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House which provides funds for reimbursement to the Government of Pakistan contingent upon certification by the Secretary of Defense, with concurrence from the Secretary of State, that certain conditions have been met. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House which provides funds to the Department of Defense to improve intelligence, surveillance, and reconnaissance capabilities. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate which prohibits the use of funds to transfer additional C-130 aircraft to Afghanistan until the Department of Defense conducts a review of the country's medium airlift requirements. The House bill contained no similar provision.
(RESCISSION)
The agreement includes a new provision recommending rescissions. The House and Senate bills contained no similar provisions. The provision provides for the rescission of $400,000,000 from the following program:
------------------------------------------------------------------------
------------------------------------------------------------------------
2015 Appropriations:
Afghanistan Security Forces Fund:
Program adjustment..................... $400,000,000
------------------------------------------------------------------------
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DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
The following statement to the House of Representatives and the Senate is submitted in explanation of the agreed upon Act making appropriations for energy and water development for the fiscal year ending September 30, 2016, and for other purposes.
The language and allocations set forth in House Report 114--91 and Senate Report 114--54 carry the same emphasis as the language included in this explanatory statement and should be complied with unless specifically addressed to the contrary herein. Report language included by the House that is not changed by the report of the Senate or this explanatory statement and Senate report language that is not changed by this explanatory language is approved. This 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 the Committees on Appropriations of both Houses of Congress. House or Senate reporting requirements with deadlines prior to or within 15 days of the enactment of this Act shall be submitted no later than 60 days after the enactment of this Act. All other reporting deadlines not changed by this explanatory statement are to be met.
Funds for the individual programs and activities within the accounts in this Act are displayed in the detailed table at the end of the explanatory statement for this Act. Funding levels that are not displayed in the detailed table are identified in this explanatory statement.
In fiscal year 2016, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-- 177), the following information provides the definition of the term ``program, project, or activity'' for departments and agencies under the jurisdiction of the Energy and Water Development Appropriations Act. The term ``program, project, or activity'' shall include the most specific level of budget items identified in the Energy and Water Development Appropriations Act, 2016 and the explanatory statement accompanying the Act.
National Ocean Policy.--The agreement does not include section 505 of the House bill regarding the National Ocean Policy. No specific funding was provided in fiscal year 2015 and none was requested by any agencies funded in this Act in fiscal year 2016 to implement the National Ocean Policy. Consequently, no specific funds for National Ocean Policy activities are included for any agency funded in this Act.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the dispositions with respect to the individual appropriations, projects, and activities of the Corps of Engineers. Additional items of the Act are discussed below.
Concerns persist that the effort to update the Water Resources Principles and Guidelines did not proceed consistent with the language or intent of section 2031 of the Water Resources Development Act of 2007. No funds provided to the Corps of Engineers shall be used to develop or implement rules or guidance to support implementation of the final Principles and Requirements for Federal Investments in Water Resources released in March 2013 or the final Interagency Guidelines released in December 2014. The Corps shall continue to use the document dated March 10, 1983, and entitled ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies'' during the fiscal year period covered by the Energy and Water Development Appropriations Act for 2016.
Recent statutory changes regarding the Inland Waterways Trust Fund (IWTF) have resulted in an increase to the size of the capital improvement program that can be supported by the IWTF. The agreement reflects congressional interest in supporting this larger program. The Corps is directed to take the preparatory steps necessary to ensure that new construction projects can be initiated as soon as can be supported under the larger capital program (i.e., as ongoing projects approach completion).
The agreement does not include Senate report direction regarding program coordination and execution.
Asian carp.--The Corps is directed to expedite authorized actions related to addressing the threat Asian carp pose to the Great Lakes basin, including the Brandon Road Study. Given the promise Brandon Road Lock and Dam holds as a single point to control upstream transfer of invasive species, delays to this study would pose an unnecessary threat to the Great Lakes. Upon completion of the study, the Corps is directed to expeditiously pursue authorization of any proposed modification to Brandon Road Lock and Dam through the appropriate congressional committees.
The Corps is further directed to establish formal emergency procedures under the authorities provided under Section 1039 of the Water Resources Reform and Development Act of 2014
(P.L. 113--121), including rapid response protocols, monitoring, and other countermeasures, that are appropriate to prevent Asian Carp from passing beyond the Brandon Road Lock and Dam while still complying with the Lock's existing authorized purposes and the River and Harbor Act of 1899 (33 U.S.C. 401 et seq.). These procedures shall be established in coordination with the U.S. Fish and Wildlife Service and in consultation with the Asian Carp Regional Coordinating Committee.
Economic Impact Study.--The Comptroller General is directed to study the cumulative economic impact of all shallow draft ports on the Mississippi River between St. Louis, Missouri, and Baton Rouge, Louisiana. The study shall include an assessment of the following: current freight flows of barge traffic on the middle and lower Mississippi River; how industry stakeholders and experts describe the contribution of inland ports to the local and national economy; how factors such as the Panama Canal expansion are expected to contribute to future trends in barge traffic on the middle and lower Mississippi River; how dredging of the middle and lower Mississippi River and its inland ports is funded; and other options that are available to fund dredging in the middle and lower Mississippi River.
ADDITIONAL FUNDING
The fiscal year 2016 budget request significantly underfunds the Civil Works program of the Corps of Engineers. The agreement, however, includes funding in addition to the budget request to ensure continued improvements to our national economy, public safety, and environmental health that result from water resources projects. This funding is for additional work that either was not included in the Administration's request or was inadequately budgeted. The bill contains a provision requiring the Corps to allocate funds in accordance with only the direction in this agreement.
The Corps again is directed to develop rating systems for use in evaluating studies and projects for allocation of the additional funding provided in this title. These evaluation systems may be, but are not required to be, individualized for each account, category, or subcategory. Each study and project eligible for funding shall be evaluated under the applicable ratings system. A study or project may not be excluded from evaluation for being ``inconsistent with Administration policy.'' The Corps retains complete control over the methodology of these ratings systems. The executive branch retains complete discretion over project-specific allocation decisions within the additional funds provided, subject to only the direction here and under the heading
``Additional Funding'' or ``Additional Funding for Ongoing Work'' within each of the Investigations, Construction, Mississippi River and Tributaries, and Operation and Maintenance accounts.
The Administration is reminded that these funds are in addition to its budget request, and Administration budget metrics shall not be a reason to disqualify a study or project from being funded. It is expected that all of the additional funding provided will be allocated to specific programs, projects, or activities. The focus of the allocation process shall favor the obligation, rather than expenditure, of funds for work in fiscal year 2016. With the significant backlog of work in the Corps' inventory, there is no reason for funds provided above the budget request to remain unallocated.
A project or study shall be eligible for additional funding within the Investigations, Construction, and Mississippi River and Tributaries accounts if: (1) it has received funding, other than through a reprogramming, in at least one of the previous three fiscal years; (2) it was previously funded and could reach a significant milestone, complete a discrete element of work, or produce significant outputs in fiscal year 2016; or (3) as appropriate, it is selected as one of the new starts allowed in accordance with this Act and the additional direction provided below. None of the additional funding in any account may be used for any item where funding was specifically denied or for projects in the Continuing Authorities Program. Funds shall be allocated consistent with statutory cost share requirements.
Funding associated with each category may be allocated to any eligible study or project, as appropriate, within that category; funding associated with each subcategory may be allocated only to eligible studies or projects, as appropriate, within that subcategory. The list of subcategories is not meant to be exhaustive.
Work plan.--Not later than 60 days after the enactment of this Act, the Corps shall provide to the Committees on Appropriations of both Houses of Congress a work plan including the following information: (1) a detailed description of the ratings system(s) developed and used to evaluate studies and projects; (2) delineation of how these funds are to be allocated; (3) a summary of the work to be accomplished with each allocation, including phase of work; and (4) a list of all studies and projects that were considered eligible for funding but did not receive funding, including an explanation of whether the study or project could have used funds in fiscal year 2016 and the specific reasons each study or project was considered as being less competitive for an allocation of funds.
New Starts.--The agreement includes the direction regarding the definition of a new start included in the House report. The agreement includes up to ten new study starts and six new construction starts to be distributed across the three main mission areas of the Corps. Of the new study starts, three shall be for navigation studies, three shall be for flood and storm damage reduction studies, one shall be for an additional navigation or flood and storm damage reduction study, and three shall be for environmental restoration studies. Of the new construction starts, one shall be for a navigation project, one shall be for a flood and storm damage reduction project, three shall be for additional navigation or flood and storm damage reduction projects, and one shall be for an environmental restoration project. No funding shall be used to initiate new studies, programs, projects, or activities in the Mississippi River and Tributaries or Operation and Maintenance accounts.
The Corps is directed to propose a single group of new starts as a part of the work plan. The Corps may not change or substitute the new starts selected once the work plan has been provided to the Committees on Appropriations of both Houses of Congress. Each new start shall be funded from the appropriate additional funding line item. Any project for which the new start requirements are not met by the end of fiscal year 2016, or by the earlier date as specified, shall be treated as if the project had not been selected as a new start; such a project shall be required to compete again for new start funding in future years. Consideration of studies and projects for selection as new starts shall not be limited to only those proposed in the Administration's budget request. As all new starts are to be chosen by the Corps, all shall be considered of equal importance, and the expectation is that future budget submissions will include appropriate funding for all new starts selected. A new construction start shall not be required for work undertaken to correct a design deficiency on an existing federal project; it shall be considered ongoing work.
In addition to the priority factors used to allocate all additional funding provided in the Investigations account, the Corps should give careful consideration to the out-year budget impacts of the studies selected and to whether there appears to be an identifiable local sponsor that will be ready and able to provide, in a timely manner, the necessary cost share for the feasibility and preconstruction engineering and design (PED) phases. No new start or new investment decision shall be required when moving from feasibility to PED.
In addition to the priority factors used to allocate all additional funding provided in the Construction account, the Corps also shall consider the out-year budget impacts of the selected new starts and the cost sharing sponsor's ability and willingness to promptly provide the cash contribution (if any), as well as required lands, easements, rights-of-way, relocations, and disposal areas. When considering new construction starts, only those that can execute a project cost sharing agreement not later than August 31, 2016, shall be chosen.
To ensure that the new construction starts are affordable and will not unduly delay completion of any ongoing projects, the Secretary is required to submit to the Committees on Appropriations of both Houses of Congress a realistic out- year budget scenario prior to issuing a work allowance for a new start. It is understood that specific budget decisions are made on an annual basis and that this scenario is neither a request for nor a guarantee of future funding for any project. Nonetheless, this scenario shall include an estimate of annual funding for each new start utilizing a realistic funding scenario through completion of the project, as well as the specific impacts of that estimated funding on the ability of the Corps to make continued progress on each previously funded construction project (including impacts to the optimum timeline and funding requirements of the ongoing projects) and on the ability to consider initiating new projects in the future. The scenario shall assume a Construction account funding level at the average of the past three budget requests.
INVESTIGATIONS
The agreement includes $121,000,000 for Investigations. The agreement includes legislative language regarding parameters for new study starts.
The allocation for projects and activities within the Investigations account is shown in the following table:
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Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2016.
Mobile Harbor, Alabama, Limited Reevaluation Report.--The Assistant Secretary of the Army for Civil Works is directed to budget for this project at the rate indicated in Section 110 of the Energy and Water Development and Related Agencies Appropriations Act, 2015. In future budget submissions, the Secretary shall adhere to congressional direction included in statute regarding this project.
North Atlantic Coast Comprehensive Study Focus Areas.--The agreement includes funding for the three focus areas as separate and individual feasibility studies. The Corps is directed to maintain this characterization (individual, ongoing activities) when making future funding decisions for study activities for these three focus areas, as well as the other six focus areas identified in the Comprehensive Study.
Additional Funding.--When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing studies or to initiating new studies that will enhance the nation's economic development, job growth, and international competitiveness; are for projects located in areas that have suffered recent natural disasters; or are for projects to address legal requirements. While the additional funding is shown in the feasibility column, the Corps shall use these funds for additional work in both the feasibility and PED phases. The agreement includes sufficient additional funding to undertake a significant amount of feasibility and PED work. The Administration is reminded that a project study is not complete until the PED phase is complete.
Upper Mississippi River Comprehensive Plan.--In lieu of Senate report direction for the Upper Mississippi River Comprehensive Plan, the agreement encourages the Corps of Engineers to provide, not later than 60 days after the enactment of this Act, a comprehensive survey of the authorization and funding requirements necessary for the Corps to continue work on the Upper Mississippi River Comprehensive Plan, including work on alternative scenarios for the 500 year flood (included in the current plan, Plan H). The Corps is encouraged to outline the perceived challenges to, and recommendations for, working toward the creation of an overall flood risk management plan for the entire main stem of the Mississippi River as part of the report.
Upper Mississippi River-Illinois Waterway System.-- Unfortunately, the bipartisan support for the Navigation and Ecosystem Sustainability Program (NESP), spanning almost a decade, has not resulted in NESP's implementation. In fact, the program has been idle since fiscal year 2011, when it last received funding for ongoing PED activities. Recently, the Administration signaled its intent to take the unusual step of conducting a new economic analysis. While an update of the benefits and costs of the program, similar to updates for other projects, may be warranted, a complete reanalysis is not. The program was recommended in a Chief's Report and authorized in statute; the next appropriate step is to complete PED. Consequently, the Corps is directed to provide to the Committees on Appropriations of both Houses of Congress, not later than 30 days after the enactment of this Act, a report detailing the scope, schedule, and budget for completing any update or reanalysis to be undertaken. Additionally, the Corps shall provide the Committees on Appropriations of both Houses of Congress with monthly briefings on the status of any update or reanalysis until such work is completed.
CONSTRUCTION
The agreement includes $1,862,250,000 for Construction. The agreement includes legislative language regarding parameters for new construction starts.
The allocation for projects and activities within the Construction account is shown in the following table:
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Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2016.
Additional Funding.--The agreement includes additional funds for projects and activities to enhance the nation's economic growth and international competitiveness. Of the additional funds provided in this account, the Corps shall allocate not less than $12,450,000 to projects with riverfront development components. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than
$18,000,000 to additional nonstructural flood control projects. Of the additional funds provided in this account for other authorized project purposes and environmental restoration or compliance, the Corps shall allocate not less than $5,000,000 to authorized reimbursements for projects with executed project cooperation agreements and that have completed construction or where non-federal sponsors intend to use the funds for additional water resources development activities.
When allocating the additional funding provided in this account, the Corps shall consider giving priority to the following:
1. the benefits of the funded work to the national economy;
2. extent to which the work will enhance national, regional, or local economic development;
3. number of jobs created directly by the funded activity;
4. ability to obligate the funds allocated within the fiscal year, including consideration of the ability of the non-federal sponsor to provide any required cost share;
5. ability to complete the project, separable element, or project phase with the funds allocated;
6. for flood and storm damage reduction projects (including authorized nonstructural measures and periodic beach renourishments),
a. population, economic activity, or public infrastructure at risk, as appropriate; and
b. the severity of risk of flooding or the frequency with which an area has experienced flooding;
7. for navigation projects, the number of jobs or level of economic activity to be supported by completion of the project, separable element, or project phase;
8. for projects cost shared with the Inland Waterways Trust Fund (IWTF), the economic impact on the local, regional, and national economy if the project is not funded, as well as discrete elements of work that can be completed within the funding provided in this line item;
9. for other authorized project purposes and environmental restoration or compliance projects, to include the beneficial use of dredged material; and
10. for environmental infrastructure, projects with the greater economic impact, projects in rural communities, and projects in counties or parishes with high poverty rates.
