[House Report 114-92]
[From the U.S. Government Publishing Office]
114th Congress } HOUSE OF REPRESENTATIVES { Report
1st Session } { 114-92
======================================================================
MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2016
_______
April 24, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Dent, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2029]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year
ending September 30, 2016, and for other purposes.
CONTENTS
Page
Purpose of the Bill.............................................. 2
Summary of Committee Recommendation.............................. 2
Comparative Statement of New Budget Authority.................... 4
Management and Oversight Initiatives............................. 14
Department of Defense:
Military Construction........................................ 16
NATO Security Investment Program............................. 25
Family Housing Construction and Operation and Maintenance.... 25
Chemical Demilitarization Construction, Defense-Wide......... 28
Department of Defense Base Closure Account................... 28
Administrative Provisions.................................... 29
Department of Veterans Affairs:
Veterans Benefits Administration............................. 32
Veterans Health Administration............................... 34
National Cemetery Administration............................. 50
Departmental Administration.................................. 51
Administrative Provisions.................................... 65
Related Agencies:
American Battle Monuments Commission......................... 69
U.S. Court of Appeals for Veterans Claims.................... 70
Cemeterial Expenses, Army.................................... 70
Armed Forces Retirement Home................................. 71
Administrative Provisions.................................... 72
Department of Defense:
Overseas Contingency Operations.............................. 72
General Provisions............................................... 73
House of Representatives Report Requirements..................... 74
Statement of General Performance Goals and Objectives........ 74
Rescissions.................................................. 74
Transfer of Funds............................................ 75
Disclosure of Earmarks and Congressionally Directed Spending
Items...................................................... 76
Changes in Application of Existing Law....................... 76
Appropriations Not Authorized by Law......................... 80
Program Duplication.......................................... 82
Directed Rule Making......................................... 82
Full Committee Votes......................................... 83
Ramseyer Rule................................................ 84
Comparison With the Budget Resolution........................ 84
Five-Year Projection of Outlays.............................. 84
Assistance to State and Local Governments.................... 85
State Project List........................................... 85
Minority Views............................................... 100
Purpose of the Bill
The purpose of the bill is to support our military and
their families and provide the benefits and medical care that
our veterans have earned for their service to our Nation. This
is accomplished through the programs funded in the bill, which
provide the facilities and infrastructure needed to house,
train, and equip our military personnel to defend this nation,
both in the United States and abroad; provide the housing and
military community infrastructure that supports a good quality
of life for them and their families; and allow the military to
maintain an efficient and effective base structure. The bill
also funds programs to ensure that all veterans receive the
benefits and medical care that they have earned as a result of
the sacrifices they have made in their service to our country.
Finally, the bill funds four related agencies that provide
support to our nation's heroes: the American Battle Monuments
Commission, Cemeterial Expenses, Army (including Arlington
National Cemetery), the United States Court of Appeals for
Veterans Claims, and the Armed Forces Retirement Home.
Summary of Committee Recommendation
The Committee recommends $171,135,757,000 in budget
authority for the fiscal year 2016 programs and activities
funded in the bill. The fiscal year 2016 recommendation is an
increase of $4,975,364,000 above the fiscal year 2015 enacted
level and $2,195,982,000 below the President's request.
Included in this amount is $94,546,757,000 in mandatory budget
authority and $76,589,000,000 in discretionary budget
authority.
The Committee recommendation highlights the continued
commitment to our servicemembers and their families and to our
veterans. In discretionary budget authority, the bill is nearly
6 percent over the fiscal year 2015 enacted level. The bill
includes significant increases in military construction, which
is 11.8 percent over the fiscal year 2015 level, and the
Department of Veterans affairs budget, which is 5.6 percent
over the fiscal year 2015 level. While the Committee
recommendation continues essential support for servicemembers
and veterans, it does not provide funds for projects or
activities that lacked sufficient justification or were less
mission-critical. Where it was prudent, the Committee
recommendation rescinds prior year funding that is no longer
needed for the purpose for which it was appropriated while
leaving sufficient resources to close out contracts.
The programs funded in the bill for the Department of
Defense address the priorities of the Department's Agencies and
the Services for numerous facility challenges that they face.
The funds provided support new construction, family housing,
continued cleanup of military bases closed during previous Base
Realignment and Closure rounds, resource Combatant Commanders
requirements where appropriate, and ensure that our military
personnel and their families' quality of life is preserved.
The total recommended funding level for military
construction and family housing, including base and Overseas
Contingency Operations (OCO) funding, is $7,638,000,000, which
is $1,080,000,000 above the fiscal year 2015 enacted level and
$799,620,000 below the budget request. The total includes
$7,151,000,000 in base funding and $532,000,000 in OCO funding.
The recommendation includes full funding for Family Housing,
funding for necessary construction on our bases, including
barracks, health facilities and schools, and support for
critical overseas investments.
The total funding level for fiscal year 2016 for the
Department of Veterans Affairs is $163,208,416,000, an increase
of $4,063,609,000 over the fiscal year 2015 enacted level. Of
the total, $94,546,757,000 is provided for mandatory benefit
programs and $68,661,659,000 is allocated to discretionary
programs such as medical care, claims processing, and
construction. In this bill, discretionary funding for the
Department of Veterans Affairs is recommended at 5.6 percent
over the fiscal year 2015 level. For fiscal year 2016,
$58,662,202,000 for medical care has been appropriated in
advance, and the recommendation includes an additional
$969,554,000 in newly identified needs for VA, focusing on
caregiver stipends, homelessness, and hepatitis C treatment.
The recommendation fully funds the request for the
administrative costs of Veterans Benefits Administration,
including funding for paperless claims, centralized mail, and
additional staff. In addition, the Committee recommendation
includes $63,271,000,000 in advance appropriations for fiscal
year 2017 for the three health care accounts of the Department
and $106,412,214,000 in advance appropriations for mandatory
benefits programs for fiscal year 2017.
The following table compares amounts recommended in the
bill to the President's request and amounts appropriated in
fiscal year 2015:
Management and Oversight Initiatives
The Committee believes the effective stewardship of
taxpayer dollars is of the highest priority. In the interest of
eliminating waste, fraud, and abuse in Federal programs, the
Committee has and will continue to use public hearings,
briefings, and information requests, and reviews by the
Government Accountability Office and the Inspectors General to
promote strong financial and program management, oversight and
leadership at the Department of Defense, the Department of
Veterans Affairs, and other agencies under the jurisdiction of
this bill.
The fiscal year 2016 appropriations Act and the
accompanying report address management challenges of the
Federal agencies funded herein, including directives to
strengthen financial and program management, eliminate
redundancy, and improve implementation and oversight of
initiatives that support the mission of this bill. The
Committee will use every means at its disposal to reduce
mismanagement that results in waste, fraud, and abuse.
Department of Defense (DOD).--In addition to the
notification and reporting requirements for military
construction programs contained in Title 10, United States
Code, the Committee's recommendations include several
provisions requiring the Department of Defense to report on
various aspects of military construction programs, or to
provide notification to the Committee when certain actions are
taken. The Committee also retains prior approval authority for
any reprogramming of funds exceeding a specific threshold. In
one case, the Committee limits any expenditure of construction
funds until information requested in the fiscal year 2015
Appropriations Act, and not yet provided whole or in part, is
received.
Department of Veterans Affairs (VA).--With the
$163,208,416,000 provided for the VA in this bill and the
increase in the number of veterans seeking VA medical services,
the Committee believes it is important to strengthen its tools
to monitor spending as well the operating procedures of the VA
workforce. The following initiatives demonstrate the
Committee's oversight focus:
VA electronic health record.--The Committee continues to
feel it is critical to closely track VA's development of its
electronic health record. In the aftermath of the DOD and VA
decision not to pursue a single integrated health record, it
becomes doubly important to ensure that the two health records
are designed in a way that permits interoperability between the
two in order that computable data from one record can be viewed
and used by clinicians with a different electronic record
system. The Committee continues the practice of the fiscal
years 2013, 2014 and 2015 bills to include language requiring
the VA to provide information on cost, timeline, performance
benchmarks, and interoperability capacity of the VistA
Evolution system before release of 75 percent of the funding
provided. The Committee does not intend to delay the progress
of developing the health record, but believes continuing
oversight is necessary to ensure that the health record will
have the capabilities and interoperability that the Committee
believes are critical to patient care, as promised by VA
leadership and in VA documents.
Disability and appeals claims.--The Committee bill
continues the aggressive monthly reporting requirements from
each specific regional office on claims processing performance
and quarterly reports on remediation efforts at the poorest
performing regional offices. The Committee is also concerned
about the Board of Veterans Appeals (BVA). Despite adding 100
FTE last year, the BVA is falling behind and it faces a tsunami
of appeals because so many claims decisions are being made and
appeals are proportional to decisions. The Committee requires
enhanced reporting on the appeals backlog and directs the Board
to report on the status of the appeals backlog on a quarterly
basis to include a definition of the backlog, the total number
of appeals pending, and the total number of appeals in backlog,
and to identify time-specific metrics related to reduction of
the backlog. Further, the Committee urges VA to address the
status of filling open BVA leadership positions, and the plans
for information technology to address the increasing workload.