The agreement provides funds making use of all estimated annual revenues in the IWTF. The Corps shall allocate all funds provided in the IWTF Revenues line item along with the statutory cost share from funds provided in the Navigation line item prior to allocating the remainder of funds in the Navigation line item. Current fiscal year 2016 capability estimates for all ongoing construction projects cost shared with the IWTF total $171,200,000 above the budget request. Any report prepared pursuant to section 2002(d) of the Water Resources Reform and Development Act (WRRDA) of 2014 will need to be reviewed by the Congress prior to the Corps incorporating any part of the report into funding decisions. Therefore, when allocating the additional funding provided for projects cost shared with the IWTF, the Corps shall continue to use, as appropriate, the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as the applicable 20-year plan.
Aquatic Plant Control Program.--Of the funding provided for the Aquatic Plant Control Program, $4,000,000 shall be for nationwide research and development to address invasive aquatic plants; within this funding, the Corps is encouraged to support cost shared aquatic plant management programs. Of the funding provided for the Aquatic Plant Control Program,
$4,000,000 shall be for watercraft inspection stations, as authorized by section 1039 of the WRRDA.
Continuing Authorities Program (CAP).--The agreement includes a total of $29,500,000 for eight CAP sections. The management of the program shall continue consistent with the guidelines outlined in the explanatory statement accompanying the fiscal year 2015 Act.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $345,000,000 for Mississippi River and Tributaries.
The allocation for projects and activities within the Mississippi River and Tributaries account is shown in the following table:
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Additional Funding for Ongoing Work.--When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing work that will enhance the nation's economic development, job growth, and international competitiveness, or are for studies or projects located in areas that have suffered recent natural disasters. While this funding is shown under remaining items, the Corps shall use these funds in investigations, construction, and operation and maintenance, as applicable. Modernization of equipment for river channel armoring and stabilization is an activity eligible to compete for the additional funding provided in this account. Of the additional funds provided in this account for flood control, the Corps shall allocate not less than $25,000,000 for additional flood control construction projects. Of the additional funds provided in this account for other authorized project purposes, the Corps shall allocate not less than $3,000,000 for operation and maintenance of facilities that are educational or to continue land management of mitigation features. No funding is required to be allocated for land surveying equipment.
Mississippi River Commission.--No funding is provided for this new line item. The Corps is directed to continue funding the costs of the commission from within the funds provided for activities within the Mississippi River and Tributaries project.
OPERATION AND MAINTENANCE
The agreement includes $3,137,000,000 for Operation and Maintenance.
The allocation for projects and activities within the Operation and Maintenance account is shown in the following table:
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Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2016.
Lowell Creek Tunnel, Alaska.--Currently, there are problems with the existing Lowell Creek Tunnel. The Corps is encouraged to include in future budget requests a study for an alternative method of flood diversion for Lowell Canyon. The Water Resources Development Act of 2007 transferred responsibility for long-term maintenance and repair to the Corps until a new alternative was built, or for 15 years, whichever was earlier. The Corps has not progressed towards developing an alternative, and the City of Seward cannot afford the estimated $1,500,000 per year in operation and maintenance costs of the tunnel.
Additional Funding for Ongoing Work.--When allocating the additional funding provided in this account, the Corps shall consider giving priority to the following:
1. ability to complete ongoing work maintaining authorized depths and widths of harbors and shipping channels, including where contaminated sediments are present;
2. ability to address critical maintenance backlog;
3. presence of the U.S. Coast Guard or other water safety or police force presence;
4. extent to which the work will enhance national, regional, or local economic development, including domestic manufacturing capacity;
5. extent to which the work will promote job growth or international competitiveness;
6. number of jobs created directly by the funded activity;
7. ability to obligate the funds allocated within the fiscal year;
8. ability to complete the project, separable element, project phase, or useful increment of work within the funds allocated;
9. the risk of imminent failure or closure of the facility; and
10. for harbor maintenance activities,
a. total tonnage handled;
b. total exports;
c. total imports;
d. dollar value of cargo handled;
e. energy infrastructure and national security needs served;
f. designation as strategic seaports;
g. lack of alternative means of freight movement; and
h. savings over alternative means of freight movement.
Additional funding provided for donor ports and energy transfer ports shall be allocated in accordance with section 2106 of the WRRDA. Of the funds made available for donor ports, 50 percent of such funds shall be allocated equally among eligible donor ports and 50 percent shall be allocated based on each eligible donor port's percentage of the total Harbor Maintenance Tax revenues generated at such ports.
Monitoring of Completed Navigation Projects.--Of the funding provided, $2,000,000 shall be for research described in the Senate report under the heading ``Operations and Maintenance--Fisheries.''
Water Operations Technical Support.--Funding in addition to the budget request is included for research into atmospheric rivers first funded in fiscal year 2015.
Emerging Harbor Projects.--The agreement includes funding for individual projects defined as emerging harbor projects in section 210(f)(2) of the Water Resources Development Act
(WRDA) of 1986 that exceeds the funding levels envisioned in section 210(c)(3) and 210(d)(1)(B)(ii) of WRDA 1986.
Great Lakes Navigation System.--The agreement includes funding for individual projects within this System that exceeds the funding level envisioned in section 210(d)(1)(B)(ii) of WRDA 1986.
WRRDA Section 1039.--In lieu of Senate report direction, the agreement includes funding in the Construction account.
WRRDA Section 4001.--The Congress has made clear its intent that the Susquehanna, Delaware, and Potomac River Basin Commissions be supported, and the Corps is encouraged to budget accordingly.
Western Drought Contingency Plans.--The Corps of Engineers carries out water control management activities for Corps of Engineers and non-Corps of Engineers projects as required by federal laws and directives. These activities are governed by the establishment of water control plans. Many of these plans and manuals were developed decades ago and are required to be revised as necessary to conform to changing requirements. Continuous examination of regulation schedules and possible need for storage reallocation within existing authority and constraints would be beneficial, with emphasis placed on evaluating current or anticipated conditions that could require deviation from normal release schedules as part of drought contingency plans.
Not later than 90 days after the enactment of this Act, the Secretary shall provide to the Committees on Appropriations of both Houses of Congress a report including the following information for any western State under a gubernatorial drought declaration during water year 2015: (1) a list of Corps of Engineers and non-Corps of Engineers (section 7 of the 1944 Flood Control Act) projects that have a Corps of Engineers developed water control plan; (2) the year the original water control manual was approved; (3) the year for any subsequent revisions to the project's water control plan and manual; (4) a list of projects where operational deviations for drought contingency have been requested and the status of the request; (5) how water conservation and water quality improvements were addressed; (6) a list of projects where permanent changes to storage allocations have been requested and the status of the request.
Dredged Material Disposal.--In lieu of direction included in the House report, the agreement includes direction on dredged material disposal policy in the Expenses account.
Disposal of Dredged Material.--In lieu of direction included in the Senate report, the agreement includes legislative language regarding certain dredged material activities.
Monitoring Requirement.--The agreement does not include Senate report direction regarding a monitoring requirement.
REGULATORY PROGRAM
The agreement includes $200,000,000 for the Regulatory Program.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $112,000,000 for the Formerly Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $28,000,000 for Flood Control and Coastal Emergencies.
EXPENSES
The agreement includes $179,000,000 for Expenses.
Dredged Material Disposal.--The Corps of Engineers Headquarters, in conjunction with the Office of the Assistant Secretary of the Army for Civil Works, are responsible for promulgating national policy. As directed in the House report under Operation and Maintenance, the Corps and the Secretary shall undertake a review of existing policies related to dredged material disposal given changing circumstances. This review is not intended to be a study, rather a review of existing policy to determine if it continues to serve the national interest.
Public-Private Partnership Program.--There is strong support in Congress for the public-private partnership (P3) program authorized in section 5014 of WRRDA 2014. As part of its Civil Works Transformation initiative, the Corps has been discussing for several years the idea of public-private partnerships as a project delivery tool to help sustain the performance of existing infrastructure and construct new infrastructure more quickly. Water resource projects are different from more traditional P3 projects in key ways, however, and these issues need to be addressed before a P3 program could be viable. The Corps is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 45 days after the enactment of this Act a report detailing any work to date on developing public- private partnerships generally (including public-public- private partnerships or P4s) and on implementing section 5014 specifically (including a schedule for issuing implementation guidance). The report also shall include a list of any P3 or P4 demonstration projects being evaluated and a detailed description of the goals, advances, and remaining challenges for each such demonstration project. The Corps of Engineers should demonstrate the value of projects that use a Partnership model and should select at least one project identified in the report required above as a new construction start.
In addition to the report required above, the Secretary is directed to develop a policy on how proposals for public- private partnerships will be considered by the Corps and how these partnerships will be incorporated into the budget policy.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $4,750,000 for the Office of the Assistant Secretary of the Army for Civil Works. The agreement includes legislative language that restricts the availability of funding until the Secretary submits a work plan that allocates at least 95 percent of the additional funding provided in each account (i.e., 95 percent of additional funding provided in Investigations, 95 percent of additional funding provided in Construction, etc.). This restriction shall not affect the roles and responsibilities established in previous fiscal years of the Office of the Assistant Secretary of the Army for Civil Works, the Corps headquarters, the Corps field operating agencies, or any other executive branch agency.
Water Supply Storage.--The Water Resources Development Act
(WRDA) of 1986 changed the method of pricing water supply storage at Corps of Engineers projects for only those contracts signed after enactment. Pre-existing contracts remained under the terms of the Water Supply Act of 1958, as amended in 1961. The Secretary is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a recommendation on whether the terms of the WRDA 1986 should be extended to all water supply storage contracts. The recommendation shall be accompanied by an assessment of a representative sample of pre-WRDA 1986 water supply storage contracts, including impacts to water users and to the federal treasury.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to reprogramming.
The agreement includes a provision regarding the allocation of funds.
The agreement includes a provision prohibiting the use of funds to carry out any contract that commits funds beyond the amounts appropriated for that program, project, or activity.
The agreement includes a provision concerning funding transfers related to fish hatcheries.
The agreement includes a provision prohibiting funds from being used to develop or implement changes to certain definitions for the purposes of the Clean Water Act during fiscal year 2016.
The agreement includes a provision regarding certain dredged material disposal activities.
The agreement includes a provision deauthorizing a project.
The agreement includes a provision regarding acquisitions.
The agreement includes a provision relating to section 5018(a)(1) of the Water Resources Development Act of 2007 regarding Missouri River Recovery.
In lieu of the House report, the agreement includes a provision regarding section 404 of the Federal Water Pollution Control Act.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $10,000,000 for the Central Utah Project Completion Account, which includes
$7,650,000 for Central Utah Project construction, $1,000,000 for transfer to the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission, and $1,350,000 for necessary expenses of the Secretary of the Interior.
Bureau of Reclamation
Reclamation is expected to execute its program in accordance with congressional direction provided in this agreement.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes $1,118,972,000 for Water and Related Resources.
The agreement for Water and Related Resources is shown in the following table:
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Central Valley Project, Friant Division, San Joaquin River Restoration.--The agreement does not include a separate account for this item. Funding is included in the Water and Related Resources account as a separate line item under the Friant Division of the Central Valley Project.
Safety of Dams Act of 1978.--The agreement does not include Senate report language regarding the Safety of Dams Act of 1978.
Additional Funding for Water and Related Resources Work.-- The agreement includes funds in addition to the budget request for Water and Related Resources studies, projects, and activities. Priority in allocating these funds should be given to advance and complete ongoing work, including preconstruction activities and where environmental compliance has been completed; improve water supply reliability; improve water deliveries; enhance national, regional, or local economic development; promote job growth; advance tribal and nontribal water settlement studies and activities; or address critical backlog maintenance and rehabilitation activities. Funding provided under the heading ``Western Drought Response'' may be allocated to any authorized purpose, but shall be allocated to those activities that will have the most direct, most immediate, and largest impact on extending limited water supplies during current drought conditions. Reclamation is encouraged to use all available authorities to provide for additional water supplies through conservation, minor changes to the operations of existing projects, drilling emergency wells, or other means authorized under current law. This additional funding may be used alone or in combination with any other funding provided in a program, project, or activity. Not later than 45 days after the enactment of this Act, Reclamation shall provide to the Committees on Appropriations of both Houses of Congress a report delineating how these funds are to be distributed, in which phase the work is to be accomplished, and an explanation of the criteria and rankings used to justify each allocation.
Indian Water Rights Settlements.--The agreement includes funds for these activities in the Water and Related Resources account, instead of in a separate account as proposed in the budget request. To maintain the visibility of these projects, the agreement includes the four projects under the Regional Programs heading with a subheading called Indian Water Rights Settlements.
WaterSMART Program.--The agreement recommends that grants funded under the WaterSMART Program have a near-term impact on water conservation and improved water management. Reclamation is urged to prioritize funding for projects in regions most stricken by drought.
Rural Water.--Voluntary funding in excess of legally required cost shares for rural water projects is acceptable, but shall not be used by Reclamation as a criterion for allocating additional funding provided in this agreement or for budgeting in future years.
Buried Metallic Water Pipe.--The agreement includes Senate report direction on buried metallic water pipe.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $49,528,000 for the Central Valley Project Restoration Fund.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $37,000,000 for the California Bay- Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $59,500,000 for Policy and Administration. The agreement includes $1,000,000 for Reclamation to contract with one of the Department of Energy's national laboratories with expertise in materials and corrosion disciplines to develop performance data for zinc-coated ductile iron pipe applications in highly- or severely-corrosive soils. The laboratory shall then evaluate and recommend, based on such performance data and any other relevant data or information the laboratory may obtain--and without the input, involvement, or oversight by the Bureau of Reclamation--whether the material meets the corrosion protection requirements in the Bureau of Reclamation's Technical Memorandum 8140-CC-2004-1 ``Corrosion Considerations for Buried Metallic Water Pipe''. Not later than September 30, 2016, the laboratory shall report its findings and recommendations directly to the Committees on Appropriations of both Houses of Congress without prior review by the Bureau of Reclamation. The laboratory shall ensure all business-sensitive data is protected as part of this evaluation.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting the Bureau of Reclamation to purchase not more than five passenger vehicles for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
The agreement includes a provision outlining the circumstances under which the Bureau of Reclamation may reprogram funds.
The agreement includes a provision regarding the San Luis Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding the Reclamation Safety of Dams Act of 1978.
The agreement includes a provision regarding the Reclamation Safety of Dams Act of 1978.
In lieu of the Senate report, the agreement includes a provision regarding completion of certain feasibility studies.
The agreement includes a provision regarding an authorization of appropriations under the Secure Water Act of 2009.
The agreement includes a provision extending authorization of the Calfed Bay-Delta Authorization Act.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $29,717,278,000 for the Department of Energy to fund programs in its primary mission areas of science, energy, environment, and national security.
Technology Transfer.--The Office of Technology Transitions is encouraged to treat the applied research offices equitably when utilizing funds to assist the transfer of federally funded research into the commercial sector. The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a report on the activities of the Office of Technology Transitions and provide a table tracking the usage of the Energy Technology Commercialization Fund to specific technology transfer and partnership activities.
Educational Activities.--The Department is prohibited from funding fellowship and scholarship programs in fiscal year 2016 unless the programs were explicitly included in the budget justification or funded within this agreement.
Residential Furnaces.--The Department is urged to take into account different climate zones and consider impacts to rural communities in its continued talks with key stakeholders as it amends energy conservation standards for residential furnaces.
Consolidated Emergency Operations Center.--The agreement provides no funding for planning or construction of the Consolidated Emergency Operations Center. The Department shall assign responsibility for a Consolidated Emergency Operations Center to the Office of the Undersecretary for Management and Performance and is directed to submit proposed funding requirements and any authorizations needed to move forward with planning and construction of the Consolidated Emergency Operations Center as part of its fiscal year 2017 budget request.
Reprogramming Requirements
The agreement carries the Department's reprogramming authority in statute to ensure that the Department carries out its programs consistent with congressional direction. The Department should, when possible, submit consolidated, cumulative notifications to the Committees on Appropriations of both Houses of Congress.
Definition.--A reprogramming includes the reallocation of funds from one program, project, or activity to another within an appropriation. For construction projects, a reprogramming constitutes the reallocation of funds from one construction project to another project or a change of
$2,000,000 or 10 percent, whichever is less, in the scope of an approved project.