Information Technology (IT).--The Committee continues to
include bill language prohibiting obligation or expenditure of
funds for information technology systems development,
modernization and enhancement until VA submits to the
Committees a certification of the amounts. The bill limits the
amount of funds that can be transferred into IT to 10 percent
of the total of the IT account. The bill contains language
which allows for the reprogramming of funds among development,
modernization and enhancement projects upon prior notification
to, and approval by, the Committees.
Stricter control of construction funding.--To enhance the
Committee's capacity to conduct oversight on VA's facility
construction efforts, several administrative provisions are
added or strengthened in the bill: (1) no funding greater than
$5,000,000 may be reprogrammed between construction projects
unless approved by the Committees on Appropriations of both
House of Congress; (2) any change to the scope of a
construction project is prohibited without the approval of the
Committees; and (3) VA must report any bid savings of
$5,000,000 or more on projects as soon as they are identified.
Additionally, the Committee continues bill language limiting
the availability of these funds to five years. The Committee
includes additional requirements for the VA as a result of the
gross facility construction mismanagement with the VA Aurora,
Colorado hospital project, including reporting on program
oversight and management controls for current and future VA
construction projects.
Access to care for veterans.--In the aftermath of the
appointment waitlist scandal in Phoenix and other VA hospital
facilities, the Committee has urged VA to increase its use of
non-VA contract care in order to provide care to veterans
faster. One mechanism the Committee has urged VA to use is the
Patient-Centered Community Care Program (PC3) which uses
outside contractors to locate appointments for veterans through
their networks of providers. The Committee is disappointed that
PC3 is not being used extensively throughout the VA health
system. As a result, the Committee has established rigorous
reporting requirements on the usage of PC3 so that Congress
will have the information it needs to facilitate PC3 use to
benefit veterans.
Notification of change in use of funds.--To ensure that the
Committee is informed of and approves of changes in planned
uses of medical services funds, the bill continues a
reprogramming requirement for significant changes in funding of
non-model initiatives.
TITLE I
DEPARTMENT OF DEFENSE
Military Construction Overview
Fiscal year 2015 enacted level (including rescissions) $6,558,000,000
Fiscal year 2016 budget request....................... 8,437,620,000
Committee recommendation in the bill (including 7,151,000,000
rescissions).........................................
Comparison with:
Fiscal year 2015 enacted level.................... 593,000,000
Fiscal year 2016 budget request................... (1,286,620,000)
Military construction accounts provide funds for new
construction, construction improvements, planning and design,
and host nation support. Projects funded by these accounts
include facilities for operations, training, maintenance,
research and development, supply, medical care, and force
protection, as well as unaccompanied housing, utilities
infrastructure, and land acquisition.
Reprogramming guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced by
the Congress in acting on the budget request is considered to
be a Congressional interest item and as such, prior approval is
required. Accordingly, no reprogramming to an item specifically
reduced below the threshold by the Congress is permitted,
except that the Department of Defense may seek reprogramming
for appropriated increments.
The reprogramming criteria that apply to military
construction projects (25 percent of the funded amount or
$2,000,000, whichever is less) continue to apply to new housing
construction projects and to improvements over $2,000,000. To
provide the services the flexibility to proceed with
construction contracts without disruption or delay, the costs
associated with environmental hazard remediation such as
asbestos removal, radon abatement, lead-based paint removal or
abatement, and any other legislated environmental hazard
remediation may be excluded, if such remediation requirements
could not be reasonably anticipated at the time of the budget
submission. This exclusion applies to projects authorized in
this budget year, as well as projects authorized in prior years
for which construction has not been completed. Planning and
design costs associated with military construction and family
housing projects may also be excluded from these guidelines. In
instances where prior approval to a reprogramming request for a
project or account has been received from the Committees on
Appropriations of both Houses of Congress, the adjusted amount
approved becomes the new base for any future increase or
decrease via below-threshold reprogramming (provided that the
project or account is not a Congressional interest item as
defined above).
In addition to these guidelines, the services are directed
to adhere to the guidance for military construction
reprogramming actions and notifications, including the
pertinent statutory authorities contained in Department of
Defense Financial Management Regulation 7000.14-R and relevant
updates and policy memoranda. The Committee further encourages
the Office of the Director of National Intelligence to use a
format similar to that used by the Office of the Secretary of
Defense to submit reprogramming requests.
Facilities Sustainment, Restoration and Modernization
(FSRM).--The Department of Defense is directed to continue
describing on form 1390 the backlog of FSRM requirements at
installations with future construction projects. For troop
housing requests, form 1391 should describe any FSRM conducted
in the past two years. Likewise, future requirements for
unaccompanied housing at the corresponding installation should
be included. Additionally, the forms should include English
equivalent measurements for projects presented in metric
measurement. Rules for funding repairs of facilities under the
Operation and Maintenance accounts are described below:
(1) components of the facility may be repaired by
replacement. Such replacement can be up to current
standards or codes;
(2) interior arrangements and restorations may be
included as repair;
(3) additions, new facilities, and functional
conversions must be performed as military construction
projects. Such projects may be done concurrently with
repair projects as long as the final conjunctively
funded project is a complete and usable facility; and
(4) the appropriate service secretary shall notify
the appropriate committees 21 days prior to carrying
out any repair project with an estimated cost in excess
of $7,500,000. The Committee strongly encourages the
services and defense agencies to indicate the plant
replacement value of the facility to be repaired on
each such notification.
Quarterly summary of notifications.--The Committee directs
the services and the Office of the Secretary of Defense (on
behalf of itself and defense agencies) to continue to submit a
quarterly report listing all notifications that have been
submitted to the Committees during the preceding three-month
period.
Work in Progress or Planned (WIP) curve.--The Committee
directs the services and the Office of the Secretary of Defense
(on behalf of itself and defense agencies) to submit a WIP
curve for each project requested in a budget submission over
$100,000,000 with the 1391 justification to the congressional
defense committees.
Transfer of funds to and from the Foreign Currency
Fluctuations, Construction, Defense Account.--The Committee
directs the Department of Defense to submit a quarterly report
to the Committees on Appropriations of both Houses of Congress
on the transfer of funds from military construction and family
housing accounts to the Foreign Currency Fluctuations,
Construction, Defense account. The report shall specify the
amount transferred to the Foreign Currency account from each
military construction and/or family housing account, and all
other accounts for which an appropriation is provided in this
Act, during the preceding fiscal quarter, and the amounts
transferred from the Foreign Currency account to the above
accounts during the same period. This report shall be submitted
no later than 30 days after the close of each fiscal quarter.
In addition, the Department of Defense shall notify the
Committees on Appropriations of both Houses of Congress within
7 days of transferring any amount in excess of $10,000,000 to
or from the Foreign Currency account.
Bid savings.--The Committee has ascertained from cost
variation notices required by 10 U.S.C. 2853 that the
Department of Defense continues to have bid savings on
previously appropriated military construction projects. The
Committee's recommendation therefore includes rescissions to
the Army, Air Force, and Defense-Wide construction accounts.
The Committee directs the Secretary of Defense to continue to
submit 1002 reports on military construction bid savings at the
end of each fiscal quarter to the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of both
the House and Senate. The Committee further directs the
Secretary of Defense to assess planned projects within the
services and the defense agencies under a threshold of
$10,000,000 in expected costs and report to the congressional
defense committees 90 days after enactment of this Act a list
of such projects that could be completed with bid savings and
subsequent reprogramming actions in lieu of incorporating them
into a fiscal year or a future year budget submission.
Defense Access Roads FYDP.--The Committee is concerned
about the lack of future planning for Defense Access Roads
(DAR) and transportation infrastructure needs around bases
beyond fiscal year 2016. The Committee urges the Secretary of
Defense to work with the Secretary of Transportation to
prioritize all DAR certified roads and projects in the outyears
2017-2021, including examining bases in communities that have
contributed to transportation infrastructure that benefits
bases and report to the congressional defense committees no
later than 30 days after enactment of this Act on its findings.
Defense Access Roads project timeline.--Accompanying Public
Law Number 113-235, the below language was included requesting
an updated list of certified unfunded Defense Access Road
requirements, and a list of unfunded requirements for road
improvements surrounding military installations. The Committee
still has yet to receive this report and directs the Department
of Defense to submit the report 30 days after enactment of this
Act.
The Committee is very concerned about the lack of use
of the Defense Access Roads program within the
Department of Defense. The Committee has heard of many
worthwhile road construction/expansion projects in and
around military installations that are in great need of
funding. These projects would provide a great benefit
to the installations and the surrounding communities.
Therefore, the Committee directs the Department to
review needed projects around military installations as
well as a timeline on when those projects will be
completed and report back to the Committee not later
than 30 days after enactment of this Act. If the
Department cannot provide a timeline, they should
explain how the program can be changed to meet those
requirements.