ENERGY PROGRAMS
Energy Efficiency And Renewable Energy
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,073,000,000 for Energy Efficiency and Renewable Energy (EERE). The agreement includes a provision that authorizes the transfer of up to $45,000,000 to the Defense Production Act Fund.
The Department is encouraged to examine the feasibility of implementing high throughput combinatorial experimentation
(HTCE), to advance materials and device development in hydrogen and fuel cells, vehicle lightweighting, solar and building technologies and other areas of the EERE office portfolio that may benefit from acceleration or breadth of exploration afforded by HTCE.
The Department is directed to end the practice of taking a small fraction of annual funding within EERE technology offices to fund incubator programs.
SUSTAINABLE TRANSPORTATION
Vehicle Technologies.--Within available funds, the agreement provides $20,000,000 for the SuperTruck II program to further improve the efficiency of heavy-duty class 8 long- and regional-haul vehicles. The Department is directed to make up to four awards using the multi-year allocation process that was used successfully by the SuperTruck I program. Within available funds, the agreement provides
$10,000,000 for continued funding of section 131 of the Energy Independence and Security Act of 2007 for transportation electrification. The agreement provides no direction for funding to support competitive demonstrations of energy storage using electric vehicle batteries. The agreement provides $141,100,000 for Batteries and Electric Drive Technology, of which $43,000,000 is for advanced battery development and up to $7,000,000 is to continue national laboratory performance testing and life cycle diagnostic assessment activities that validate and verify advanced battery performance. The agreement provides
$48,400,000 for Outreach, Deployment, and Analysis, of which
$34,000,000 is for Deployment and $2,500,000 is for Advanced Vehicles Competitions to develop and execute the second of the four-year collegiate engineering competition, EcoCAR 3. The agreement provides $22,500,000 for Fuel and Lubricant Technologies, of which up to $5,000,000 is for research, development, and demonstration supporting direct injection engines using propane or liquefied petroleum gas.
The agreement provides no direction for the topline funding levels of the Alternative Fuel Vehicle Community Partner Projects, Vehicle and Systems Simulation and Testing, Advanced Combustion Engines, and Materials Technology subprograms.
Bioenergy Technologies.--When issuing funding opportunities, the Secretary is directed to include biopower projects as eligible recipients for technology development support.
The agreement provides no direction for the topline funding level of the Demonstration and Market Transformation subprogram.
RENEWABLE ENERGY
Solar Energy.--The agreement provides $48,400,000 for Concentrating Solar Power and encourages the Department to include within areas of research and development improved design of solar collection, higher cooperating receivers, and the integration of higher temperature power cycles. Within available funds, the Department is directed to provide funding opportunities that, as proposed in the budget request, support U.S. equipment supply chain technology efforts.
The agreement provides no direction for the topline funding levels of the Photovoltaic Research and Development, Systems Integration, and Innovations in Manufacturing Competitiveness subprograms or for the SUNPATH III program.
Wind Energy.--The agreement provides $40,000,000 for the Offshore Wind Advanced Technology Demonstration Project,
$4,500,000 for the research initiative focused on Eagle Impact Mitigation Technologies, $1,000,000 for the Wind for Schools program, and $7,400,000 to further substantiate the design and economic value proposition of alternate project designs for offshore wind power. The agreement provides no direction for the topline funding level of the Mitigate Market Barriers program.
Geothermal Technologies.--The agreement provides
$35,000,000 for the Frontier Observatory for Research in Geothermal Energy project. The agreement provides no direction for the topline funding level of the Enhanced Geothermal Systems subprogram.
Water Power.--The Secretary is directed to establish a separate Water Power Technologies Office within EERE and to recruit from academia, industry, and the national laboratories a manager to lead the efforts of this office. The agreement provides $45,000,000 for marine and hydrokinetic technologies (MHK) and $25,000,000 for conventional hydropower. Within the funding provided for MHK, not less than $22,000,000 is to support competitive private sector-led research, development, and deployment of advanced marine energy conversion systems and component technologies, including wave and current (tidal, river, ocean), to increase energy capture, reliability, and survivability for lower costs, and not less than $5,000,000 is to continue development and construction for an open water, fully energetic, grid-connected wave energy test facility. The agreement provides no funding for the incubator program or the clean energy manufacturing initiative. Within the funding provided for conventional hydropower, up to $3,900,000 is for the purposes of Section 242 of the Energy Policy Act of 2005 and not less than $5,000,000 shall support competitive demonstrations to assess the commercial viability of new or advanced pumped storage technologies.
ENERGY EFFICIENCY
Advanced Manufacturing.--The agreement provides $70,000,000 for five Clean Energy Manufacturing Innovation Institutes and
$20,000,000 for the Manufacturing Demonstration Facility, with no direction regarding the use of additional funds to support operations. The agreement provides no direction for the topline funding levels of the Next Generation Research and Development Projects, Industrial Technical Assistance, and Advanced Manufacturing Research and Development Facilities subprograms.
Building Technologies.--The agreement provides up to
$10,000,000 to support a competitive funding opportunity for proposals that would achieve deeper energy efficiency improvements in small- and medium-sized commercial buildings;
$18,000,000 for transactive controls research and development; and $24,000,000 for solid-state lighting technology development. If the Secretary finds solid-state lighting technology eligible for the Bright Tomorrow Lighting Prize, specified under section 655 of the Energy Independence and Security Act of 2007, $5,000,000 is included in addition to funds for solid-state lighting research and development. The agreement provides no direction for the topline funding levels of the Commercial or Residential Buildings Integration, Emerging Technologies, and Equipment and Buildings Standards subprograms.
Electricity Delivery and Energy Reliability
The agreement provides $206,000,000 for Electricity Delivery and Energy Reliability.
Within Smart Grid Research and Development, the agreement provides $5,000,000 for development of advanced, secure, low- cost sensors that measure, analyze, predict, and control the future grid during steady state and under extreme conditions. Within Cyber Security for Energy Delivery Systems, the agreement provides $5,000,000 to continue development of the industry-scale electric grid test bed and not less than
$5,000,000 to develop cyber and cyber-physical solutions for advanced control concepts for distribution and municipal utility companies. The agreement includes language addressing the Consolidated Emergency Operations Center, which will contain the Energy Resilience and Operations Center, in an earlier section.
Nuclear Energy
The agreement provides $986,161,000 for Nuclear Energy activities. The agreement includes no funding derived from the Nuclear Waste Fund.
Nuclear Energy Enabling Technologies.--The agreement provides $111,600,000 for Nuclear Energy Enabling Technologies, of which not less than $4,000,000 shall be for knowledge and validation work, not less than $4,000,000 shall be for integrated energy systems, and not less than
$2,000,000 shall be for nuclear cyber activities. Within available funds, $17,000,000 is for Crosscutting Technology Development; $27,200,000 is for Nuclear Energy Advanced Modeling and Simulation, of which funding above the request is for additional support for TREAT modeling and simulation activities; $24,300,000 is for the second year of the second five-year term of the Modeling and Simulation Energy Innovation Hub; and $41,100,000 is for the National Science User Facility, of which funding above the request is to expand capabilities and collaborations, including up to
$2,000,000 to support high performance computing activities.
SMR Licensing Technical Support Program.--The Department is expected to provide assistance to the Nuclear Regulatory Commission sufficient for timely resolution of technical and regulatory matters to support the 2023 commercialization date and early site permit activities of the second award. The utility partner identified for a previous award may continue with site permitting activities and combined construction and operation license activities.
Reactor Concepts Research and Development.--The agreement provides $141,718,000 for Reactor Concepts Research and Development. The Department is directed to focus funding for Reactor Concepts Research and Development on technologies that show clear potential to be safe, less waste producing, more cost competitive, and more proliferation-resistant than existing nuclear power technologies. The agreement provides
$40,000,000 for Light Water Reactor Sustainability. The Secretary is directed to use funding in this activity to continue research and development work on the technical basis for subsequent license renewal. The Secretary is encouraged to focus funding in this program on materials aging and degradation, advanced instrumentation and control technologies, and component aging modeling and simulation. The Secretary shall also coordinate with industry to determine other areas of high-priority research and development in this area. Within available funds, $99,718,000 is for Advanced Reactor Concepts, of which $12,500,000 is for the continued development of two performance-based advanced reactor concepts, to include $7,500,000 for the industry-only competition held in 2015 and $5,000,000 for the national laboratories selected to work with the awardees. The agreement does not include the House direction regarding funding other activities at the requested levels within the Reactor Concepts Research and Development account.
Fuel Cycle Research and Development.--The agreement provides $62,100,000 for the Advanced Fuels program to continue implementation of accident tolerant fuels development.
The agreement provides $85,000,000 for Used Nuclear Fuel Disposition, of which $62,500,000 is to continue generic research and development activities on the behavior of spent fuel in long-term storage, under transportation conditions, and in various geologic media. The Department is directed to support research and development of advanced sensors, online monitoring, and other non-destructive evaluation and examination technologies and to prioritize the ongoing study of the performance of high burnup fuel in dry storage and the potential for direct disposal of existing spent fuel dry storage canister technologies. Within funds provided for research and development activities, $6,000,000 shall be to support activities to design and certify a rail car or rail cars for use with licensed and anticipated transportation casks and $12,000,000 shall be to support preparation activities for testing of high burnup fuel and post- irradiation examination of spent fuel rods for the high burnup demonstration project. The agreement includes funding to continue Integrated Waste Management System activities consistent with the budget request. The agreement does not include House or Senate report direction regarding funds for activities related to Department of Energy-managed and commercial spent nuclear fuel and high level waste. Within the amounts for Used Nuclear Fuel Disposition, the agreement does not include defense funds.
Idaho Facilities Management.--The agreement provides funding above the budget request for Idaho Facilities Management, including an additional $10,000,000 for control system modernization at the Advanced Test Reactor Critical Facility and reactor equipment replacements and critical spares items at the Advanced Test Reactor.
Fossil Energy Research and Development
The agreement provides $632,000,000 for Fossil Energy Research and Development.
Coal Carbon Capture and Storage (CCS) and Power Systems.-- The agreement includes funding for the Department of Energy's National Carbon Capture Center consistent with the budget request. The Secretary has previously funded several university-based CCS projects and is encouraged to build on an established research base to support ongoing research and implementation of CCS technologies. The Secretary is directed to provide to the Committees on Appropriations of both Houses of Congress, not later than 60 days after the enactment of this Act, a report on the reallocation of base funding to other ongoing Clean Coal Power Initiative demonstration projects. The Department is directed to use funds from Coal CCS and Power Systems for both coal and natural gas research and development as it determines to be merited, as long as such research does not occur at the expense of coal research and development.
The agreement provides $101,000,000 for Carbon Capture, of which $250,000 is for an assessment of research and development needs to aid in the development and commercialization of direct air capture technologies that capture carbon dioxide from dilute sources, such as the atmosphere, on a significant scale. The agreement contains no direction for post- and pre-combustion capture systems. The agreement provides $106,000,000 for Carbon Storage, of which
$11,500,000 is for Advanced Storage Research and Development;
$10,000,000 is for Carbon Use and Reuse; $8,500,000 is for Carbon Sequestration Science; and $66,000,000 is for Storage Infrastructure. Within Cross Cutting Research, the agreement provides $24,000,000 for Coal Utilization Science and
$20,500,000 for Plant Optimization Technologies. Within National Energy Technology Laboratory Coal Research and Development, the agreement provides $15,000,000 for the Department to expand its external agency activities to develop and test commercially viable advanced separation technologies at proof-of-concept or pilot scale that can be deployed near term for the extraction and recovery of rare earth elements and minerals from U.S. coal and coal byproduct sources having the highest potential for success. The agreement does not include section 507 of the House bill regarding the National Energy Technology Laboratory. The Department has not requested funding to transform the National Energy Technology Laboratory into a government- owned, contractor-operated facility. Consequently, the agreement includes no funds to enable the transformation of the lab.
Natural Gas Technologies.--Rather than requesting additional funds in fiscal year 2016 to continue methane hydrates research, the Secretary elected to spend the
$15,000,000 provided in fiscal year 2015 more slowly, contrary to the intent of Congress, and potentially delaying important research activities for a year. The agreement rejects the Secretary's approach, and provides, within available funds, $19,800,000 for methane hydrates.
The agreement provides $5,200,000 to continue the Risk Based Data Management System (RBDMS) and supports including water tracking in pre- and post-drilling applications where required by States. The agreement also includes funds to integrate FracFocus and RBDMS for improved public access to State oil and gas related data, as well as for State regulatory agencies to support electronic permitting for operators, eForms for improved processing time for new permits, operator training for the improved FracFocus 3.0, and additional reports.
The agreement provides $6,000,000 for Environmentally Prudent Development and $7,000,000 for Emissions Mitigation from Midstream Infrastructure. No direction is provided for Emissions Quantification from Natural Gas Infrastructure.
Unconventional Technologies.--The agreement provides
$20,321,000, of which up to $2,700,000 is for the Department to conduct and conclude the second phase of a study on crude by rail safety. In lieu of House direction, the Department is directed to also focus on activities that improve the economic viability, safety, and environmental responsibility of offshore exploration and production from unconventional natural gas and other petroleum resources, and of production by small producers.
Naval Petroleum and Oil Shale Reserves
The agreement provides $17,500,000 for the operation of the Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement provides $212,000,000 for the Strategic Petroleum Reserve.
Northeast Home Heating Oil Reserve
The agreement provides $7,600,000 for the Northeast Home Heating Oil Reserve.
Energy Information Administration
The agreement provides $122,000,000 for the Energy Information Administration.
Non-Defense Environmental Cleanup
The agreement provides $255,000,000 for Non-Defense Environmental Cleanup.
Small Sites.--The agreement provides $87,522,000. Within this amount, $9,500,000 shall be for the Southwest Experimental Fast Oxide Reactor, $17,000,000 shall be for Lawrence Berkeley National Laboratory, and $6,000,000 shall be for Oak Ridge activities.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $673,749,000 for activities funded from the Uranium Enrichment Decontamination and Decommissioning Fund. Within amounts for Oak Ridge, up to
$3,000,000 is available for the demolition of the K-1200 Complex.
Reporting Requirement.--Because the requirements in the fiscal year 2015 Act have not yet been met, the Department is again directed to provide to the Committees on Appropriations of both Houses of Congress, not later than 90 days after the enactment of this Act, a report that describes the status of the Uranium Enrichment Decontamination and Decommissioning Fund and provides an update of the cleanup progress since the last report submitted to satisfy requirements of Section 1805 of the Atomic Energy Act. The report shall include a general schedule of milestones and costs required to complete the mission at each site within the current lifecycle cost estimates. In addition, the report shall provide an updated timeline and shall explain the cost and schedule assumptions in the current lifecycle cost estimates for Paducah to reflect the Department's assumption of responsibility for the process buildings in fiscal year 2015.
Uranium Transfers.--In lieu of direction in the House and Senate reports on uranium transfers, the Department is directed to make public all Secretarial determinations issued pursuant to section 3112(d)(2)(B) of the USEC Privatization Act and to make public all reports and analyses performed to arrive at the determination not later than 30 days after a determination has been made. The Department is further directed to provide to the Committees on Appropriations of both Houses of Congress, not later than 90 days after the enactment of this Act, recommendations to minimize the impact of uranium transfers on the domestic uranium mining, conversion, and enrichment industries.
Science
The agreement provides $5,350,200,000 for the Office of Science. The agreement includes legislative language restricting cash contributions to the ITER Organization and directing a report from the Secretary of Energy on U.S. participation in the ITER project. The agreement provides up to $2,000,000, to be funded from across all Office of Science programs, to support the Distinguished Scientist Program, as authorized in section 5011 of Public Law 110--69.
Advanced Scientific Computing Research.--Within available funds, the agreement provides $157,894,000 for the exascale initiative; $77,000,000 for the Argonne Leadership Computing Facility; $104,317,000 for the Oak Ridge Leadership Computing Facility; $86,000,000 for the National Energy Research Scientific Computing Center at Lawrence Berkeley National Laboratory, including funding to upgrade the National Energy Research Scientific Computing Center infrastructure with power and cooling within the new Computational Research and Theory building; $10,000,000 for the Computational Sciences Graduate Fellowship program; and $38,000,000 for ESnet. The agreement provides no direction for mathematical, computational, and computer sciences research.
Basic Energy Sciences (BES).--Since the February 2013 and the July 2013 Basic Energy Sciences Advisory Committee
(BESAC) studies of BES facilities, the mix and status of ongoing and prospective BES major facility upgrades and construction projects have changed.Therefore the BESAC is directed to update its assessment of the proposed upgrades to x-ray scattering facilities (both free-electron laser-based sources and ring-based sources) and to the Spallation Neutron Source using the same criteria that were used in prior studies--the ability of a proposed upgrade or construction project to contribute to world leading science and the readiness of the upgrade or construction project to proceed to construction--and the same rating system. The assessment shall include a prioritization of the next three to five projects and be submitted to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act.
In lieu of previous direction for materials science and engineering research, the agreement provides $15,000,000 for the Experimental Program to Stimulate Competitive Research;
$12,000,000 for exascale systems; and $24,137,000 for the fourth year of the Batteries and Energy Storage Innovation Hub.
In lieu of previous direction for chemical sciences, geosciences, and biosciences, the agreement provides
$15,000,000 for the Fuels from Sunlight Innovation Hub.
In lieu of previous direction for scientific user facilities, the agreement provides $966,849,000, of which
$865,832,000 is for facilities operations and $35,500,000 is for major items of equipment, including $20,000,000 for the Advanced Photon Source Upgrade project and $15,500,000 for NSLS-II experimental tools. Within available funds for facilities operations, the agreement provides $264,990,000 for high-flux neutron sources, including $10,000,000 to accelerate the process to critical decision-1 for the Second Target Station at the Spallation Neutron Source; and
$482,079,000 for light sources, including $110,000,000 for the first full year of operations for NSLS-II and $5,000,000 for research and development for the Advanced Light Source upgrade.
In future budget requests, the Office of Science is directed to work with the Office of Nuclear Energy to demonstrate a commitment to operations and maintenance of nuclear facilities at Oak Ridge National Laboratory that supports multiple critical missions. The agreement provides
$3,000,000 for a competitive solicitation for universities to perform fundamental research toward the development of a new generation of nanostructured catalysts that can be used to synthesize fertilizer and ammonia without any secondary greenhouse gases.
Biological and Environmental Research (BER).--The following is the only direction provided for BER. The agreement provides $75,000,000 for the fourth year of the second five-year term of the three BioEnergy Research Centers. The Department is urged to give priority to optimizing the operation of BER user facilities.
Fusion Energy Sciences.--The agreement continues the new budget structure for fusion energy sciences and provides funding accordingly.
The agreement provides $214,755,000 for burning plasma science foundations; $41,021,000 for burning plasma science long pulse; and $67,224,000 for discovery plasma science, including $2,750,000 for high energy density science and discovery plasma science opportunities at NDCX-II in support of the mission of Fusion Energy Sciences.
The agreement provides not less than $71,000,000 for the National Spherical Torus Experiment, not less than
$80,000,000 for DIII-D, and not less than $18,000,000 for Alcator C-Mod.
The agreement includes funding for the in-kind contributions and related support activities of ITER. In addition to the reporting language included in the bill, the Department shall provide to the Committees on Appropriations of both Houses of Congress not later than February 15, 2016, and again on August 15, 2016, a report on the status of the ITER project and the implementation of the Director General's Action Plan, including new budget projections, project schedule, cost overruns, delays, organizational structure changes, manufacturing deliveries, assembly, and installation.
High Energy Physics.--The agreement provides $26,000,000 for the Long Baseline Neutrino Facility (LBNF) project construction line. The agreement provides no funding for LBNF within Other Project Costs. It is expected that increased funding for LBNF will come from other Fermi National Laboratory funding within the High Energy Physics account. Within available funds, $10,300,000 is provided for DESI,
$10,500,000 is provided for LUX ZEPLIN, and $40,800,000 is provided for the Large Synoptic Survey Telescope Camera. The agreement provides no further funding direction within the High Energy Physics account.
Nuclear Physics.--Within available funds, the Department is encouraged to fund optimal operations for the Relativistic Heavy Ion Collider at Brookhaven National Laboratory. The agreement provides $100,000,000 for the Facility for Rare Isotope Beams. No further direction is provided for the Nuclear Physics account.
Workforce Development for Teachers and Scientists.--The agreement does not include previous Senate direction for the Computational Sciences Graduate Fellowship program.
Advanced Research Projects Agency--Energy
The agreement provides $291,000,000 for the Advanced Research Projects Agency--Energy.
TITLE 17--INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
The agreement provides $42,000,000 for administrative expenses for the Title 17 Innovative Technology Loan Guarantee Program. This amount is offset by estimated revenues of $25,000,000, resulting in a net appropriation of
$17,000,000.
The Department is directed to continue to provide to the Committees on Appropriations of both Houses of Congress quarterly reports on the status of the Cape Wind conditional commitment, including an update on ongoing litigation and the risks this litigation poses to the success of the project.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $6,000,000 for the Advanced Technology Vehicles Manufacturing Loan Program.
Departmental Administration
The agreement provides $130,971,000 for Departmental Administration.
Small Refinery Exemption.--Under section 211(o)(9)(B) of the Clean Air Act, a small refinery may petition the Environmental Protection Agency (EPA) Administrator for an exemption from the Renewable Fuel Standard (RFS) on the basis that the refinery experiences a disproportionate economic hardship under the RFS. When evaluating a petition, the Administrator consults with the Secretary of Energy to determine whether disproportionate economic hardship exists. According to the Department's March 2011 Small Refinery Exemption Study, disproportionate economic hardship must encompass two broad components: a high cost of compliance relative to the industry average disproportionate impacts and an effect sufficient to cause a significant impairment of the refinery operations viability.
If the Secretary finds that either of these two components exists, the Secretary is directed to recommend to the EPA Administrator a 50 percent waiver of RFS requirements for the petitioner. The Secretary is also directed to seek small refinery comment before making changes to its scoring metrics for small refinery petitions for RFS waivers and to notify the Committees on Appropriations of both Houses of Congress prior to making any final changes to scoring metrics.
The conference report accompanying the Energy and Water Development and Related Agencies Appropriations Act, 2010, addressed similar issues and directed the Secretary to redo an earlier study done to evaluate whether the RFS program imposes a disproportionate economic hardship on small refineries. In calling for the Secretary to redo the study, the conference report cited the lack of small refinery input into the earlier study, concerns about regional RFS compliance cost disparities, small refinery dependence on the purchase of renewable fuel credits (RINs), and increasing RIN costs. Since then, the dramatic rise in RIN prices has amplified RFS compliance and competitive disparities, especially where unique regional factors exist, including high diesel demand, no export access, and limited biodiesel infrastructure and production. In response to recent petitions, the Secretary determined that the RFS program would impose a disproportionate economic and structural impact on several small refineries. Despite this determination, the Secretary did not recommend, and EPA did not provide, any RFS relief because it determined the refineries were profitable enough to afford the cost of RFS compliance without substantially impacting their viability. The Secretary is reminded that the RFS program may impose a disproportionate economic hardship on a small refinery even if the refinery makes enough profit to cover the cost of complying with the program. Small refinery profitability does not justify a disproportionate regulatory burden where Congress has explicitly given EPA authority, in consultation with the Secretary, to reduce or eliminate this burden.
Office of the Inspector General
The agreement provides $46,424,000 for the Office of the Inspector General.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $12,526,512,000 for the National Nuclear Security Administration (NNSA). In lieu of direction in the Senate report, the agreement includes language addressing the Consolidated Emergency Operations Center, which will contain the Energy Resilience and Operations Center, in an earlier section.
Budget Structure Changes.--The agreement provides funding for Weapons Activities consistent with the budget structure in the House report. The NNSA is specifically prohibited from requesting any further changes to the budget structure provided in this Act unless the NNSA has obtained agreement in advance from the Committees on Appropriations of both Houses of Congress.
Laboratory Directed Research and Development.--In light of the report of the Commission to Review the Effectiveness of the National Energy Laboratories, the Secretary is directed to provide a report on the impact of burdening Laboratory Directed Research and Development and provide recommendations on legislative changes to address the Commission's findings.
Weapons Activities
The agreement provides $8,846,948,000 for Weapons Activities.
Life Extension Programs and Major Alterations.--The NNSA is directed to clearly account for all costs of any major multi- year stockpile refurbishment activity with a total cost greater than $1,000,000,000 and shall ensure a formal and comprehensive acquisition management plan is in place to manage such efforts. All reporting and other requirements required by the Committees on Appropriations of both Houses of Congress for ``Life Extension Programs'' shall also apply to any major multi-year stockpile refurbishment activity with a total cost greater than $1,000,000,000.
Stockpile Production.--The NNSA is directed to conduct an assessment of the feasibility and costs of work leveling strategies that would reduce the impact of performing simultaneous major refurbishments in the 2020 to 2025 timeframe and to provide a report on its findings to the Committees on Appropriations of both Houses of Congress not later than 120 days after the enactment of this Act. The report shall include a description of costs to accelerate dismantlements prior to 2020 and to extend production of the W88 Alt 370 by two years.
W80-4 Life Extension Program.--Not later than September 15, 2016, the NNSA shall provide to the Committees on Appropriations of both Houses of Congress a report on the independent analysis of the alternatives selected by the NNSA for the W80-4 Life Extension Program as directed in the House report.
Strategic Materials.--The agreement provides $250,040,000 for Strategic Materials Sustainment to consolidate funding for activities needed to manage the NNSA's inventory of strategic materials, as directed in the House report. This amount includes funding for planning and other activities the NNSA determines are necessary to support the sustainment of strategic materials. The agreement does not include restrictions in the Senate report regarding Domestic Uranium Enrichment.
Advanced Radiography.--The agreement provides $45,700,000. The agreement does not include restrictions in the House report on the use of funds for new radiography capabilities at U1a. The NNSA is directed to provide an estimate of the cost to develop new radiography capabilities at U1a and detail the costs of any Major Items of Equipment in its budget request.
Inertial Confinement Fusion and High Yield.--The agreement provides $511,050,000. Within this amount, $329,000,000 shall be for the National Ignition Facility, $68,000,000 shall be for OMEGA, and $7,000,000 shall be for the Naval Research Laboratory.
Infrastructure and Operations.--Within funds for Infrastructure and Operations, the agreement provides
$7,800,000 for site surveillance, $3,000,000 for long-term stewardship, and $28,000,000 for Bannister Road Disposition. Not later than March 31, 2016, the Secretary shall provide to the Committees on Appropriations of both Houses of Congress a report that describes the proposed schedule and funding plan for completing the transfer of the Bannister Road Complex.
Maintenance and Repair of Facilities.--The agreement provides $277,000,000. Within this amount, not less than
$25,000,000 shall be to address high-risk excess facilities.
Construction.--In lieu of House direction regarding separate project funding for project engineering and design, the NNSA shall provide to the Committees on Appropriations of both Houses of Congress an updated project data sheet that details the total project cost, schedule, and planned funding profile for that project prior to the expenditure of any project funds for activities beyond those needed for project engineering and design.
NNSA Albuquerque Complex.--The agreement includes
$8,000,000 for project engineering and design of a new project to replace the aging NNSA Albuquerque Complex. In addition, up to $2,500,000 of the amount provided within Recapitalization may be used to complete the conceptual design for the Albuquerque Complex project.
Uranium Processing Facility.--The agreement includes
$430,000,000. In lieu of direction in the House report, the NNSA is directed to submit to the Committees on Appropriations of both Houses of Congress the results of the Department's Independent Cost Review of the UPF project and a multi-year funding profile that details the NNSA's plans by subproject with its fiscal year 2017 budget request.
Defense Nuclear Security.--The agreement includes
$682,891,000. Within this amount, $30,000,000 shall be for a Security Improvements Program that will address the backlog of security projects, as directed in the House report. Not later than 90 days after the enactment of this Act, the NNSA shall provide to the Committees on Appropriations of both Houses of Congress a funding plan for the Security Improvements Program by project.
Defense Nuclear Nonproliferation
The agreement provides $1,940,302,000 for Defense Nuclear Nonproliferation. The agreement does not include direction in the House report regarding the use of prior-year balances to offset the costs of removing materials from high-income nations. In addition, the agreement does not include direction in the Senate report regarding funding for a Uranium Science Institute or for a low-enriched uranium fuel system for naval cores within Defense Nuclear Nonproliferation.
Material Management and Minimization.--Within amounts provided for Nuclear Material Removal, the agreement includes
$1,000,000 for international plutonium disposition activities that were requested within Material Disposition. The agreement provides $86,584,000 for Material Disposition. Within that amount, the Department may use up to $5,000,000 to advance planning, to resolve regulatory and other issues, to complete conceptual design activities for the dilute and dispose alternative to the Mixed Oxide (MOX) Fuel Fabrication Facility, and to develop and submit to the Committees on Appropriations of both Houses of Congress a report that includes an evaluation of program risks and a lifecycle cost estimate and schedule for the alternative. The agreement prohibits funds from being used to dilute plutonium that could otherwise be used for MOX feedstock or used to meet U.S. commitments under the Plutonium Management Disposition Agreement. The Department shall ensure any proposed solution will continue to meet current transuranic waste disposal commitments.
Mixed Oxide Fuel Fabrication Facility, Savannah River.--The agreement provides $340,000,000. Funds shall be available only for construction and for project support activities. The agreement does not include direction in the House and Senate reports regarding additional studies of MOX alternatives.
Molybdenum-99 (Mo-99).--The NNSA has not provided a schedule for the development of domestic supplies of the medical isotope Mo-99 that would meet public health needs. Further, the NNSA's efforts to develop a domestic source of Mo-99 from other than high-enriched uranium should include, but not be limited to, low-enriched uranium and natural molybdenum. The NNSA is directed to fund eligible projects up to the full portion of the cost-share amount authorized by the American Medical Isotopes Production Act and submit a report to the Committees on Appropriations of both Houses of Congress by January 31, 2016, on ways it plans to assure the deployment of two or more domestic sources of Mo-99 into commercial distribution by January 1, 2019, or sooner.
Naval Reactors
The agreement provides $1,375,496,000 for Naval Reactors. The agreement does not provide an increase in the number of Full-Time Equivalents (FTEs) for Naval Reactors and restricts manning to 238 FTEs.
Naval Reactors Development.--The agreement provides
$446,896,000. Within these funds, the agreement provides
$77,200,000 for Advanced Test Reactor Operations to accelerate safety-related infrastructure improvements and
$5,000,000 to start a technical program to develop and qualify a low-enriched uranium (LEU) fuel system for naval reactor cores. In lieu of direction in the House and Senate reports, Naval Reactors is directed to provide to the Committees on Appropriations of both Houses of Congress, not later than March 31, 2016, a report that describes the key goals and milestones, timeline, and annual budget requirements to develop a LEU fuel system for naval reactor cores.
Engineroom Team Training Facility, Kesselring.--The agreement provides $3,100,000. The cost of equipment needed for training shall be provided by the Department of the Navy as planned.
Federal Salaries And Expenses
(including rescission of funds)
The agreement provides $383,666,000 for the federal salaries and expenses of the Office of the NNSA Administrator. Within this amount, not less than $2,000,000 is for the Office of Cost Estimating and Program Evaluation, not less than $972,000 is for improved financial systems integration, and not more than $9,863,000 is for Corporate Project Management. The agreement includes a rescission of
$19,900,000 in prior-year balances from the NNSA Albuquerque Complex.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $5,289,742,000 for Defense Environmental Cleanup. Within these funds, the Department is directed to fund hazardous waste worker training at
$10,000,000.