High Performance and Sustainable Building Requirements.--
The Committee notes that in March 2013, the Department of
Defense released Unified Facilities Criteria (UFC) 1-200-02,
High Performance and Sustainable Building Requirements. UFC 1-
200-02 defines the minimum requirements for planning, design
and construction, renovation, repair, maintenance and
operations, and equipment installation in new and existing
facilities. In a policy memorandum issued in November 2013,
military components were authorized to pursue greater energy
and water efficiency if such initiatives are shown to reduce
total ownership cost of the facility, or preserve or increase
mission effectiveness in the face of projected resource
scarcity. The Committee regrets that the Department of Defense
has done little to increase the use of innovative building
materials following the inclusion of similar language in the
report accompanying the Howard P. Buck McKeon National Defense
Authorization Act for Fiscal Year 2015, H.R. 4435. The
Committee recognizes that innovative technologies have expanded
the availability of materials with lower embodied energy for
facilities that require tall walls and large open spaces with
minimal intermediate supports. In addition, design techniques
such as advanced framing contribute to lower material costs,
increased energy efficiency, and reduced waste in facilities.
Therefore, the Committee encourages the Department of Defense
to incorporate the use of innovative renewable building
materials, systems, and design techniques that support the
requirements of UFC 1-200-02 and the goals of achieving greater
efficiency and lower environmental impacts at a lower material
cost. Furthermore, the Committee encourages the Department of
Defense to collaborate with the United States Department of
Agriculture and the United States Forest Service to advance its
understanding of innovative renewable building materials and
systems and jointly develop a plan on expanding their use as
appropriate.
Facilities in excess of mission requirements.--The
Committee is concerned that Department of Defense officials
have stated an estimated 30 percent of Defense facilities are
in excess of mission requirements, a fiscally unsustainable
diversion of scarce resources from readiness. Therefore the
Committee requests, not later than 60 days after enactment of
this Act, the Secretary of Defense is to provide to the
congressional defense committees a report detailing each
department facility with a utilization rate less than 50
percent of available capacity, the number of uniformed
personnel and civilian employees at each of those facilities,
and the annual budget for personnel, as well as operations and
maintenance costs associated with each identified facility.
Finally, the report shall indicate any facility determined to
be 100% in excess of mission requirements.
Pre-Engineered/Prefabricated Buildings.--The Committee
encourages the Department of Defense to expand utilization of
existing GSA Schedule for Pre-Engineered/Prefabricated
Buildings and Structures (PEBS). The Committee urges DOD
contracting personnel and agency executives to consider the
savings in costs and time potentially gained by procuring its
facility needs, when possible and practical, through the GSA
Schedule. The Committee also encourages DOD policy makers and
program managers to streamline the process and eliminate any
unnecessary bureaucratic, regulatory or policy impediments to
such GSA procurement.
Critical Infrastructure.--In a declining military
construction budget climate, the Committee is aware that there
is a need to support DOD's requirements to replace or invest
the aging infrastructure at installations deemed critical by
current Defense Strategic Guidance and Combatant Commander
(COCOM) requirements. Installations deemed critical support
missions in support of our nation's military. For example,
PACOM's realignment to the Pacific region and our reliance on
installations within the area of responsibility to have the
ability to execute their assigned missions will undoubtedly
increase in the future. The Committee urges DOD to ensure that
such installations have the proper investment in infrastructure
that is fully capable of supporting COCOM and services'
requirements in the future.
Department of Defense (DOD) excess facilities capacity.--
DOD is facing long term challenges in maintaining its extensive
portfolio of facilities and reducing unneeded infrastructure.
The Office of the Secretary of Defense (OSD) has made some
improvements, but the military departments' use of their
databases to identify consolidation opportunities is still in
need of improvement. During the fiscal year 2016 Hearing on
Installations, Environment, and BRAC Senior DOD officials
testified that DOD continues to have excess infrastructure and
that an additional BRAC round is necessary to make further
reductions and achieve future cost savings. With BRAC
authorization not under the jurisdiction of this Committee, the
Committee therefore, directs each Services Assistant Secretary
for Installations, Energy and Environment to provide a
strategic plan to manage DOD's excess real property efficiently
and what opportunities there are to consolidate unutilized or
underutilized facilities subsequently reducing operation and
maintenance costs for maintaining those facilities. This report
shall be submitted no later than 90 days after enactment of
this Act.
Military Construction, Army
Fiscal year 2015 enacted level........................ $528,427,000
Fiscal year 2016 budget request....................... 743,245,000
Committee recommendation in the bill.................. 663,245,000
Comparison with:
Fiscal year 2015 enacted level.................... 134,818,000
Fiscal year 2016 budget request................... (80,000,000)
The Committee recommendation includes a rescission of
$96,000,000 from bid savings under Administrative Provisions.
Military Construction, Navy and Marine Corps
Fiscal year 2015 enacted level........................ $1,018,772,000
Fiscal year 2016 budget request....................... 1,669,239,000
Committee recommendation in the bill.................. 1,349,678,000
Comparison with:
Fiscal year 2015 enacted level.................... 330,906,000
Fiscal year 2016 budget request................... (319,561,000)
The Committee recommendation includes a new title IV,
Overseas Contingency Operations which includes $244,004,000 of
``Military Construction, Navy and Marine Corps'' projects that
were requested in title I for which funding is provided in
title IV.
Live-Fire Training Range Complex (NW Field).--The Committee
fully supports and applauds the efforts of the Marine Corps to
establish the appropriate training ranges on Guam in support of
the movement of Marines from Okinawa. The budget request for
the live-fire training range is $125,677,000. The Committee is
concerned that the projected cost of the live-fire training
range itself is $32,310,000 while the supporting facilities
cost is $76,500,000, or double of the cost of the actual range.
The Committee therefore has reduced project P715 by $25,000,000
and directs the Secretary of the Navy to certify in writing to
the congressional defense committees 60 days after enactment of
this Act that the supporting facilities costs of any future
training ranges for the Marine Corps will not exceed the actual
cost of the range itself.
Shipboard and Base Lighting Systems.--The Committee
commends the Navy for its increasing use of tubular light-
emitting diode (T-LED) lighting and encourages it to continue
these activities. The Committee directs the Navy to consider
updating lighting specifications for ships and bases so T-LED
use is an option, developing an approved products list for T-
LEDs that is broadly available for use in all vessels, as well
as bases, using total lifecycle costs to determine the value of
T-LEDs, and making the installation of T-LEDs in vessels a
priority when appropriate, such as during ship retrofits and
new builds. T-LED usage on bases would help the Navy in
reaching the goals it has set forth in its Shore Energy Program
which seeks to reduce shore energy intensity by 30% (energy
consumption per square foot) by 2015 and by 50% in 2020.
Military Construction, Air Force
Fiscal year 2015 enacted level........................ $811,774,000
Fiscal year 2016 budget request....................... 1,389,185,000
Committee recommendation in the bill.................. 1,237,055,000
Comparison with:
Fiscal year 2015 enacted level.................... 425,281,000
Fiscal year 2016 budget request................... (152,130,000)
The Committee recommendation includes a rescission of
$52,600,000 from bid savings under Administrative Provisions.
The bid savings are available based on the first quarter bid
savings and unobligated balances update from DOD in which the
Air Force listed two projects as ``known bills'' but also
requested funding for the projects in the fiscal year 2016
President's budget submission. Therefore, the Committee has
provided funding for Guardian Angel Operations Facility and Low
Observation/Corrosion Control/Composite Repair Shop within
Military Construction, Air Force within its appropriations
therefore making the funds available for rescission.
The Committee recommendation includes a new title IV,
Overseas Contingency Operations which includes $75,000,000 of
``Military Construction, Air Force'' projects that were
requested in title I for which funding is provided in title IV.
Long Range Strike Bomber.--The Committee is concerned about
the procurement of the new Long Range Strike Bomber. The fiscal
year 2016 budget submission included funding for the Long Range
Strike Bomber Hangar and supporting facilities. The Committee
believes that the fiscal year 2016 request is early to need
since a decision on the type of aircraft will not occur until
June 2015; therefore the recommendation reduces ``Military
Construction, Air Force'' by $77,130,000.
Space launch infrastructure.--The Committee recognizes the
national importance of having a safe, secure, reliable, and
modern space launch range infrastructure to support the
national security space mission. The Committee is aware that
there are a number of aging facilities, with structural and
technological deficiencies, that are indispensable hubs for
commands, telemetry, and radar support for U.S. space launch
capabilities as well as warfighters down-range. The Committee
is concerned that the current condition of the aging
facilities, such as the Range Communications Facility at Cape
Canaveral Air Force Station, which is the Air Force Space
Command's number one current mission MILCON project for fiscal
years 2013-2017 and the impact such conditions may have on the
ability of U.S. Air Force Space Command to meet its mission and
operational requirements until such facilities are
recapitalized. The Committee urges the Air Force to prioritize
resources and future requests to Congress, as appropriate, to
ensure that U.S. space launch range capabilities are in safe,
secure, and reliable condition.
Air Traffic Control Towers.--The Committee is concerned
that the Department of the Air Force's Air Traffic Control
Towers have been neglected over the years and funding for
military construction has been deferred to the out years of
budget submissions. Many of the air towers are deteriorating
and antiquated, creating significant life, safety, and health
concerns. In some cases, towers have developed extensive mold
issues and contain health risks related to the use of asbestos
and lead-based paint. Additionally, obstructed views in some
cases prevent 100% positive visual control of aircraft landing
and taxiing on the airfield. Given the safety issues, the
Committee urges the Department of the Air Force to prioritize
funding for these towers in a much timelier manner. The
Committee believes that these towers are valuable national
security assets that the Department of the Air Force should
maintain in a manner that will ensure their vital role in
protecting U.S. national security interests.
Construction of airfield and base camp.--Funds requested
for the construction of airfield infrastructure to enable
beddown of aircraft to support operations by AFRICOM for the
purpose of conducting intelligence gathering on extremist
groups in the Sahel Region represents an expansion of the U.S.
military footprint on the African continent. The Committee
requests quarterly notifications until the facility is
operational on the status of construction of infrastructure
elements, number of U.S. uniformed, civilian, and contracted
personnel on site, and timeline for completion of construction.
Military Construction, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2015 enacted level........................ $1,991,690,000
Fiscal year 2016 budget request....................... 2,300,767,000
Committee recommendation in the bill.................. 1,931,456,000
Comparison with:
Fiscal year 2015 enacted level.................... (60,234,000)
Fiscal year 2016 budget request................... (369,311,000)
The Committee recommendation includes a rescission of
$134,000,000 from bid savings under Administrative Provisions.
The Committee recommendation includes a new title IV,
Overseas Contingency Operations which includes $212,996,000 of
``Military Construction, Defense-Wide'' projects that were
requested in title I for which funding is provided in title IV.
Transfer of funds.--The accompanying bill provides transfer
authority to the Secretary of Defense to allow the transfer of
funds to such appropriations of the Department of Defense
available for military construction or family housing as the
Secretary may designate.
DODEA school construction.--The Committee fully supports
the fiscal year 2016 request for the construction of ten
schools in the United States and overseas. The Committee
however, is concerned that the changes that are occurring
across the Department of Defense associated with force
structure reductions may impact whether funding is needed at an
installation or if it is determined not to be an enduring
installation. The Committee therefore directs the Director of
the Department of Defense Education Activity (DODEA) to report
on the status of DODEA funding and provide by location any
funding that has been placed on hold for any reason to the
congressional defense committees 90 days after enactment of
this Act.
Behavioral Health/Dental Clinic Add, Project 80412.--The
Committee fully supports the two clinic additions contained in
this request. However, the Committee is concerned about the
parking plan for this project as requested in the budget
submission. The fiscal year 2016 budget submission includes
$16,275,000 for one-third of the required parking for this two-
phased project with no definitive plan for the additional
parking requirements. Therefore, the Committee includes a
reduction of $16,275,000. Parking at Schofield Barracks writ
large is at a premium and with phase II of this project not
being requested until fiscal year 2018, the Committee is
concerned that there is not a clear path forward and directs
the Director of the Office of the Assistant Secretary of
Defense for Health Affairs to provide to the Committee a full
parking master plan for project 80412 no later than 90 days
after enactment of this Act.
Special Operations Command resiliency and human performance
centers.--The Committee's recommendation does not include
funding for the Human Performance Center at Pendleton and the
embedded facility at Fort Bragg. The Committee is concerned
that these facilities are redundant in nature to existing
medical facilities, clinics and gymnasiums located at the
installations.
SOCOM POTFF military construction requirements.--The
Committee remains concerned about the lack of transparency in
SOCOM's process of evaluating the military construction
requirements for POTFF facilities overall, including the out-
years. The Committee is further concerned about the lack of
response from the Command on prior fiscal year reporting
requirements that were both in enacted law and required in the
accompanying reports. Therefore, the Committee directs the
SOCOM Commander to report to the congressional defense
committees no later than 90 days after enactment of this Act on
the following:
1. The population to be supported to include a
breakout of combat operators, combat support operators,
combat non-operators and combat service support to
include a priority for Service SOF component and
USSOCOM.
2. Identify all POTFF physical training requirements
and facility square footage by labor category, function
and equipment, including outdoor space if needed.
3. What is the current status of all facilities or
facility groups by location and installation; the
degree to which POTFF requirements are being met; the
way ahead if requirements are not being met; and what
existing MWR athletic facilities can provide, or not
provide to meet POTFF physical performance and embedded
staffing requirement.
4. What is the preferred support concept by
installation, and unit or regional unit group.
5. Specify the priority of all requested POTFF
facility military construction requirements with
respect to all SOCOM military priorities to include
unfunded requirements.
Concord Naval Weapons Station.--The Committee is pleased by
the progress made by the Navy to transfer land at the Concord
Naval Weapons Station Inland Area closed under the 2005 Base
Realignment and Closure (BRAC) Authority. The Committee
encourages the Navy to continue to work with the United States
Fish and Wildlife Services to complete an Environmental Impact
Statement as quickly as possible.
Guard and Reserve Item of Interest
Enforcement of Border Security.--Recognizing the need to
bolster resources for the enforcement of border security, the
Committee instructs the Army National Guard and the Air
National Guard to explore public-private partnerships with
state and local governments, to design, and construct
facilities adjacent to our southwestern border that will
support National Guard activities and house and support assets
used by Customs and Border Protection and other law enforcement
agencies for the terrestrial, maritime, and aerial surveillance
of those borders, to include aircraft hangars suitable for
unmanned aerial systems and report back to the Committee 180
days after the enactment of the this Act.
Military Construction, Army National Guard
Fiscal year 2015 enacted level........................ $128,920,000
Fiscal year 2016 budget request....................... 197,237,000
Committee recommendation in the bill.................. 167,437,000
Comparison with:
Fiscal year 2015 enacted level.................... 38,517,000
Fiscal year 2016 budget request................... (29,800,000)
Military Construction, Air National Guard
Fiscal year 2015 enacted level........................ $92,663,000
Fiscal year 2016 budget request....................... 138,738,000
Committee recommendation in the bill.................. 138,738,000
Comparison with:
Fiscal year 2015 enacted level.................... 46,075,000
Fiscal year 2016 budget request................... - - -
Military Construction, Army Reserve
Fiscal year 2015 enacted level........................ $103,946,000
Fiscal year 2016 budget request....................... 113,595,000
Committee recommendation in the bill.................. 104,295,000
Comparison with:
Fiscal year 2015 enacted level.................... 349,000
Fiscal year 2016 budget request................... (9,300,000)
Military Construction, Navy Reserve
Fiscal year 2015 enacted level........................ $51,528,000
Fiscal year 2016 budget request....................... 36,078,000
Committee recommendation in the bill.................. 36,078,000
Comparison with:
Fiscal year 2015 enacted level.................... (15,450,000)
Fiscal year 2016 budget request................... - - -
Military Construction, Air Force Reserve
Fiscal year 2015 enacted level........................ $49,492,000
Fiscal year 2016 budget request....................... 65,021,000
Committee recommendation in the bill.................. 65,021,000
Comparison with:
Fiscal year 2015 enacted level.................... 15,529,000
Fiscal year 2016 budget request................... - - -
North Atlantic Treaty Organization Security Investment Program
Fiscal year 2015 enacted level........................ $199,700,000
Fiscal year 2016 budget request....................... 120,000,000
Committee recommendation in the bill.................. 150,000,000
Comparison with:
Fiscal year 2015 enacted level.................... (-49,700,000)
Fiscal year 2016 budget request................... 30,000,000
The North Atlantic Treaty Organization Security Investment
Program (NSIP) consists of annual contributions by NATO member
countries. The program finances the costs of construction
needed to support the roles of the major NATO commands. The
investments cover facilities such as airfields, fuel pipelines
and storage, harbors, communications and information systems,
radar and navigational aids, and military headquarters, both
within NATO nations and for ``out of area'' operations such as
Afghanistan.
The U.S. occasionally has been forced to temporarily delay
the authorization of projects due to shortfalls in U.S.
obligation authority. The Committee directs the Secretary of
Defense to notify the Committee within 14 days of the U.S.
taking action to temporarily delay the authorization of
projects, or to temporarily withhold funds from previously
authorized projects, due to shortfalls in U.S. obligation
authority.
Finally, the bill provides an additional $30,000,000 for
NSIP to support fixed and mobile infrastructure necessary for
NATO wartime, crisis, peace support and deterrence operations
and NATO-unique training requirements as prioritized by the
NATO Strategic Commanders. The additional funds will support
responses to the challenges posed by Russia and to the risks
and threats emanating from the Middle East and North Africa.
Family Housing Overview
Fiscal year 2015 enacted level........................ $1,190,535,000
Fiscal year 2016 budget request....................... 1,413,181,000
Committee recommendation in the bill.................. 1,413,181,000
Comparison with:
Fiscal year 2015 enacted level.................... 222,646,000
Fiscal year 2016 budget request................... - - -
Family housing construction accounts provide funds for new
construction, construction improvements, the Federal government
costs for family housing privatization projects, and planning
and design. The operation and maintenance accounts provide
funds to pay for maintenance and repair, furnishings,
management, services, utilities, leasing, interest, mortgage
insurance, and miscellaneous expenses.