Transfers of Facilities.--The Office of Environmental Management shall not accept ownership or responsibility for cleanup of any National Nuclear Security Administration facilities or sites without funding specifically designated for that purpose. The Department is directed to identify all requests for transfers of facilities or projects from other DOE offices in its budget request justifications in future years.
Richland.--Not later than 90 days after the enactment of this Act, the Department shall provide to the Committees on Appropriations of both Houses of Congress a report on its five-year plan for the River Corridor closure project that explains any deviations from previously made agreements, instead of plans for the entire Hanford Site as directed in the House report.
Office of River Protection.--The agreement does not defer any planned activities proposed in the budget request as directed in the House report.
Oak Ridge Reservation.--Within funds for Nuclear Facility D&D, the agreement includes $5,000,000 to support compliance and design life extension of Waste Treatment Facilities at Oak Ridge National Laboratory and $7,000,000 to support planning and preparation for a new landfill for the Oak Ridge Reservation.
Savannah River Site.--Within funds for Site Risk Management, the agreement includes $3,000,000 to support the disposition of spent fuel from the High Flux Isotope Reactor.
Waste Isolation Pilot Plant.--The agreement provides
$299,978,000, of which $148,368,000 shall be for Operations and Maintenance and $82,000,000 shall be for Recovery Activities.
Program Direction.--The agreement provides $281,951,000, of which not more than $14,443,000 shall be for the Working Capital Fund. The Office of Environmental Management is directed to pay the remaining share of its Working Capital Fund costs from non-program direction activities as in previous years to ensure the fair allocation of the costs of administrative services.
Safeguards and Security.--The agreement provides
$236,633,000. The Office of Environmental Management is directed to utilize the full flexibility provided within the Safeguards and Security reprogramming control point and, if necessary, exercise the use of its internal reprogramming authority to ensure adequate security at its cleanup sites.
Other Defense Activities
The agreement provides $776,425,000 for Other Defense Activities. Within funds for Specialized Security Activities, the agreement includes $2,000,000 for dynamic threat assessments and not less than $8,000,000 for uranium sciences.
Environment, Health, Safety and Security.--The agreement provides $118,763,000. Within this amount, not less than
$3,000,000 is provided for the Insider Threat Program, not less than $5,762,000 is provided for Security Operational Support, not less than $7,445,000 is provided for Security Investigations, and not less than $30,990,000 is provided for Headquarters Security Operations.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville Power Administration, which derives its funding from revenues deposited into the Bonneville Power Administration Fund.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the Southeastern Power Administration.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $11,400,000 for the Southwestern Power Administration.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $93,372,000 for the Western Area Power Administration (WAPA). Not later than 60 days after the enactment of this Act, WAPA shall provide to the Committees on Appropriations of both Houses of Congress a report with a detailed accounting of its allocation of the budget authority provided in this Act, categorized by region
(including Headquarters), and including the number of contractors and FTEs funded during this fiscal year.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $228,000 for the Falcon and Amistad Operating and Maintenance Fund. The agreement includes legislative language authorizing the acceptance and use of contributed funds in fiscal year 2016 for operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at the Falcon and Amistad Dams.
Federal Energy Regulatory Commission Salaries and Expenses
The agreement provides $319,800,000 for the Federal Energy Regulatory Commission (FERC). Revenues for FERC are set to an amount equal to the budget authority, resulting in a net appropriation of $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)
The agreement includes a provision prohibiting the use of funds provided in this title to initiate requests for proposals, other solicitations, or arrangements for new programs or activities that have not yet been approved and funded by the Congress; requires notification or a report for certain funding actions; prohibits funds to be used for certain multi-year ``Energy Programs'' activities without notification; and prohibits the obligation or expenditure of funds provided in this title through a reprogramming of funds except in certain circumstances.
The agreement includes a provision relating to unexpended balances.
The agreement includes a provision authorizing intelligence activities of the Department of Energy for purposes of section 504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of funds in this title for capital construction of high hazard nuclear facilities, unless certain independent oversight is conducted.
The agreement includes a provision prohibiting the use of funds provided in this title to approve critical decision-2 or critical decision-3 for certain construction projects, unless a separate independent cost estimate has been developed for that critical decision.
The agreement includes a provision permanently prohibiting the Office of Science from entering into multi-year funding agreements with a value below a specific threshold.
The agreement includes a provision prohibiting funds in the Defense Nuclear Nonproliferation account for certain activities and assistance in the Russian Federation.
The agreement includes a provision regarding management of the Strategic Petroleum Reserve.
The agreement includes a provision regarding reprogramming authority for the Domestic Uranium Enrichment program.
The agreement includes a provision rescinding certain prior-year funds.
The agreement includes a provision regarding funds appropriated to Federally Funded Research and Development Centers sponsored by the Department of Energy.
The agreement includes a provision prohibiting funds to implement or enforce higher efficiency light bulb standards.
The agreement includes a provision regarding Fossil Energy funding.
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TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $146,000,000 for the Appalachian Regional Commission (ARC). To diversify and enhance regional business development, $10,000,000 is provided to continue the program of high-speed broadband deployment in distressed counties within the Central Appalachian region that have been most negatively impacted by the downturn in the coal industry. This funding shall be in addition to the 30 percent directed to distressed counties.
Within available funds, $16,000,000 is recommended for the workforce development program in Southern Appalachia focused primarily on the automotive supplier sector and the aviation sector in South Central Appalachia, with up to $13,500,000 of that amount to be available for work in Southern Appalachia.The funds shall be distributed according to ARC's Distressed Counties Formula, which includes land area, population estimates, and the number of distressed counties.
Within available funds, $50,000,000 is provided for the POWER Plus Plan.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $29,150,000 for the Defense Nuclear Facilities Safety Board. The agreement does not include additional funding for an evaluation of radioactive liquid waste infrastructure and includes no reporting requirement as in the House report.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $25,000,000 for the Delta Regional Authority. Within available funds, not less than $10,000,000 shall be used for flood control, basic infrastructure development, and transportation improvements and shall be in addition to the State formula funding allocations. The Federal co-chairman, in consultation with State Governors, shall distribute funding to States and public and nonprofit entities for projects that will benefit rural communities with the greatest infrastructure needs.
Denali Commission
The agreement provides $11,000,000 for the Denali Commission.
Northern Border Regional Commission
The agreement provides $7,500,000 for the Northern Border Regional Commission.
Southeast Crescent Regional Commission
The agreement provides $250,000 for the Southeast Crescent Regional Commission.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $990,000,000 for Nuclear Regulatory Commission (NRC) salaries and expenses. This amount is offset by estimated revenues of $872,864,000, resulting in a net appropriation of $117,136,000. The Commission's mission is to ensure the safety and security of the nation's use of nuclear power and nuclear materials and protect the workers and public who use and benefit from these materials and facilities. Within the changes to the Commission's staffing and budget proposed by Project Aim, the safety and security of the reactor fleet must remain at the forefront. The Commission is expected to explain such staffing and budgeting changes within the context of protecting public health and ensuring the safety of facilities over the long term.
The agreement includes four new control points to provide additional transparency to the Commission's budget execution process: Nuclear Reactor Safety; Integrated University Program; Nuclear Materials and Waste Safety; and Decommissioning and Low-Level Waste. Section 402 provides new reprogramming authority to the Commission between the accounts, subject to prior congressional approval, with a provision made for emergency circumstances. This reprogramming authority supersedes the Commission's existing guidance on internal reprogrammings.
The agreement includes the following direction in lieu of all direction included in the House and Senate reports:
Nuclear Reactor Safety.--The agreement includes
$760,021,000 for Nuclear Reactor Safety, including not more than $258,319,000 for corporate support. This account includes the Commission's Operating Reactors and New Reactors business lines. The agreement provides $30,119,000 less than the budget request in order to accelerate the ``right- sizing'' proposed by the Project Aim report. Within available funds, the Commission shall continue to address and resolve safety significant issues and ensure that the operating reactor licensing backlog is eliminated by the NRC goal of fiscal year 2017. The bill fully funds licensing activities associated with awards made under the Department of Energy's Small Modular Reactor Licensing Technical Support program. The Commission is directed to report any transfer of more than $500,000 across business lines, as identified in the budget request to the Committees on Appropriations of both Houses of Congress, as soon as practicable but not later than two weeks after the transfer is made.
Integrated University Program.--The agreement includes
$15,000,000 for the Integrated University Program. Not less than $5,000,000 of this amount is to be used for grants to support research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.
Nuclear Materials and Waste Safety.--The agreement includes
$172,018,000 for Nuclear Materials and Waste Safety, including not more than $58,360,000 for corporate support. Included within this control point are the Fuel Facilities, Nuclear Material Users, and Spent Fuel Storage and Transportation business lines.
Decommissioning and Low-Level Waste.--The agreement includes $42,961,000 for Decommissioning and Low-Level Waste, including not more than $14,557,000 for corporate support.
Rulemaking.--The authority to compel and bind private entities and individuals to certain actions is a significant authority under the law. In light of this, the Commission itself shall decide whether to initiate rulemaking or the development of regulatory analyses to advance new regulatory requirements in all cases involving the commitment of resources. The Commission's decisions regarding whether to initiate rulemaking should be informed, in each instance, by a rulemaking plan that allows the Commission to assess the existing regulatory framework, assess the cumulative effects of regulation, and ensure that the benefits of the rulemaking outweigh the costs. In light of those goals, rulemaking shall be informed by a rulemaking plan that includes at a minimum the following components: the regulatory issue; the existing regulatory framework; an explanation of why rulemaking is the preferred solution to include a review of the options and alternatives; and a description of the rulemaking that includes the scope, preliminary backfit analysis, an estimated schedule, a preliminary recommendation on priority, and an estimate of resources.
The Commission shall submit to the Committees on Appropriations of both Houses of Congress a plan for instituting this approach not later than March 1, 2016. The plan shall include a discussion of the roles of the Advisory Committee on Reactor Safeguards and the Committee to Review Generic Requirements. The Commission may exempt rulemakings that are routine in nature or do not raise a question of policy from the requirement of a rulemaking plan, and shall provide, as part of its report, a clear description of how those exemptions will be determined. The report shall also include a description of how the Commission will annually review the prioritization of all rulemaking as part of the budget process.
The Commission is further directed to provide to the Committees on Appropriations of both Houses of Congress, not later than 30 days after the enactment of this Act, a report that includes a general description and status of each proposed rule that is currently pending before the Commission, including the date on which the proposed rule was docketed. The Commission shall list all rulemaking activities planned, to include their priority and schedule, in the annual budget request and the semi-annual report to Congress on licensing and regulatory activities.
Reporting.--To monitor the Commission's progress against its licensing goals and right-sizing commitments, a report shall be submitted to the Committees on Appropriations of both Houses of Congress by March 1, 2016, and quarterly thereafter for fiscal year 2016 that includes:
Project Aim.--The NRC must be able to effectively and efficiently forecast its future workforce and resource needs and adapt its workforce and resource allocations accordingly so that the agency has the right number of staff with the right skills at the right time in the context of ensuring the safety and security of nuclear power facilities and nuclear materials. Although Project Aim intends to move the agency in the right direction, the Committees are not satisfied with the NRC's explanation of the basis for those projections nor with its plan for execution. Accordingly, not later than one year after the enactment of this Act, the Comptroller General shall report to the Committees on Appropriations of both Houses of Congress on the following issues: (1) how did NRC determine its workload forecast and to what extent was NRC's process for developing its workload forecast consistent with best practices; (2) how does NRC's current workforce and resource allocation compare with its forecasts; (3) what are the challenges NRC faces in adapting its current workforce and resource allocation to meet its forecasts, and what actions has NRC taken to address those challenges; (4) what actions has NRC taken or does it plan to take to implement the recommendations of the Project Aim report; and (5) to what extent are NRC's actions and plans consistent with best practices for agency transformation. The Comptroller General may address any additional questions as appropriate to ensure adequate coverage of the issues related to NRC's Project Aim and related efforts.
Budget Justification.--The NRC shall continue to include a breakout and explanation of the Commission's salaries and expenses in its annual budget request. The Commission may change the composition of the funds through a reprogramming. The Commission shall provide previous fiscal year data at the enacted level and identify separately, and by control point, any carryover balances that were obligated. The Commission shall carry over unobligated balances at the minimum amount necessary for efficient mission execution and ensure that any rule or other requirement for collection of revenue or fees is calculated accordingly.
The NRC's budget presentation lacks transparency and some key information needed for the Committees on Appropriations. Improvements in NRC's budget allocation and presentation process are needed and can lead to better budget justifications to the Congress. Therefore, the Comptroller General is directed to also examine key issues related to NRC's budget allocation process and strategy for undertaking its work: (1) what information does NRC use in its budget formulation process and what are the implications of the process; (2) to what extent are the NRC's budget justification materials presented so that agency priorities are clear and the proposed use of funds transparent; and (3) what changes could be made to improve the NRC's budget presentation.
Subsequent License Renewal.--The Commission's development of the necessary detailed regulatory guidance to address anticipated applications for subsequent license renewal of nuclear power reactors, the earliest of which may be submitted in 2018, is proceeding at a disappointingly slow rate. The Commission affirmed the adequacy of its current regulations for this task nearly two years ago. In light of larger uncertainties regarding planning for the electricity generating portfolio of this nation, the need for the Commission to finish and publish the requisite regulatory guidance documents is more urgent than ever. The Commission shall submit to the Committees on Appropriations of both Houses of Congress by March 15, 2016, a plan and timetable for completing the remaining activities necessary to accept, docket, and support the review of the first application for subsequent license review.
OFFICE OF INSPECTOR GENERAL
The agreement includes $12,136,000 for the Office of Inspector General in the Nuclear Regulatory Commission. This amount is graphic by revenues of $10,060,000, for a net appropriation of $2,076,000.
The agreement includes $958,000 to provide Inspector General services for the Defense Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,600,000 for the Nuclear Waste Technical Review Board.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision instructing the Nuclear Regulatory Commission on responding to congressional requests for information.
The agreement includes a provision relating to reprogramming.
The agreement includes a provision relating to authorities provided within division A of section 101(g) of Public Law 105-277.
TITLE V--GENERAL PROVISIONS
The agreement includes a provision relating to lobbying restrictions.
The agreement includes a provision relating to transfer authority. No additional transfer authority is implied or conveyed by this provision. For the purposes of this provision, the term ``transfer'' shall mean the shifting of all or part of the budget authority in one account to another. In addition to transfers provided in this Act or other appropriations Acts, and existing authorities, such as the Economy Act (31 U.S.C. 1535), by which one part of the United States Government may provide goods or services to another part, the Act allows transfers using Section 4705 of the Atomic Energy Defense Act (50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR.
The agreement includes a provision prohibiting funds to be used in contravention of the executive order entitled
``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.''
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DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2016
Language included in House Report 114-194 or Senate Report 114-97 that is not changed by this explanatory statement is approved. This explanatory statement, while repeating some report language for emphasis, is not intended to negate the language referenced in the House and Senate Committee reports unless expressly provided herein.
Reports.--Where the House or Senate has directed submission of a report, that report is to be submitted to the Committees on Appropriations of the House and Senate. Agencies funded by this Act that currently provide separate copies of periodic reports and correspondence to the chairs and ranking members of the House and Senate Appropriations Committees and Subcommittees on Financial Services and General Government are directed to use a single cover letter jointly addressed to the chairs and ranking members of the Committees and Subcommittees of both the House and the Senate. To the greatest extent feasible, agencies should include in the cover letter a reference or hyperlink to facilitate electronic access to the report and provide the documents by electronic mail delivery. These measures will help reduce costs, conserve paper, expedite agency processing, and ensure that consistent information is conveyed concurrently to the majority and minority committee offices of both chambers of Congress.