Family housing privatization progress reports.--The
Committee directs the Department of Defense to continue
submitting semi-annual progress reports on the family housing
privatization program, including a breakout of military tenant
satisfaction rates by project.
Foreign currency savings and sub-account transfers.--The
Committee directs that savings in family housing operation and
maintenance accounts from foreign currency re-estimates be used
to maintain and repair existing family housing units. The
Comptroller is directed to report to the Committees on
Appropriations of both Houses of Congress on how these savings
are allocated 90 days after enactment of this Act. In addition,
the Committee directs the services and Defense agencies to
notify the Committees on Appropriations of both Houses of
Congress within 30 days of a transfer of funds between sub-
accounts within the family housing construction and family
housing operation and maintenance accounts, if such transfer is
in excess of 10 percent of the funds appropriated to the sub-
account to which the funds are being transferred. Notifications
to the Committees shall indicate the sub-accounts and amounts
that are being used to source the transfer.
Leasing reporting requirements.--The Secretary of Defense
is directed to report to the Committees on Appropriations of
both Houses of Congress quarterly on the details of all new or
renewed domestic leases entered into during the previous
quarter that exceed the cost threshold set by 10 U.S.C.
2828(b)(2), including certification that less expensive housing
was not available for lease. For foreign leases, the Department
is directed to: (1) perform an economic analysis on all new
leases or lease/contract agreements where more than 25 units
are involved; (2) report the details of new or renewed lease
agreements that exceed the cost threshold set by 10 U.S.C.
2828(e)(1) 21 days prior to entering into such an agreement;
and (3) base leasing decisions on the economic analysis.
Camp Humphreys housing.--The Committee is concerned that
the Department of Defense (DOD) has not yet provided the report
on its strategy and associated funding requirements necessary
to provide adequate family housing for service members assigned
to United States Army Garrison (USAG) Humphreys, Korea. The
Committee strongly urges DOD to expeditiously complete and
submit its report to the Committee including the resources DOD
needs to meet the on-base housing requirements and to improve
living conditions for service members and their families in
desperate need of a suitable, long-term housing solution at
USAG Humphreys.
Family Housing Construction, Army
Fiscal year 2015 enacted level........................ $78,609,000
Fiscal year 2016 budget request....................... 99,695,000
Committee recommendation in the bill.................. 99,695,000
Comparison with:
Fiscal year 2015 enacted level.................... 21,086,000
Fiscal year 2016 budget request................... - - -
Family Housing Operation and Maintenance, Army
Fiscal year 2015 enacted level........................ $350,976,000
Fiscal year 2016 budget request....................... 393,511,000
Committee recommendation in the bill.................. 393,511,000
Comparison with:
Fiscal year 2015 enacted level.................... 42,535,000
Fiscal year 2016 budget request................... - - -
Family Housing Construction, Navy and Marine Corps
Fiscal year 2015 enacted level........................ $16,412,000
Fiscal year 2016 budget request....................... 16,541,000
Committee recommendation in the bill.................. 16,541,000
Comparison with:
Fiscal year 2015 enacted level.................... 129,000
Fiscal year 2016 budget request................... - - -
Family Housing Operation and Maintenance, Navy and Marine Corps
Fiscal year 2015 enacted level........................ $354,029,000
Fiscal year 2016 budget request....................... 353,036,000
Committee recommendation in the bill.................. 353,036,000
Comparison with:
Fiscal year 2015 enacted level.................... (993,000)
Fiscal year 2016 budget request................... - - -
Family Housing Construction, Air Force
Fiscal year 2015 enacted level........................ $- - -
Fiscal year 2016 budget request....................... 160,498,000
Committee recommendation in the bill.................. 160,498,000
Comparison with:
Fiscal year 2015 enacted level.................... 160,498,000
Fiscal year 2016 budget request................... - - -
Family Housing Operation and Maintenance, Air Force
Fiscal year 2015 enacted level........................ $327,747,000
Fiscal year 2016 budget request....................... 331,232,000
Committee recommendation in the bill.................. 331,232,000
Comparison with:
Fiscal year 2015 enacted level.................... 3,485,000
Fiscal year 2016 budget request................... - - -
Family Housing Operation and Maintenance, Defense-Wide
Fiscal year 2015 enacted level........................ $61,100,000
Fiscal year 2016 budget request....................... 58,668,000
Committee recommendation in the bill.................. 58,668,000
Comparison with:
Fiscal year 2015 enacted level.................... (2,432,000)
Fiscal year 2016 budget request................... - - -
Department of Defense Family Housing Improvement Fund
Fiscal year 2015 enacted level........................ $1,662,000
Fiscal year 2016 budget request....................... - - -
Committee recommendation in the bill.................. - - -
Comparison with:
Fiscal year 2015 enacted level.................... (1,662,000)
Fiscal year 2016 budget request................... - - -
Chemical Demilitarization Construction, Defense-Wide
Fiscal year 2015 enacted level........................ $38,715,000
Fiscal year 2016 budget request....................... - - -
Committee recommendation in the bill.................. - - -
Comparison with:
Fiscal year 2015 enacted level.................... (38,715,000)
Fiscal year 2015 budget request................... - - -
The Department of Defense Base Closure Account
Fiscal year 2015 enacted level........................ $315,085,000
Fiscal year 2016 budget request....................... 251,334,000
Committee recommendation in the bill.................. 251,334,000
Comparison with:
Fiscal year 2015 enacted level.................... (63,751,000)
Fiscal year 2016 budget request................... - - -
Naval Air Station Joint Reserve Base Willow Grove.--The
Committee understands that the Navy has completed its Final
Environmental Impact Statement (FEIS) for the disposal and
reuse of the former Naval Air Station Joint Reserve Base (NAS
JRB) Willow Grove Horsham, PA. The Committee further
understands that the Navy is in the process of drafting the
Findings of Suitability to Transfer as well as environmental
remediation for site cleanup. The Committee is concerned by the
slow pace of progress in remediating these properties. The
Committee directs the Secretary of Defense to provide a report
to the Committee identifying the remediation requirements as
required by the BRAC process and an estimated timeline for
completion for making NAS JRB Willow Grove suitable for
redevelopment no later than 60 days after enactment of this
Act.
Accountability for BRAC clean up funds.--As the Committee
has previously noted in H. Rept. 112-94, and again in H. Rept.
113-416, the Committee remains concerned regarding the current
pace of Legacy BRAC site clean-up. Consequently, the committee
will ask for and the DOD is instructed to cooperate in and
collaborate on a new GAO study updating the study GAO-07-166 on
environmental cleanup progress.
Infrastructure Inventory and Assessment of Infrastructure
Necessary to Support On-going Defense Activities.--The
Committee is concerned about the Department and the Services'
frequent reference to the need for another full round of base
closures. Though the committee is not endorsing or precluding
another BRAC round, it is interested in more detailed
information that would help lead Congress to make an informed
decision on that question. By no later than December 31, 2015,
the Secretary of Defense is directed to provide the following
infrastructure and military construction information to the
Committee as it might relate to a future BRAC round.
The Secretary of Defense shall provide a comprehensive
inventory of military installations, including those overseas,
for each military department, with specifications of the number
and types of facilities in the active and reserve forces of
each military department.
Using this infrastructure inventory the Secretary of
Defense shall prepare the following:
A description of the infrastructure
necessary to support on-going defense activities.
A discussion of categories of excess
infrastructure and infrastructure capacity, and the
Secretary's targets for the reduction of such excess
capacity.
An assessment of the excess infrastructure
and the value of retaining certain excess
infrastructure to support surge or reversibility
requirements.
An economic analysis of the effect of the
closure or realignment of military installations to
reduce excess infrastructure.
In determining the level of necessary versus excess
infrastructure, the Secretary of Defense shall consider the
following:
The anticipated continuing need for and
availability of military installations outside the
United States and the potential for future prohibitions
or restrictions on the use of such military
installations.
Any efficiencies that may be gained from
joint tenancy by more than one branch of the Armed
Forces at a military installation or the reorganization
or association of two or more military installations as
a single military installation.
On the basis of this infrastructure inventory report and
its descriptions and economic analysis, the Secretary of
Defense shall include a certification regarding whether the
need exists for closure or realignment of military
installations.
As a condition on the certification above, the Secretary
shall include an additional certification that every
recommendation for closure or realignment of military
installations in a round of closures and realignments will
result in annual net savings for each of the military
departments within six years after the initiation of a round of
closures and realignments.
Administrative Provisions
The bill includes 31 provisions of which 26 were in effect
in fiscal year 2015 and 5 are new or revised provisions. The
administrative provisions included in the bill are as follows:
The bill includes section 101 prohibiting the use of funds
for payments under a cost-plus-a-fixed-fee contract for
construction where cost estimates exceed $25,000. An exception
for Alaska is provided.
The bill includes section 102 permitting the use of
construction funds for the hire of passenger motor vehicles.
The bill includes section 103 permitting funds to be
expended on the construction of defense access roads under
certain circumstances.
The bill includes section 104 prohibiting construction of
new bases in the United States without a specific
appropriation.
The bill includes section 105 limiting the use of funds for
the purchase of land or land easements that exceed 100 percent
of value except under certain conditions.
The bill includes section 106 prohibiting the use of funds
to acquire land, prepare sites, or install utilities for family
housing except housing for which funds have been appropriated.
The bill includes section 107 limiting the use of minor
construction funds to relocate any activity from one
installation to another without prior notification.
The bill includes section 108 prohibiting the procurement
of steel unless American producers, fabricators, and
manufacturers have been allowed to compete.
The bill includes section 109 prohibiting the use of funds
to pay real property taxes in foreign nations.
The bill includes section 110 prohibiting the use of funds
to initiate a new installation overseas without prior
notification.
The bill includes section 111 establishing a preference for
United States architectural and engineering services where the
services are in Japan, NATO member countries, or countries
bordering the Arabian Sea.
The bill includes section 112 establishing a preference for
United States contractors for military construction in the
United States territories and possessions in the Pacific and on
Kwajalein Atoll, or countries within the Central Command area
of responsibility, except bids by Marshallese contractors for
military construction on Kwajalein Atoll.
The bill includes section 113 requiring the Secretary of
Defense to give prior notice to Congress of military exercises
where construction costs exceed $100,000.
The bill includes section 114 allowing funds appropriated
in prior years to be used for new projects authorized during
the current session of Congress.
The bill includes section 115 allowing the use of expired
or lapsed funds to pay the cost of supervision for any project
being completed with lapsed funds.
The bill includes section 116 providing that funds for
military construction projects are available until the end of
the fourth fiscal year following the fiscal year in which funds
are appropriated, subject to certain conditions.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 117 allowing for the transfer of
funds from Family Housing Construction accounts to the
Department of Defense Family Housing Improvement Fund and funds
from Military Construction accounts to the Department of
Defense Military Unaccompanied Housing Improvement Fund.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 118, as amended, providing
transfer authority to the Homeowners Assistance Program.
The bill includes section 119, as amended, requiring that
funds in this title be the sole source of all operation and
maintenance for flag and general officer quarter houses, and
limits the repair on these quarters to $15,000 per year without
notification.
The bill includes section 120 making funds in the Ford
Island Improvement Fund available until expended.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 121 allowing the transfer of
expired funds to the ``Foreign Currency Fluctuations,
Construction, Defense'' account.
The bill includes section 122 prohibiting the use of funds
to relocate a unit of the Army that would impact more than 200
personnel.
The bill includes section 123 allowing the transfer of
funds among projects and activities in accordance with the
reprogramming guidelines.
The bill includes section 124 prohibiting the use of funds
for projects at Arlington National Cemetery.
(INCLUDING RESCISSION OF FUNDS)
The bill includes section 125 rescinding funds from prior
appropriations Acts.
(INCLUDING RESCISSION OF FUNDS)
The bill includes section 126 rescinding funds from prior
appropriations Acts.
(INCLUDING RESCISSION OF FUNDS)
The bill includes section 127 rescinding funds from prior
appropriations Acts.
(INCLUDING RESCISSION OF FUNDS)
The bill includes section 128 rescinding funds from 10
U.S.C. 3374.
The bill includes section 129 defining the congressional
defense committees.
The bill includes section 130 prohibiting funds to close or
realign Lajes Air Force Base, and prohibits funds to construct
an intelligence facility at a separate location, unless DoD
certifies that Lajes does not meet operations requirements for
certain intelligence activities.
The bill includes section 131 providing additional funding
for Defense Access Roads.
The bill does not include section 121 as requested to
provide authority under a continuing resolution when an
authorization bill has been enacted to obligate funds that have
not been appropriated.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Fiscal year 2015 enacted level\1\................... $159,144,807,000
Fiscal year 2016 budget request\1\.................. 164,649,778,000
Committee recommendation in the bill\1\............. 163,208,416,000
Comparison with:
Fiscal year 2015 enacted level.................. 4,063,609,000
Fiscal year 2016 budget request................. (1,441,362,000)
Fiscal year 2017 advance budget request\1\.......... 167,253,585,000
Fiscal year 2017 Committee recommendation in the 167,253,585,000
bill\1\............................................
The Department of Veterans Affairs (VA) serves
approximately 48,300,000 people or 15 percent of the total
estimated resident population of the U.S. and Puerto Rico:
22,000,000 veterans and 26,300,000 family members of living
veterans or survivors of deceased veterans. To serve adequately
the nation's veterans, VA employs 342,000 people, making it one
of the largest Federal agencies in terms of employment.
---------------------------------------------------------------------------
\1\All funding cited excludes amounts in the Medical Care
Collections Fund.
---------------------------------------------------------------------------
Veterans Benefits Administration (VBA)
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2015 enacted level...................... $79,071,000,000
Fiscal year 2016 budget request..................... 79,124,675,000
Committee recommendation in the bill................ 79,124,675,000
Comparison with:
Fiscal year 2015 enacted level.................. 53,675,000
Fiscal year 2016 budget request................. - - -
Fiscal year 2017 advance budget request............. 87,146,761,000
Fiscal year 2017 Committee recommendation in the 87,146,761,000
bill...............................................
This appropriation will provide funds for service-connected
compensation payments to an estimated 4,701,000 veterans,
survivors, and dependents in 2016. In addition, pension
payments will be funded for 522,000 veterans and their
survivors. The average cost per compensation case for veterans
in 2016 is estimated at $16,182 and pension payments are
projected at $12,600.
For the first time, the bill provides $87,146,761,000 in
fiscal year 2017 advance funding, as authorized in P.L. 113-
235.
The appropriation includes authority to transfer funding
not to exceed $15,562,000 in 2016 and $16,021,000 in 2017 to
the General Operating Expenses, Veterans Benefits
Administration, and Information Technology Systems accounts.
These funds are for the administrative expenses of implementing
cost-saving provisions required by the Omnibus Budget
Reconciliation Act of 1990, P.L. 101-508, the Veterans'
Benefits Act of 1992, P.L. 102-568, and the Veterans' Benefits
Improvements Act of 1994, P.L. 103-446. These cost-saving
provisions include verifying pension income against Internal
Revenue Service (IRS) and Social Security Administration (SSA)
data; establishing a match with the SSA to obtain verification
of Social Security numbers; and applying VA pension cap for
Medicaid-eligible single veterans and surviving spouses alone
in Medicaid-covered nursing homes. The bill also continues to
include language permitting this appropriation to reimburse
such sums as may be earned to the Medical Care Collections Fund
to help defray the operating expenses of individual medical
facilities for nursing home care provided to pensioners.
READJUSTMENT BENEFITS
Fiscal year 2015 enacted level........................ $14,997,136,000
Fiscal year 2016 budget request....................... 15,344,922,000
Committee recommendation in the bill.................. 15,344,922,000
Comparison with:
Fiscal year 2015 enacted level.................... 347,786,000
Fiscal year 2016 budget request................... - - -
Fiscal year 2017 advance budget request............... 16,743,904,000
Fiscal year 2017 Committee recommendation in the bill. 16,743,904,000
This appropriation finances the education and training of
veterans and servicemembers through the Post 9-11 GI Bill and
the All-Volunteer Force Educational Assistance Program.
Supplemental education benefits are also provided to certain
veteran members of the Selected Reserve and are funded through
transfers from the Department of Defense (DOD). In addition,
certain disabled veterans are provided with vocational
rehabilitation, specially adapted housing grants, and grants
for automobiles with approved adaptive equipment. This account
also finances educational assistance allowances for eligible
dependents of veterans who died from service-connected causes
or have a total and permanent service-connected disability, as
well as dependents of servicemembers who were captured or are
missing in action. More than 80 percent of the funds in the
account support the Post 9-11 GI Bill.
For the first time, the bill provides $16,743,904,000 in
fiscal year 2017 advance funding, as authorized in P.L. 113-
235.
VETERANS INSURANCE AND INDEMNITIES
Fiscal year 2015 enacted level........................ $63,257,000
Fiscal year 2016 budget request....................... 77,160,000
Committee recommendation in the bill.................. 77,160,000
Comparison with:
Fiscal year 2015 enacted level.................... 13,903,000
Fiscal year 2016 budget request................... - - -
Fiscal year 2017 advance budget request............... 91,920,000
Fiscal year 2017 Committee recommendation in the bill. 91,920,000
The Veterans Insurance and Indemnities appropriation is
made up of the former appropriations for military and naval
insurance, applicable to World War I veterans; national service
life insurance (NSLI), applicable to certain World War II
veterans; servicemen's indemnities, applicable to Korean
conflict veterans; and veterans mortgage life insurance,
applicable to individuals who have received a grant for
specially adapted housing.
For the first time, the bill provides $91,920,000 in fiscal
year 2017 advance funding, as authorized in P.L. 113-235.