Budget Submissions.--The budget justification materials shall also incorporate a separate table briefly describing the top management challenges for fiscal year 2016 as identified by the agency inspector general, along with an explanation of how the fiscal year 2017 budget request addresses each such management challenge.
Contracts and Awards.--Agencies funded by this Act should require that all contracts within their purview that provide award fees link such fees to successful acquisition outcomes, specifying the terms of cost, schedule, and performance. Agencies funded by this Act should not pay awards or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $222,500,000 for departmental offices salaries and expenses. Within the amount provided under this heading, up to $22,200,000 is available until September 30, 2017, for the Treasury-wide Financial Statement Audit; information technology modernization; the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund; and the development and implementation of programs within the Office of Critical Infrastructure Protection and Compliance Policy. The type of technical assistance that Treasury's Departmental Offices may provide to Puerto Rico includes the following: economic forecasting, budgeting, cash management, and spending controls, information technology upgrades, multi-year fiscal planning, revenue and expenditure projections, improving tax collections, and grant management.
Cloud Computing.--Transitioning to commercial cloud computing services offers significant savings and more agility to federal agencies. In fiscal year 2015, the Department was directed to provide a report to the Committees on Appropriations of the House and Senate on current and planned cloud computing usage by bureau and office. The Department shall provide a follow-up report, including an update on the use of commercial cloud computing services, current plans for the expansion of cloud computing to leverage the utility-based model, the security benefits of transitioning Federal Information Security Modernization Act
(FISMA) moderate systems and data to cloud computing, any factors delaying or inhibiting the expansion of cloud computing usage, and the cost savings achieved in fiscal year 2016 by the utilization of commercial cloud computing services by November 30, 2016.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $117,000,000 for the Office of Terrorism and Financial Intelligence, of which no more than $27,100,000 is for administrative expenses and $5,000,000 is available until September 30, 2017.
Economic Sanctions and Divestments.--The Department of the Treasury will fully implement sanctions and divestment measures applicable to the proliferation of weapons of mass destruction, terrorism, transnational organized crime, the Islamic State of Iraq and the Levant, Russia, Belarus, North Korea, Iran, Sudan, Syria, Venezuela, Zimbabwe and designated rebel groups operating in and around the Democratic Republic of Congo. The Department will promptly notify the Committees on Appropriations of the House and Senate of any resource constraints that adversely impact the implementation of these sanctions programs.
General Licenses.--In lieu of the report on enforcement of general licenses as required by the House report, the Office of Terrorism and Financial Intelligence is directed to provide a briefing to the Committees on Appropriations of the House and Senate on the enforcement of general licenses.
Mistaken Identity.--In lieu of the House report language on mistaken identity, the agreement adopts the following language:
In the course of sanctions enforcement, financial institutions may generate false positives. Innocent persons may find their bank accounts blocked or their application for credit denied because they share the same name as someone on the Specially Designated Nationals and Blocked Persons List
(SDN). The Office of Foreign Assets Control shall submit a report to the Committees on Appropriations of the House and Senate not less than 180 days after enactment of this Act about its efforts to address the effects on individuals and entities whose name is a partial or complete match to an entry on the SDN List, including outreach initiatives with industry.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $5,000,000 for the Department-Wide Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $35,416,000 for the Office of Inspector General.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $167,275,000 for salaries and expenses of the Treasury Inspector General for Tax Administration
(TIGTA).
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $40,671,000 for salaries and expenses of the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP).
As TARP investments continue to wind down, SIGTARP is expected, within its audits and investigations, to focus its efforts on ongoing TARP housing programs and enforcement against TARP financial participants who directly waste, steal, or abuse TARP funds.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill includes $112,979,000 for salaries and expenses for the Financial Crimes Enforcement Network (FinCEN).
Treasury Forfeiture Fund
(RESCISSION)
The bill includes a rescission of $700,000,000 of the unobligated balances in the Treasury Forfeiture Fund.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $363,850,000 for salaries and expenses of the Bureau of the Fiscal Service, and provides $165,000 to be derived from the Oil Spill Liability Trust Fund to reimburse Fiscal Service personnel for financial management of the fund. Within the amount provided in the bill, $19,800,000 is available until September 30, 2018, for DATA Act implementation.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $106,439,000 for salaries and expenses of the Alcohol and Tobacco Tax and Trade Bureau. Within this amount, $5,000,000 is provided for costs associated with accelerating the processing of label and formula applications.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $20,000,000 in new liabilities and obligations may be incurred during fiscal year 2016 for circulating coinage and protective service capital investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $233,523,000 for the Community Development Financial Institutions (CDFI) Fund program. Within this amount, not less than $153,423,000 is for financial and technical assistance grants; not less than
$15,500,000 is for technical assistance and other purposes for Native American, Native Hawaiian, and Alaskan Native communities; not less than $22,000,000 is for the Healthy Food Financing Initiative; not less than $19,000,000 is for the Bank Enterprise Award program; and up to $23,600,000 is for administrative expenses. The bill limits the total loan principal for the Bond Guarantee program to $750,000,000.
CDFI Data Enhancement.--The CDFI Fund is directed to enhance the quality and completeness of the data it tracks in order to improve program transparency and impact analysis, consistent with all directives accompanying Senate Report 114-97.
Non-Metropolitan and Rural Areas.--The Treasury Department is directed to take into consideration the unique conditions, challenges, and scale of non-metropolitan and rural areas when designing and administering programs to address economic revitalization and community development. In addition, CDFI funding should be used to support projects that serve populations living in persistent poverty counties as required by Public Law 112-74.
Internal Revenue Service
In lieu of the deadline in the Senate report of within 60 days of enactment for a user fee spending plan, the agreement directs the IRS to submit a user fee spending plan 30 days prior to obligation to the Committees on Appropriations of the House and Senate.
Taxpayer Services
The bill provides $2,156,554,000 for Internal Revenue Service (IRS) Taxpayer Services. Within the overall amount, not less than $12,000,000 is for low-income taxpayer clinic grants, not less than $6,500,000 is for the Tax Counseling for the Elderly program, and not less than $206,000,000 is provided for operating expenses of the IRS Taxpayer Advocate Service, of which not less than $5,000,000 is for identity theft casework.
In addition, within the overall amount provided, not less than $15,000,000, available until September 30, 2017, is included for the Community Volunteer Income Tax Assistance matching grants program.
The requirement in the House report for the Federal Trade Commission to review a report on identity theft is not adopted.
ENFORCEMENT
The bill provides $4,860,000,000 for Enforcement.
The Senate report language on addressing fraud and filing errors in refundable credit programs is not adopted.
OPERATIONS SUPPORT
The bill provides $3,638,446,000 for Operations Support.
Official Time.--In lieu of the House report language on official time, the agreement adopts the following language:
Not later than 90 days from the enactment of this Act, the IRS Official Time Program Unit shall submit a report to the Committees on Appropriations of the House and Senate on the total number of bargaining unit employees, the number of bargaining unit employees who use official time, the number of hours of official time, the number of official time hours used per bargaining unit employee, the number of employees, if any, that use official time 100 percent of the time, and official time wage costs for fiscal years 2011-2015, including the year-over-year percentage change and a description of how the Official Time Program Unit monitors official time for compliance with the bargaining agreement on behalf of labor and management.
Information Technology Reports.--In lieu of the House report language on information technology reports, the agreement adopts the Senate report language on information technology reports.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $290,000,000 for Business Systems Modernization.
Information Technology Reports.--In lieu of the House report language on information technology reports, the agreement adopts the Senate report language on information technology reports.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services for taxpayers and directs the Commissioner to make improving phone service a priority and to enhance response times.
Section 105 prohibits funds for videos unless reviewed in advance by the IRS' Video Editorial Board for cost, topic, tone, and purpose.
Section 106 requires the IRS to issue notices to employers of any address change request and to give special consideration to offers in compromise for taxpayers who have been victims of payroll tax preparer fraud.
Section 107 prohibits the use of funds by the IRS to target United States citizens for exercising any right guaranteed under the First Amendment to the Constitution.
Section 108 prohibits the use of funds by the IRS to target groups for regulatory scrutiny based on their ideological beliefs.
Section 109 requires the IRS to comply with procedures and policies on conference spending in accordance with IRS policies issued as a result of Treasury Inspector General for Tax Administration recommendations.
Section 110 prohibits funds for giving bonuses to employees or hiring former employees without considering conduct and compliance with Federal tax law.
Section 111 prohibits the IRS from using funds made available by this Act to contravene a provision of the Internal Revenue Code of 1986 related to the confidentiality and disclosure of returns and return information.
Section 112 prohibits funds for pre-populated returns.
Section 113 provides $290,000,000 to be used solely for measurable improvements in the customer service representative level of service rate, to improve the identification and prevention of refund fraud and identity theft, and to enhance cybersecurity to safeguard taxpayer data. None of the funds are to implement the Affordable Care Act and the Commissioner is required to submit a spend plan.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
The bill includes the following provisions:
Section 114 allows Treasury to use funds for certain specified expenses.
Section 115 allows for the transfer of up to 2 percent of funds among various Treasury bureaus and offices.
Section 116 allows for the transfer of up to 2 percent from the IRS accounts to the Treasury Inspector General for Tax Administration.
Section 117 prohibits funding to redesign the $1 note.
Section 118 allows for the transfer of funds from the Bureau of Fiscal Service-Salaries and Expenses to the Debt Collection Fund conditional on future reimbursement.
Section 119 prohibits funds to build a United States Mint museum without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction.
Section 120 prohibits funding for consolidating the functions of the United States Mint and the Bureau of Engraving and Printing without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction.
Section 121 specifies that funds for Treasury intelligence activities are deemed to be specifically authorized until enactment of the fiscal year 2016 intelligence authorization act.
Section 122 permits the Bureau of Engraving and Printing to use up to $5,000 from the Industrial Revolving Fund for reception and representation expenses.
Section 123 requires the Secretary to submit a Capital Investment Plan.
Section 124 requires the Office of Financial Research and Office of Financial Stability to submit quarterly reports.
Section 125 requires a Franchise Fund report.
Section 126 requires the Department to submit a report on economic warfare and financial terrorism.
Section 127 prohibits the Department from finalizing any regulation related to the standards used to determine the tax-exempt status of a 501(c)(4) organization.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $55,000,000 for the salaries and expenses of the White House.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $12,723,000 for the Executive Residence at the White House.
White House Repair and Restoration
The bill provides $750,000 for repair, alteration and improvement of the Executive Residence at the White House.
Council of Economic Advisers
Salaries and Expenses
The bill provides $4,195,000 for salaries and expenses of the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $12,800,000 for salaries and expenses of the National Security Council and Homeland Security Council.
Office of Administration
SALARIES AND EXPENSES
The bill provides $96,116,000 for salaries and expenses of the Office of Administration. The bill includes not to exceed
$7,994,000, to remain available until expended, for information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $95,000,000 for the salaries and expenses of the Office of Management and Budget (OMB).
Unobligated Balances Report.--OMB is directed to report to the Committees on Appropriations of the House and Senate within 45 days of the end of each fiscal quarter on available balances at the start of the fiscal year, current year obligations, and resulting unobligated balances for each discretionary account within the following agencies: the Department of the Treasury, the Executive Office of the President, the Federal Communications Commission, the Federal Trade Commission, the General Services Administration, the National Archives and Records Administration, the Securities and Exchange Commission, and the Small Business Administration.
Personnel and Obligations Report.--In lieu of House report language regarding reports on personnel and obligations, OMB is directed to provide the Committees on Appropriations of the House and Senate with quarterly reports on personnel and obligations, including: on-board staffing levels by office, estimated staffing levels by office for the remainder of the fiscal year, total obligations incurred to date, estimated total obligations for the remainder of the fiscal year, and a narrative description of current hiring initiatives and any other issues that affect OMB's ability to add additional staff as intended.
Budget Submission.--OMB is directed to consult with each standing committee in the House of Representatives and the Senate on the number of printed and electronic copies of the President's fiscal year 2017 budget request and related budget volumes needed by each committee, and to provide the necessary volumes at the time the President submits the budget request to Congress.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $20,047,000 for salaries and expenses of the Office of National Drug Control Policy (ONDCP).
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $250,000,000 for the High Intensity Drug Trafficking Areas (HIDTA) Program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $109,810,000 for Other Federal Drug Control Programs. The agreement allocates funds among specific programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program........................ 95,000,000
(Training........................................ 2,000,000)
Drug court training and technical assistance......... 2,000,000
Anti-Doping activities............................... 9,500,000
World Anti-Doping Agency (U.S. membership dues)...... 2,060,000
Discretionary Grants as authorized by P.L. 109-469, 1,250,000
section 1105........................................
------------------------------------------------------------------------
Unanticipated Needs
The bill provides $800,000 for Unanticipated Needs.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $30,000,000 for information technology oversight and reform activities. With this amount the U.S. Digital Service (USDS) is directed to collaborate with Federal agencies to deliver information technology (IT) improvements, including those agencies funded in this bill. USDS is directed to provide a quarterly report to the Committees on Appropriations of the House and Senate describing the status of current USDS teams and projects including the top 10 high priority programs, a list of USDS accomplishments, and agency project proposals. In particular, USDS is directed to collaborate with the Treasury and the Internal Revenue Service (IRS) Chief Information Officers to develop one major online product for IRS.gov to improve taxpayer services using the Digital Services Playbook and provide quarterly briefings to the Committees on Appropriations of the House and Senate describing its progress.
IT Savings Reports.--As required by the Federal Information Technology Acquisition Reform Act (FITARA) and OMB Memorandum M-15-14: Management and Oversight of Federal Information Technology, Federal agencies are required to report each quarter on cost savings and cost avoidance achieved as a result of their IT reform strategies. Each quarter, OMB shall aggregate the agency data, post it on the publicly available website known as the ``IT Dashboard'', and provide a summary of the agency reports. In lieu of a quarterly report, OMB shall notify the Committees on Appropriations of the House and Senate no later than 45 days after the end of each quarter that the data are available, and provide a web link to the aggregated agency data and summary.
Special Assistance to the President
SALARIES AND EXPENSES
The bill provides $4,228,000 for salaries and expenses to enable the Vice President to provide special assistance to the President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $299,000 for operating expenses for the official residence of the Vice President.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following Administrative Provisions under this title:
Section 201 provides transfer authority among various Executive Office of the President accounts.
Section 202 requires the Office of Management and Budget
(OMB) to report on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203).
Section 203 requires the Director of the OMB to include a statement of budgetary impact with any Executive Order issued during fiscal year 2016 and for Presidential memoranda estimated to have a regulatory cost in excess of
$100,000,000.
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $75,838,000 for salaries and expenses of the Supreme Court. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $9,964,000 for the care of the Supreme Court building and grounds.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $30,872,000 for salaries and expenses of the United States Court of Appeals for the Federal Circuit. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $18,160,000 for salaries and expenses of the United States Court of International Trade. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The bill provides $4,918,969,000 for salaries and expenses of the Courts of Appeals, District Courts, and Other Judicial Services. In addition, the bill provides mandatory costs as authorized by current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. The bill provides the Judiciary with its most current estimate of costs for this account. The bill also provides
$6,050,000 from the Vaccine Injury Compensation Trust Fund.
DEFENDER SERVICES
The bill provides $1,004,949,000 for Defender Services. The bill provides the Judiciary with its most current estimate of costs for this account. The bill includes a $1 increase to the hourly non-capital panel attorney rate above the COLA- adjusted level.
FEES OF JURORS AND COMMISSIONERS
The bill provides $44,199,000 for Fees of Jurors and Commissioners. The bill provides the Judiciary a current services funding level for this account sufficient to fund all juror costs for fiscal year 2016.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $538,196,000 for Court Security. The bill provides the Judiciary with its most current estimate of costs for this account.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $85,665,000 for salaries and expenses of the Administrative Office of the United States Courts.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $27,719,000 for salaries and expenses of the Federal Judicial Center.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $17,570,000 for salaries and expenses of the United States Sentencing Commission.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary appropriations.
Section 303 permits not more than $11,000 to be used for official reception and representation expenses of the Judicial Conference.
Section 304 extends through fiscal year 2016 the delegation of authority to the Judiciary for contracts for repairs of less than $100,000.
Section 305 continues a pilot program where the United States Marshals Service provides perimeter security services at selected courthouses.
Section 306 extends temporary judgeships in the eastern district of Missouri, Kansas, Arizona, the central district of California, the northern district of Alabama, the southern district of Florida, New Mexico, the western district of North Carolina, and the eastern district of Texas.
Section 307 allows a U.S. probation officer who has been appointed in one district to provide supervision services to another district with the consent of both courts.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia resident tuition support.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $13,000,000 for emergency planning and security costs in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $274,401,000 for the District of Columbia Courts. Within the amount provided, $14,192,000 is for the District of Columbia Court of Appeals; $123,638,000 is for the Superior Court of the District of Columbia; $73,981,000 is for the District of Columbia Court System; and $62,590,000 in multi-year funds is for capital improvements for District of Columbia court facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The bill provides $49,890,000 for Defender Services in District of Columbia Courts.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $244,763,000 to the Court Services and Offender Supervision Agency for the District of Columbia. Within the amount provided, $182,406,000 is for Community Supervision and Sex Offender Registration and $62,357,000 is for the Pretrial Services Agency for the District of Columbia.
The recommendation includes $3,159,000 in multi-year funds for costs associated with the expiration of facility leases.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $40,889,000 for the District of Columbia Public Defender Service.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $14,000,000 for the District of Columbia Water and Sewer Authority.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $1,900,000 for the Criminal Justice Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $565,000 for Judicial Commissions. Within the amount provided, $295,000 is for the Commission on Judicial Disabilities and Tenure, and $270,000 is for the Judicial Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $45,000,000 for school improvement in the District of Columbia, in accordance with the provisions of the Scholarships for Opportunity and Results Act (SOAR Act). Of that amount, $3,200,000 is for administrative expenses and evaluation costs.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $435,000 for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
The bill provides $5,000,000 for the purpose of HIV/AIDS testing and treatment.
District of Columbia Funds
The bill provides authority for the District of Columbia to spend its local funds in accordance with the Fiscal Year 2016 Budget Request Act of 2015.
TITLE V--INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,100,000, to remain available until September 30, 2017, for the Administrative Conference of the United States.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill includes $125,000,000 for the Consumer Product Safety Commission (CPSC). Within the amount provided,
$1,000,000 is for test burden reduction.
Recreational Off-highway Vehicles.-- In lieu of House report language regarding Recreational Off-highway Vehicles
(ROVs), the bill includes section 629 prohibiting the use of Federal funds in fiscal year 2016 for the adoption or implementation of the proposed rule on ROVs until a study by the National Academy of Sciences is completed.
Voluntary Recalls and Public Disclosure.--The bill does not adopt House report language regarding voluntary recalls and public disclosures of information.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $9,600,000 for salaries and expenses of the Election Assistance Commission (EAC). This includes
$1,500,000 to be transferred to the National Institute of Standards and Technology (NIST).
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides $339,844,000 for salaries and expenses of the Federal Communications Commission (FCC). In addition, the bill provides $44,168,497 for moving expenses. The bill provides that $384,012,497 be derived from offsetting collections, resulting in no net appropriation.
Video Relay Service.--There is concern about reports that providers of video relay service to the deaf and hard of hearing may be unable to continue to provide the service due to decreasing compensation rates from the FCC's Telecommunications Relay Service (TRS) program. The FCC's recent efforts to halt the scheduled reduction in compensation rates while determining a new long-term approach are appreciated. The FCC should continue to assess this issue to determine the compensation rates that will reimburse providers for their costs while ensuring a high quality of service. The FCC is directed to report to the Committees on Appropriations of the House and Senate on this topic, as specified in the House report language.
The Senate language directing the Commission to identify changes to items after approval by the Commission is not adopted.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
The bill includes the following administrative provisions for the Federal Communications Commission:
Section 501 extends an exemption for the Universal Service Fund.
Section 502 prohibits the FCC from changing rules governing the Universal Service Fund regarding single connection or primary line restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $34,568,000 to fund the Office of Inspector General (OIG) for the Federal Deposit Insurance Corporation. The OIG's appropriations are derived from the Deposit Insurance Fund and the Federal Savings and Loan Insurance Corporation (FSLIC) Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $76,119,000 for salaries and expenses of the Federal Election Commission.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $26,200,000 for the Federal Labor Relations Authority.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $306,900,000 for salaries and expenses of the Federal Trade Commission. This appropriation is partially offset by premerger filing and Telemarketing Sales Rule fees estimated at $124,000,000 and $14,000,000, respectively.
General Services Administration
Activities Report.--GSA is directed to submit a report to the Committees on Appropriations of the House and Senate within 120 days of enactment of this Act regarding how it ensures an appropriate level of minority, women, and veteran owned firm participation in its facilities and procurement activities.
GAO Reports.--The agreement does not adopt Senate report language requiring Government Accountability Office (GAO) reports ``GAO Report on the National Capital Region Rental Rates'' and ``GAO Report on the National Capital Region Per Diem''.
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The bill provides resources from the General Services Administration (GSA) Federal Buildings Fund totaling
$10,196,124,000.
Construction and Acquisition.--The bill provides
$1,607,738,000 for construction and acquisition:
Repairs and Alterations.--The bill provides $735,331,000 for repairs and alterations. Funds are provided in the amounts indicated:
Major Repairs and Alterations........................ $310,331,000
Basic Repairs and Alterations........................ $300,000,000
Fire and Life Safety Program......................... $20,000,000
Judiciary Capital Security Program................... $20,000,000
Energy and Water Retrofit and Conservation Measures.. $10,000,000
Consolidation Activities............................. $75,000,000
For Major Repairs and Alterations, GSA is directed to submit a spending plan, by project, as specified in Section 516 of this Act to the Committees on Appropriations of the House and Senate (Committees) and to provide notification to the Committees, within 15 days prior to any changes in the use of these funds.
Rental of Space.--The bill provides $5,579,055,000 for rental of space.
Building Operations.--The bill provides $2,274,000,000 for building operations. Within this amount, $1,137,000,000 is for building services and $1,137,000,000 is for salaries and expenses. Up to five percent of the funds may be transferred between these activities upon the advance notification to Committees.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $58,000,000 for General Services Administration (GSA) Government-wide policy activities.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $58,560,000 for operating expenses. Within the amount provided under this heading, the bill provides $25,979,000 for Real and Personal Property Management and Disposal, $23,397,000 for the Office of the Administrator, and $9,184,000 for the Civilian Board of Contract Appeals. Up to five percent of the funds for the Office of the Administrator may be transferred to Real and Personal Property Management and Disposal upon the advance notification to the Committees on Appropriations of the House and Senate.
OFFICE OF INSPECTOR GENERAL
The bill provides $65,000,000 for the Office of Inspector General (OIG).
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $3,277,000 for allowances and office staff for former Presidents.
PRE-ELECTION PRESIDENTIAL TRANSITION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $13,278,000 for pre-election presidential transition.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $55,894,000 for deposit into the Federal Citizen Services Fund (the Fund) and authorizes use of appropriations, revenues and collections in the Fund in an aggregate amount not to exceed $90,000,000. Any deviation from the spending plan required for Electronic Government projects shall require a notification within 30 days to the Committees on Appropriations of the House and Senate.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 510 specifies that funds are available for hire of motor vehicles.
Section 511 authorizes transfers within the Federal Buildings Fund, with advance approval of the Committees on Appropriations of the House and Senate.
Section 512 requires transmittal of a fiscal year 2017 request for courthouse construction that meets design guide standards, reflects the priorities in the Judicial Conference's 5-year construction plan, and includes a standardized courtroom utilization study.
Section 513 specifies that funds in this Act may not be used to increase the amount of occupiable space or provide services such as cleaning or security for any agency that does not pay the rental charges assessed by GSA.
Section 514 permits GSA to pay certain construction-related claims against the Federal Government from savings achieved in other projects.
Section 515 requires that the delineated area of procurement for leased space match the approved prospectus, unless the Administrator provides an explanatory statement to the appropriate congressional committees.
Section 516 requires a spending plan for certain accounts and programs.
Section 517 requires the General Services Administration
(GSA), in consultation with the Administrative Office of the United States Courts, to submit a spending plan and description for each project to be undertaken to the Committees on Appropriations of the House and Senate no later than 120 days after the date of enactment of this Act. The spending plan should: (1) reflect the project priorities as determined by the Judicial Conference of the United States; and (2) include GSA's most updated cost estimates for each project.
Section 518 requires a spending plan for joint U.S. courthouses and federal buildings, including U.S. post offices.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $1,000,000 for payment to the Harry S Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $46,835,000, to remain available until September 30, 2017, for salaries and expenses of the Merit Systems Protection Board. Within the amount provided,
$44,490,000 is a direct appropriation and $2,345,000 is a transfer from the Civil Service Retirement and Disability Fund to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,995,000 for payment to the Morris K. Udall and Stewart L. Udall Trust Fund, of which $200,000 shall be transferred to the Department of the Interior Office of Inspector General to conduct audits and investigations.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,400,000 for payment to the Environmental Dispute Resolution Fund.
National Archives And Records Administration
OPERATING EXPENSES
The bill provides $372,393,000 for the operating expenses of the National Archives and Records Administration (NARA).
OFFICE OF INSPECTOR GENERAL
The bill provides $4,180,000 for NARA's Office of Inspector General.
REPAIRS AND RESTORATION
The bill provides $7,500,000 for repairs and restoration.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM
The bill provides $5,000,000 for the National Historical Publications and Records Commission grants program.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $2,000,000 for the Community Development Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $15,742,000 for salaries and expenses of the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $245,238,000 for salaries and expenses of the Office of Personnel Management (OPM). Within the amount provided, $120,688,000 is a direct appropriation and
$124,550,000 is a transfer from OPM trust funds.
This bill provides $21,000,000 for OPM to improve its IT security and infrastructure. OPM is directed to provide quarterly briefings to the Committees on Appropriations of the House and Senate outlining its progress on its infrastructure improvement project to increase network security and migrate legacy systems. Prior to obligating the
$21,000,000 for IT security improvements, OPM is directed to consult with the Office of Management and Budget, the U.S. Digital Service, and the Department of Homeland Security regarding the proposed use of funds and the modernization project.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $26,844,000 for salaries and expenses of the Office of Inspector General. Within the amount provided,
$4,365,000 is a direct appropriation and $22,479,000 is a transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The bill includes $24,119,000 for the salaries and expenses of the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $15,200,000 for salaries and expenses of the Postal Regulatory Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $21,297,000 for salaries and expenses of the Privacy and Civil Liberties Oversight Board.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,605,000,000 for the Securities and Exchange Commission (SEC). The bill provides $68,223,000 for the Division of Economic and Risk Analysis, and stipulates that $1,605,000,000 be derived from offsetting collections resulting in no net appropriation. The bill provides that the SEC Office of Inspector General shall receive no less than
$11,315,971.
Dodd-Frank.--The Division of Economic and Risk Analysis
(DERA) is directed to report to the Committees on Appropriations of the House and Senate, the Committee on Financial Services in the House and the Committee on Banking, Housing, and Urban Affairs in the Senate, within 18 months of enactment of this Act, on the combined impacts that the Dodd- Frank Act--especially Section 619--and other financial regulations, such as Basel III, have had on: (1) access to capital for consumers, investors, and businesses, and (2) market liquidity, to include U.S. Treasury markets and corporate debt. DERA shall provide an update to the Committees on their work no later than August 1, 2016.
Spending Plan.--The SEC is directed to submit, within 60 days of enactment, a detailed spending plan for the allocation of appropriated funds displayed by discrete program, project, and activity, including staffing projections, specifying both FTEs and contractors, and planned investments in information technology. The SEC is also directed to submit, within 60 days of enactment, a detailed spending plan for the allocation of expenditures from the Reserve Fund.
Selective Service System
SALARIES AND EXPENSES
The bill provides $22,703,000 for salaries and expenses of the Selective Service System.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $268,000,000 for salaries and expenses of the Small Business Administration (SBA).
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $231,100,000 for SBA Entrepreneurial Development Programs. The SBA shall not reduce these amounts and shall not merge any of the entrepreneurial development programs without the advance written approval from the Committees on Appropriations of the House and Senate.
------------------------------------------------------------------------
Project ($000)
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7(j) Technical Assistance Program (Contracting 2,800
Assistance).........................................
Entrepreneurship Education........................... 10,000
Growth Accelerators.................................. 1,000
HUBZone Program...................................... 3,000
Microloan Technical Assistance....................... 25,000
National Women's Business Council.................... 1,500
Native American Outreach............................. 2,000
PRIME Technical Assistance........................... 5,000
Regional Innovation Clusters......................... 6,000
SCORE................................................ 10,500
Small Business Development Centers (SBDC)............ 117,000
State Trade & Export Promotion (STEP)................ 18,000
Veterans Outreach.................................... 12,300
Women's Business Centers (WBC)....................... 17,000
------------------
Total, Entrepreneurial Development Programs...... 231,100
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Veterans Outreach Programs.--The SBA is directed to report to the Committees on Appropriations of the House and Senate within 30 days of enactment of this Act on how the SBA intends to use the funds provided in fiscal year 2016 to continue providing training and consultation services to veterans, veteran small business owners, service-disabled veteran small business owners, and reservists.
Growth Accelerators.--The bill provide $1,000,000 for the growth accelerator program in order to foster entrepreneurial ecosystems outside of traditional startup hubs with a focus on small and mid-sized metropolitan areas. The SBA is directed to require $4 of matching funds for every $1 awarded under the growth accelerator program, and to report within 60 days of enactment of this Act to the Committees on Appropriations of the House and Senate on the use of fiscal year 2015 funds, including performance metrics to assess the success of the program.
OFFICE OF INSPECTOR GENERAL
The bill provides $19,900,000 for the Office of Inspector General of the Small Business Administration.
OFFICE OF ADVOCACY
The bill provides $9,120,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $156,064,000 for the Business Loans Program Account. Of the amount provided, $3,338,172 is for the cost of direct loans in the microloan program, and
$152,725,828 is for administrative expenses to carry out the direct and guaranteed loan programs which may be transferred to and merged with Salaries and Expenses. The bill provides a
$26,500,000,000 cap for SBA 7(a) loans.
7(a) Program.--For the past two years, Congress has increased the SBA 7(a) loan cap outside of the regular fiscal year Appropriations bills due to higher than projected demand for loans. The bill provides $26.5 billion in 7(a) authority for fiscal year 2016. The SBA is expected to better and more actively manage the 7(a) program within the cap provided by Congress. P.L. 114-38 requires quarterly reporting for three years and SBA is expected to meet all of the reporting requirements to Congress in the manner outlined in statute. In addition, the SBA is directed to report to the Committees on Appropriations of the House and Senate, the House Committee on Small Business and the Senate Committee on Small Business and Entrepreneurship, no later than April 1, 2016, on SBA's plan for future instances where loan demand may exceed program authority. The report shall include: 1) a review of at least four administrative actions available to the SBA and which actions, or combination of actions, are preferable; 2) a list of standard operating procedures the SBA can use when the program is close to exceeding authority; and 3) a study of how the SBA could have applied these actions to the 7(a) program in fiscal year 2015.
Fee Waiver for Veterans.--Although both the House and Senate bills included language waiving 7(a) loan fees for veterans and their spouses, P.L. 114-38, signed into law on July 28, 2015, permanently waives the 7(a) loan guarantee fees for veterans and their spouses. SBA is encouraged to continue to work with veterans throughout all SBA's programs to support and encourage veteran-owned small businesses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $186,858,000 for the administrative costs of the Disaster Loans Program Account.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions for the Small Business Administration:
Section 520 concerns transfer authority and availability of funds.