The amount provided will enable the Department to transfer
funding to the service-disabled veterans insurance fund and
transfer additional amounts for payments for policies under the
veterans mortgage life insurance program. These policies are
identified under the Veterans Insurance and Indemnity
appropriation since they provide insurance to service-disabled
veterans unable to qualify under basic NSLI.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
----------------------------------------------------------------------------------------------------------------
Limitation on
direct loans
Program account for specially Administrative
adapted housing expenses
loans
----------------------------------------------------------------------------------------------------------------
Fiscal year 2015 enacted level............................. - - - ($500,000) $160,881,000
Fiscal year 2016 budget request est........................ - - - (500,000) 164,558,000
Committee recommendation est. in the bill.................. - - - (500,000) 164,558,000
Comparison with:
Fiscal year 2015 enacted level......................... - - - - - - 3,677,000
Fiscal year 2016 budget request........................ - - - - - - - - -
----------------------------------------------------------------------------------------------------------------
The purpose of the home loan guaranty program is to
facilitate the extension of mortgage credit on favorable terms
by private lenders to eligible veterans. This appropriation
provides for all costs, with the exception of the Native
American veterans housing loan program, of the Department's
direct and guaranteed loans programs. The Federal Credit Reform
Act of 1990 requires budgetary resources to be available prior
to incurring a direct loan obligation or a loan guaranty
commitment. In addition, the bill requires all administrative
expenses of a direct or guaranteed loan program to be funded
through a program account. Loan guaranties are made to
servicemembers, veterans, reservists, and single surviving
spouses for the purchase of homes, condominiums, and
manufactured homes and for refinancing loans. The Department
guarantees part of the total loan, permitting the purchaser to
obtain a mortgage with a competitive interest rate, even
without a down payment if the lender agrees. The Department
requires that a down payment be made for a manufactured home.
With a Department guaranty, the lender is protected against
loss, up to the amount of the guaranty, if the borrower fails
to repay the loan.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
----------------------------------------------------------------------------------------------------------------
Limitation on Administrative
Program account direct loans expenses
----------------------------------------------------------------------------------------------------------------
Fiscal year 2015 enacted level............................. $10,000 ($2,877,000) $361,000
Fiscal year 2016 budget request............................ 31,000 (2,952,000) 367,000
Committee recommendation in the bill 31,000 (2,952,000) 367,000
Comparison with:
Fiscal year 2015 enacted level......................... 21,000 75,000 6,000
Fiscal year 2016 budget request........................ - - - - - - - - -
----------------------------------------------------------------------------------------------------------------
This appropriation covers the subsidy cost of direct loans
for vocational rehabilitation of eligible veterans and includes
administrative expenses necessary to carry out the direct loan
program. Loans of up to $1,108 (based on indexed chapter 31
subsistence allowance rate) are available to service-connected
disabled veterans enrolled in vocational rehabilitation
programs when the veteran is temporarily in need of additional
assistance. Repayment is made in monthly installments, without
interest, through deductions from future payments of
compensation, pension, subsistence allowance, educational
assistance allowance, or retirement pay. Most loans are repaid
in full in less than one year. The Federal Credit Reform Act of
1990 requires budgetary resources to be available prior to
incurring a direct loan obligation.
It is estimated that the Department will make 3,129 loans
in fiscal year 2016, with an average amount of $943.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM
Administrative expenses:
Fiscal year 2015 enacted level........................ $1,130,000
Fiscal year 2016 budget request....................... 1,134,000
Committee recommendation in the bill.................. 1,134,000
Comparison with:
Fiscal year 2015 enacted level.................... 4,000
Fiscal year 2016 budget request................... - - -
The Native American Veteran Housing Loan Program, as
authorized by title 38 United States Code, chapter 37,
subchapter V, provides the Secretary with authority to make
direct housing loans to Native American veterans for the
purpose of purchasing, constructing, or improving dwellings on
trust lands.
Veterans Health Administration (VHA)
The Department operates the largest Federal medical care
delivery system in the country, with 150 hospitals, 107
domiciliary residential rehabilitation treatment programs, 136
nursing homes, 300 Vet Centers, 80 mobile Vet Centers, and 830
outpatient clinics which include independent, satellite,
community-based, and rural outreach clinics. Approximately
6,895,000 patients will be treated in 2016.
The VHA is comprised of four accounts: Medical Services,
Medical Support and Compliance, Medical Facilities, and Medical
and Prosthetic Research. For the first three accounts, the
Administration has requested total resources for fiscal year
2017 of $63,271,000,000 in direct appropriations to fund the
three advance appropriations of VHA. In addition, VA will
receive an estimated $2,445,000,000 in Medical Care Collections
Fund in fiscal year 2016. The Committee also provides
$606,813,000 for medical and prosthetic research.
MEDICAL SERVICES
Fiscal year 2015 enacted level........................ $45,224,716,000
Fiscal year 2016 enacted level........................ 47,603,202,000
Fiscal year 2016 additional request................... 1,124,197,000
Committee 2016 additional recommendation.............. 969,554,000
Fiscal year 2017 advance budget request............... 51,673,000,000
Committee 2017 recommendation in the bill............. 51,673,000,000
Comparison with:
Fiscal year 2016 enacted level.................... 4,069,798,000
Fiscal year 2017 budget request................... - - -
This appropriation provides for medical services of
eligible veterans and beneficiaries in Department medical
centers, outpatient clinic facilities, contract hospitals,
State homes, and outpatient programs on a fee basis. Hospital
and outpatient care is also provided by the private sector for
certain dependents and survivors of veterans under the civilian
health and medical programs for VA.
The bill includes $969,554,000 of the $1,124,197,000
current year budget request, which is in addition to the
advance appropriation that has already been provided. The
Committee notes that the current year budget request is
unusually large and has worked to provide more than 85 percent
of the request. Within the funds provided, the Committee
expects the resources to be used for unbudgeted costs of
Hepatitis C treatment, higher than anticipated usage of
Caregivers program stipends, and projected utilization of
homelessness programs. With the recent announcement by the
Department of a new interpretation of the 40-mile distance rule
and the Department's prediction that the policy change would
double the number of veterans using the Choice Act option for
their health care, the demands on the traditional VA health
care program will drop and the need for the current year budget
request is likely to decrease.
The Committee has not included requested bill language to
make available through September 30, 2018, $1,400,000,000 of
the Medical Services appropriation for fiscal year 2017,
instead maintaining current policy of providing extended
availability on a current year rather than advance funding
basis.
Funding identified in the bill is in addition to the
anticipated $4,829,807,000 for medical services from the
Veterans Choice Act in fiscal year 2016 or the estimated
$2,831,456,000 from the Act in fiscal year 2017.
Changes in funding requirements due to modeling.--The
Committee expects VA to continue to include in the sufficiency
letter required by section 117(d) of title 38, United States
Code, that is due to the Congress on July 31 of each year, a
description of any changes exceeding $250,000,000 in funding
requirements for the Medical Services account resulting from
the spring recalculation of the Enrollee Healthcare Projection
Model.
Allocation of health funding.--The Committee continues to
be concerned that the process VA uses to allocate the health
services appropriation through the Veterans Integrated Services
Networks (VISNs) and from them to the medical centers may
shortchange the ultimate users because of excessive funding
retained at headquarters or at the VISNs. The Committee
continues to request a report each year no later than thirty
days after VA allocates the medical services appropriation to
the VISNs that identifies: (1) the amount of general purpose
funding that is allocated to each VISN; (2) the amount of
funding that is retained by central headquarters for specific
purposes, with amounts identified for each purpose; and (3) the
amount of funding that is retained by each VISN before
allocating it to the medical centers, identifying separately
the amounts retained for purposes such as network operations,
network initiatives, and emergencies.
Homeless assistance
The Committee provides the full fiscal year 2017 budget
request of $1,393,000,000 for VA homeless assistance programs,
in addition to $5,496,909,000 for homeless veterans treatment
costs. These programs include the Homeless Providers Grant and
Per Diem, the Domiciliary Care for Homeless Veterans, the
Supportive Services for Low Income Veterans and Families, and
the Department of Housing and Urban Development--Department of
Veterans Affairs Supported Housing (HUD-VASH) programs.
Female homeless veterans.--The Committee remains committed
to helping homeless veterans and commends VA for its efforts in
reducing homelessness among the veteran population. However,
the Committee is concerned about VA's efforts to reduce
homelessness among female veterans and female veterans with
minor children. To that end, the Committee directs VA to
compile statistics on the number of homeless female veterans
and the number of female Veterans with minor children. This
report should detail what actions VA is taking to deal with
this particular population and what transition services are
being utilized. This report shall be submitted to the Committee
within 120 days of enactment of this Act.
HUD-VASH program.--The Committee recognizes the important
contributions the HUD-VASH program has made in reducing the
number of homeless veterans and commends VA for implementing a
case management system that keeps veterans housed longer by
providing the supportive care many of them require. The
Committee encourages VA to more creatively and collaboratively
work with local social service agencies to ensure that HUD-VASH
voucher recipients are receiving the most comprehensive
services available to them. Many jurisdictions around the
country are implementing their own coordinated care initiatives
alongside public housing programs, and in the interest of
maximizing public investment and providing the best, most
comprehensive care available, VA should seek to partner with
local and State governments when possible and in the best
interest of veterans.