Section 521 authorizes the SBA to carry out section 1122 of Public Law 111-240 and also increases the cap on multiple Small Business Investment Company funds under common control from $225 million to $350 million. Both are in effect for fiscal year 2016 and thereafter. Economic development is the pillar of 504 loans. The SBA is directed to ensure development companies are investing in economic development. As such, the alternate job retention goal authority was eliminated, though regular job creation and job retention goals are preserved, and refinance loans per development company are capped so that they focus on expanding small firms and economic development.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $55,075,000 for payment to the Postal Service Fund.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $248,600,000 for the Office of Inspector General.
United States Tax Court
Salaries and Expenses
The bill provides $51,300,000 for salaries and expenses of the United States Tax Court.
TITLE VI--GENERAL PROVISIONS--THIS ACT (INCLUDING RESCISSION)
The bill includes the following provisions:
Section 601 prohibits paying expenses or otherwise compensating non-Federal parties in regulatory or adjudicatory proceedings funded in this Act.
Section 602 prohibits obligations beyond the current fiscal year and transfers of funds unless expressly so provided herein.
Section 603 limits consulting service expenditures to contracts where such expenditures are a matter of public record, with exceptions.
Section 604 prohibits funds from being transferred to any department, agency, or instrumentality of the United States without express authority provided in this or any other appropriations Act.
Section 605 prohibits the use of funds to engage in activities that would prohibit the enforcement of section 307 of the 1930 Tariff Act.
Section 606 prohibits funds from being expended unless the recipient agrees to comply with the Buy American Act.
Section 607 prohibits funding to a person or entity convicted of violating the Buy American Act.
Section 608 provides reprogramming authority and requires agencies to submit financial plans to the Committees on Appropriations of the House and Senate.
Section 609 provides that not to exceed 50 percent of unobligated balances from salaries and expenses may remain available for certain purposes.
Section 610 prohibits funds for the Executive Office of the President to request either a Federal Bureau of Investigation background investigation, except with the express consent of the individual involved in an investigation or in extraordinary circumstances involving national security, or an Internal Revenue Service determination with respect to section 501(a) of the Internal Revenue Code of 1986.
Section 611 provides that cost accounting standards not apply to a contract under the Federal Employees Health Benefits Program.
Section 612 permits the Office of Personnel Management to accept funds related to nonforeign area cost-of-living allowances.
Section 613 prohibits the expenditure of funds for abortions under the Federal Employees Health Benefits Program.
Section 614 provides an exemption from section 613 if the life of the mother is in danger or the pregnancy is a result of an act of rape or incest.
Section 615 waives certain restrictions on the purchase of non-domestic articles, materials, and supplies for information technology acquired by the Federal Government.
Section 616 prohibits the acceptance by any regulatory agency or commission funded by this Act, or by their officers or employees, of payment or reimbursement for travel, subsistence, or related expenses from any person or entity, or their representative, that engages in activities regulated by such agency or commission.
Section 617 permits the Securities and Exchange Commission and Commodity Futures Trading Commission to fund a joint advisory committee to advise on emerging regulatory issues, notwithstanding section 708 of this Act.
Section 618 requires agencies covered by this Act with independent leasing authority to consult with the General Services Administration before seeking new office space or making alterations to existing office space.
Section 619 provides funding for several appropriated mandatory accounts. These are accounts where authorizing language requires the payment of funds. The budget request assumes the following estimated cost for the programs addressed in this provision: $450,000 for Compensation of the President including $50,000 for expenses, $143,600,000 for the Judicial Retirement Funds (Judicial Officers' Retirement Fund, Judicial Survivors' Annuities Fund, and the United States Court of Federal Claims Judges' Retirement Fund),
$11,806,000,000 for the Government Payment for Annuitants, Employee Health Benefits, $55,000,000 for the Government Payment for Annuitants, Employee Life Insurance, and
$8,975,000,000 for the Payment to the Civil Service Retirement and Disability Fund.
Section 620 provides authority for the Public Company Accounting Oversight Board to obligate funds for a scholarship program.
Section 621 prohibits funds for the Federal Trade Commission to complete the draft report on food marketed to children unless certain requirements are met.
Section 622 prohibits funds for certain positions.
Section 623 prevents conflicts of interest by prohibiting contractor security clearance-related background investigators from undertaking final Federal reviews of their own work.
Section 624 provides authority for Chief Information Officers over information technology spending.
Section 625 prohibits funds from being used in contravention of the Federal Records Act.
Section 626 rescinds $25,000,000 from the Securities and Exchange Commission Reserve Fund established by the Dodd- Frank Wall Street Reform and Consumer Protection Act.
Section 627 prohibits agencies from requiring Internet Service Providers (ISPs) to disclose electronic communications information in a manner that violates the Fourth Amendment.
Section 628 prohibits implementation for 10 years of a rule adopted by the Federal Communications Commission on March 31, 2014 (FCC 14-28) related to joint sales agreements.
Section 629 prohibits funds from being used in fiscal year 2016 to finalize or implement the proposed rule on recreational off-highway vehicles until a study is completed by the National Academy of Sciences.
Section 630 provides $2,266,085 from the Election Assistance Commission's (EAC) unobligated balances to record a disbursement.
Section 631 prohibits any modification of Universal Service Fund rules related to Mobility Fund Phase II.
Section 632 requires the Office of Personnel Management to offer 10 years of credit monitoring and identity protection to individuals affected by the data breaches.
Section 633 extends the Internet Tax Freedom Act through October 1, 2016.
Section 634 requires Federal banking agencies to conduct a study of the appropriate capital requirements for mortgage servicing assets for banking institutions.
Section 635 provides an additional $7,000,000 for the National Archives and Records Administration for the repair, alteration, and improvement of an additional leased facility to provide adequate storage for holdings of the House of Representatives and the Senate.
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 701 requires all agencies to have a written policy for ensuring a drug-free workplace.
Section 702 sets specific limits on the cost of passenger vehicles with exceptions for police, protective, heavy duty, electric hybrid and clean fuels vehicles.
Section 703 makes appropriations available for quarters and cost-of-living allowances.
Section 704 prohibits the use of appropriated funds to compensate officers or employees of the Federal Government in the continental United States unless they are citizens of the United States or qualify under other specified exceptions.
Section 705 ensures that appropriations made available to any department or agency for space, services and rental charges shall also be available for payment to the General Services Administration.
Section 706 allows the use of receipts from the sale of materials for acquisition, waste reduction and prevention, environmental management programs and other Federal employee programs as appropriate.
Section 707 allows funds for administrative expenses of government corporations and certain agencies to also be available for rent in the District of Columbia, services under 5 U.S.C. 3109, and the objects specified under this head.
Section 708 prohibits funds for interagency financing of boards (with exception), commissions, councils, committees or similar groups to receive multi-agency funding without prior statutory approval.
Section 709 precludes funds for regulations which have been disapproved by joint resolution.
Section 710 limits the amount of funds that can be used for redecoration of offices under certain circumstances to
$5,000, unless advance notice is transmitted to the Committees on Appropriations of the House and Senate.
Section 711 allows for interagency funding of national security and emergency preparedness telecommunications initiatives.
Section 712 requires agencies to certify that a Schedule C appointment was not created solely or primarily to detail the employee to the White House.
Section 713 prohibits the salary payment of any employee who prohibits, threatens, prevents or otherwise penalizes another employee from communicating with Congress.
Section 714 prohibits Federal employee training not directly related to the performance of official duties.
Section 715 prohibits executive branch agencies from using funds for propaganda or publicity purposes in support or defeat of legislative initiatives.
Section 716 prohibits any Federal agency from disclosing an employee's home address to any labor organization, absent employee authorization or court order.
Section 717 prohibits funds to be used to provide non- public information such as mailing, electronic mailing, or telephone lists to any person or organization outside the government without the approval of the Committees on Appropriations of the House and Senate.
Section 718 prohibits the use of funds for propaganda and publicity purposes not authorized by Congress.
Section 719 directs agency employees to use official time in an honest effort to perform official duties.
Section 720 authorizes the use of funds to finance an appropriate share of the Federal Accounting Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to the General Services Administration to finance an appropriate share of various government-wide boards and councils and for Federal Government Priority Goals under certain conditions.
Section 722 permits breastfeeding in a Federal building or on Federal property if the woman and child are authorized to be there.
Section 723 permits interagency funding of the National Science and Technology Council and requires the Office of Management and Budget to provide a report to the House and Senate on the budget and resources of the National Science and Technology Council.
Section 724 requires that the Federal forms that are used in distributing Federal funds to a State must indicate the agency providing the funds, the Federal Domestic Assistance Number, and the amount provided.
Section 725 prohibits Federal agencies from monitoring individuals' internet use.
Section 726 requires health plans participating in the Federal Employees Health Benefits Program to provide contraceptive coverage and provides exemptions to certain religious plans.
Section 727 recognizes the United States is committed to ensuring the health of the Olympic, Pan American and Paralympic athletes, and supports the strict adherence to antidoping in sport activities.
Section 728 allows funds for official travel to be used by departments and agencies, if consistent with OMB and Budget Circular A-126, to participate in the fractional aircraft ownership pilot program.
Section 729 prohibits funds for implementation of the Office of Personnel Management regulations limiting detailees to the Legislative Branch or implementing limitations on the Coast Guard Congressional Fellowship Program.
Section 730 restricts the use of funds for Federal law enforcement training facilities with an exception for the Federal Law Enforcement Training Center.
Section 731 prohibits executive branch agencies from creating prepackaged news stories that are broadcast or distributed in the United States unless the story includes a clear notification within the text or audio of that news story that the prepackaged news story was prepared or funded by that executive branch agency.
Section 732 prohibits funds from being used in contravention of the Privacy Act or associated regulations.
Section 733 prohibits funds in this or any other Act to be used for Federal contracts with inverted domestic corporations, unless the contract preceded this Act or the Secretary grants a waiver in the interest of national security.
Section 734 requires agencies to pay a fee to the Office of Personnel Management for processing retirements of employees who separate under Voluntary Early Retirement Authority or who receive Voluntary Separation Incentive payments.
Section 735 prohibits funds to require any entity submitting an offer for a Federal contract to disclose political contributions.
Section 736 prohibits funds for the painting of a portrait of an employee of the Federal government including the President, the Vice President, a Member of Congress, the head of an executive branch agency, or the head of an office of the legislative branch.
Section 737 limits the pay increases of certain prevailing rate employees.
Section 738 eliminates automatic statutory pay increases for the Vice President, political appointees paid under the executive schedule, ambassadors who are not career members of the Foreign Service, politically appointed (noncareer) Senior Executive Service employees, and any other senior political appointee paid at or above level IV of the executive schedule.
Section 739 requires reports to Inspectors General concerning expenditures for agency conferences.
Section 740 prohibits the use of funds to increase, eliminate, or reduce a program or project unless such change is made pursuant to reprogramming or transfer provisions.
Section 741 prohibits agencies from using funds to implement regulations changing the competitive areas under reductions-in-force for Federal employees.
Section 742 prohibits funds to begin or announce a study or public-private competition regarding conversion to contractor performance pursuant to OMB Circular A-76.
Section 743 ensures that contractors are not prevented from reporting waste, fraud, or abuse by signing confidentiality agreements that would prohibit such disclosure.
Section 744 prohibits the expenditure of funds for the implementation of certain nondisclosure agreements unless certain provisions are included in the agreements.
Section 745 prohibits funds to any corporation with certain unpaid Federal tax liabilities unless an agency has considered suspension or debarment of the corporation and made a determination that further action is not necessary to protect the interests of the Government.
Section 746 prohibits funds to any corporation that was convicted of a felony criminal violation within the preceding 24 months unless an agency has considered suspension or debarment of the corporation and made a determination that further action is not necessary to protect the interests of the Government.
Section 747 amends Group Hospitalization and Medical Services' Congressional charter.
Section 748 requires the Bureau of Consumer Financial Protection to notify the Committees on Appropriations of the House and Senate, the Committee on Financial Services of the House, and the Committee on Banking, Housing, and Urban Affairs of the Senate of requests for a transfer of funds from the Board of Governors of the Federal Reserve System as well as post any such notifications on the Bureau's website.
Budget Briefing.--Given the need for transparency and accountability in the Federal budgeting process, and that the Bureau of Consumer Financial Protection's budget is funded independently of the annual appropriations spending bills, the Bureau is directed to provide an informal, nonpublic full briefing at least annually before the relevant subcommittee of the Committees on Appropriations of the House and Senate on the Bureau's finances and expenditures. All other directive report language regarding the Bureau of Consumer Financial Protection is not adopted.
Section 749 authorizes the President to award the Medal of Honor to Major Charles S. Kettles of the United States Army for acts of valor during the Vietnam War.
Section 750 prohibits funds for implementing Executive Order 13690 with certain exceptions. On January 30, 2015, the President issued Executive Order 13690 establishing a new Federal Flood Risk Management Standard and amending Executive Order 11988 (Floodplain Management). The Committees have heard numerous concerns about the new standard from many potentially affected stakeholders. These concerns include the process by which the standard was developed, the lack of clarity as to which specific programs and activities will be affected, and the uncertainty related to how each agency will implement the new standard. Further, the Committees remain frustrated with the quality of the responses from the executive branch on this issue. Therefore, the agreement includes language to clarify which specific programs will be affected and to reduce the uncertainty related to how each agency will implement the new standard. The Committees continue to encourage the executive branch to demonstrate to the Committees that stakeholder concerns have been addressed.
Section 751 declares references to ``this Act'' contained in any title other than title IV or VIII shall not apply to such titles IV or VIII.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
The bill includes the following general provisions for the District of Columbia:
Section 801 allows the use of local funds for making refunds or paying judgments against the District of Columbia government.
Section 802 prohibits the use of Federal funds for publicity or propaganda designed to support or defeat legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for Federal funds.
Section 804 prohibits the use of Federal funds for the salaries and expenses of a shadow U.S. Senator or U.S. Representative.
Section 805 places restrictions on the use of District of Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a petition or civil action which seeks to require voting rights for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act to distribute, for the purpose of preventing the spread of blood borne pathogens, sterile needles or syringes in any location that has been determined by local public health officials or local law enforcement authorities to be inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation that pertains to contraceptive coverage by health insurance plans.
Section 809 prohibits Federal funds to enact or carry out any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative. In addition, section 809 prohibits Federal and local funds to enact any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except in the cases of rape or incest or if necessary to save the life of the mother.
Section 811 requires the CFO to submit a revised operating budget no later than 30 calendar days after the enactment of this Act for agencies the CFO certifies as requiring a reallocation in order to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating budget for the District of Columbia Public Schools, no later than 30 calendar days after the enactment of this Act, that aligns schools budgets to actual enrollment.
Section 813 allows for transfers of local funds between operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds beyond the current fiscal year and transfers of funds unless expressly provided herein.
Section 815 provides that not to exceed 50 percent of unobligated balances from Federal appropriations for salaries and expenses may remain available for certain purposes. This provision will apply to the District of Columbia Courts, the Court Services and Offender Supervision Agency and the District of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year 2017 if there is an absence of a continuing resolution or regular appropriation for the District of Columbia. Funds are provided under the same authorities and conditions and in the same manner and extent as provided for fiscal year 2016.
Section 817 establishes additional requirements for schools participating in the Opportunity Scholarship Program funded in the agreement.
Section 818 reduces the income threshold for the District of Columbia Tuition Assistance Grant Program to $750,000 for 2016-2017, and adjusts for inflation thereafter.
Section 819 specifies that references to ``this Act'' in this title or title IV are treated as referring only to the provisions of this title and title IV.
This division may be cited as ``Financial Services and General Government Appropriations Act, 2016.''
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