Mental health issues
The Committee provides the full fiscal year 2017 budget
request of $7,715,357,000 for mental health programs. Of the
amounts provided for mental health programs in fiscal year
2016, $143,680,000 shall be used for suicide prevention
outreach. In fiscal year 2017, the Committee expects
$159,246,000 to be used for this purpose. The Department is
directed to provide a report to the Committee no later than 30
days after enactment of this Act identifying a detailed
expenditure plan for all suicide prevention outreach programs.
Public-private partnership.--The Committee is concerned by
the alarming number of suicides committed by veterans each day.
While the Committee appreciates the important work being done
by the Department to combat suicide and improve mental health
among veterans, more can and must be done. The Committee
recommends the Department actively seek out public-private
partnerships, in particular with research universities,
teaching hospitals, and other partners, to expand upon its
existing efforts related to suicide prevention, post-traumatic
stress disorder (PTSD), traumatic brain injury (TBI), and
substance use disorders. The Secretary shall report to the
Committee within 60 days of enactment of this Act on the status
of creating public-private partnerships related to suicide
prevention, PTSD, TBI, and substance use disorders.
Mental health provider training.--The Committee is
concerned about the impact of VA's accreditation process which
excludes marriage and family therapists (MFTs) graduating from
regionally accredited schools from employment at VA. This
limitation causes unnecessary vacancies in mental health
provider positions within the VHA system at a time when these
services are in critical need. Therefore, the Committee urges
VHA to develop a pilot program focusing on hiring MFTs who (1)
hold at least a master's degree in marriage and family therapy,
or a related field, from a regionally accredited program; (2)
are licensed as a MFT in a U.S. jurisdiction and possess the
highest level of licensure offered by the State in which they
are licensed; and (3) have passed the Association of Marital
and Family Therapy Regulatory Board Examination in Marital and
Family Therapy.
Clinical psychology training.--The Committee understands
that VHA is in the process of modifying its regulations to
permit the training and employment of psychologists who are
graduates of the Psychological Clinical Science Accreditation
System (PCSAS), which now accredits 25 university-based Ph.D.
clinical psychology programs. The Committee urges VHA to
complete this regulatory process to help increase the number of
mental health clinicians available to the VA health care
system.
Clay Hunt SAV Act.--The Committee encourages VA to
implement the community-oriented veteran peer support network
pilot program established by the Clay Hunt SAV Act. The pilot
program requires no less than five (VISNs) that have a large
population of veterans to include in their pilot: a community-
oriented veteran peer support network carried out in
partnership with an entity that has experience in peer support
programs, and a community outreach team for each medical center
in each selected VISN. The Committee requests a report on these
efforts no later than 60 days of enactment of this Act.
Law enforcement partnerships.--The Committee recommends
that VA initiate a pilot program that would offer targeted
training to local law enforcement officials in effective
methods to assist veterans who are considered an immediate
threat to themselves and others. The Committee also directs VA
to implement a program that would designate a VA liaison to
work with local law enforcement to ensure that the subsequent
needs of these veterans are immediately addressed.
Relationships with outside voluntary organizations.--The
Committee urges VA to establish and bolster existing
relationships with Veterans Service Organizations (VSOs) that
are working closely with veterans suffering mental health
issues. In particular, the Committee encourages VA to partner
with organizations that work with both male and female
survivors of sexual assault.
Magnetic resonance therapy pilot study.--The Committee
understands that outside studies indicate that magnetic
resonance therapy (MRT) has successfully treated veterans with
PTSD and TBI. The Committee understands that VA is currently
conducting a large multi-site trial of MRT for the treatment of
depression, and encourages VA to use this study to review the
effectiveness of MRT on PTSD since the study includes veterans
with PTSD as well as depression.
Insomnia.--Insomnia is a common health issue that veterans
face and is associated with PTSD. The Committee understands
that new technologies using cognitive behavioral therapy (CBT)
have produced promising results in the treatment of insomnia in
recent clinical trials. The Committee requests VA to report to
the Committee within 60 days of enactment of this Act about
whether it uses internet-delivered CBT to treat insomnia, and
if not, whether it would be appropriate to conduct a study on
the use of this technology.
Access issues
Veterans Choice Program.--The Committee appreciates VA's
expedited processing of regulations to implement the Veterans
Access, Choice, and Accountability Act of 2014, P.L. 113-146,
and the establishment of the Veterans Choice Program, which
provides a new non-VA care option for eligible veterans.
Further, the Committee welcomed the recent decision by VA to
expand the eligibility criteria for the Veterans Choice Program
by changing the calculation used to determine the distance
between a veteran's residence and the nearest VA medical
facility from a straight line distance to driving distance. The
Committee encourages VA to continue exploring options to open
the aperture for the Veterans Choice Program so that more
veterans can utilize non-VA care options. Specifically, the
Committee requests the Department to consider including travel
time and total distance to a VA medical facility that can
address the veteran's specific healthcare needs when
determining eligibility for the Veterans Choice Program.
Patient-Centered Community Care Program (PC3).--The
Committee believes that the PC3 initiative can provide an
effective method for improving convenience of care and
decreasing costs when patients require services not readily
available at local VA medical centers. However, the Committee
is concerned that PC3 has been bypassed as a possible source of
non-VA care, as most VA attention has focused on non-VA care
being provided through the Choice program. A concerted effort
is needed to educate veterans and to fully train VA medical
center staff, including clinicians, non-VA care staff, and
appointment schedulers on PC3. The Committee urges a single,
clear set of guidance for all medical centers to follow,
including mandatory use of the hierarchy of care provided in
non-VA settings in the following order: other federal
facilities, if available; affiliates; PC3; and finally direct
agreements, but only if they offer services that PC3 agreements
do not. Many medical centers are still sending most of their
non-VA care out through local agreements or individual
authorizations, instead of using PC3. In most of those cases,
the standards and requirements are much different--no
credentialing; often no requirement for return of medical
documentation, and if they do require medical documentation, no
timeliness standard. In many of these cases VA is paying rates
higher than PC3 and, in many cases, more than Medicare. When
PC3 began, the intent was for medical centers to be required to
use PC3 before local agreements or individual authorizations.
Because of the low utilization of the PC3 program, the
Committee has continuing concern over VA's ability to
effectively manage the cost of non-VA care. To better
understand the fiscal impact of continued reliance on local
contracts and fee basis authorizations, the Committee requests
a report within 60 days of enactment of this Act outlining the
general rate structure associated with health care claims for
PC3, local contracts, and fee basis authorizations, as well as
the usage of PC3 in fiscal year 2015.
PC3 data reporting.--The Committee understands that the
initial usage data VA has collected on the PC3 program
indicates some disappointing results. In calendar year 2014,
PC3 authorizations for PC3 care totaled 193,000, while non-PC3
contract care authorizations were more than 2,400,000. Several
medical centers had no PC3 care authorizations at all. In
addition, more than 30 percent of the PC3 authorizations were
returned to VA without care being provided. The reasons for
return are not clear--whether the contractor was not able to
provide a physician or the veteran declined the offered
provider. The Committee urges VA to strengthen its data
collection efforts so that Congress and the agency will have
information to judge how the PC3 program is working and what
changes may need to be made, both in VA headquarters policy and
in contractor capacity, to make PC3 a viable source of non-VA
care. In addition, the Committee urges VA to develop a publicly
available reporting system comparable to the VBA Monday Morning
Workload reports that displays program outcome data on a VISN-
or medical center-specific basis.
Specialty care provider shortages.--The Committee is
concerned that, in some areas, veterans are being sent to
specialists at other VA facilities that are long distances from
their home, despite the presence of the PC3 and Choice programs
and the availability of local non-VA specialty providers. The
Committee requests a report not later than 60 days after
enactment of this Act describing the hierarchy of type of
provider that VA uses and any fiscal, programmatic or other
factors that influence the type of provider the veteran is
directed to use by the local VISN and medical center.
Care through multi-specialty clinics.--The Committee
remains concerned about VA's ability to provide high quality,
reliable, accessible, timely and efficient health care to
veterans in rural States. The Committee strongly encourages VA
to pursue multi-specialty clinics (MSC), giving special
consideration to future MSCs that have the possibility of
partnering with private medical institutions or medical
teaching facilities. These partnerships could provide benefits
to current and future veteran patients by significantly
increasing the services delivered to veterans. Furthermore,
these affiliations can significantly enhance VHA research and
education missions. The Committee requests a report within 60
days of enactment of this Act identifying whether VA presently
operates any multi-specialty clinics and any future plans to
establish such clinics.
Office of Rural Health.--The Committee provides the full
fiscal year 2017 budget request of $250,000,000 to improve
access and quality of care for the more than 3,000,000 veterans
residing in rural and highly rural areas. The Committee directs
the Office of Rural Health to submit to the Committee within 30
days of enactment of this Act an operating plan for this
funding, as well as any changes to that operating plan at the
start of the fiscal year for which the funds are provided.
Rural transportation.--The Committee encourages VA to
propose authorizing legislation to permit including
considerations of a veteran's distance from a VA facility as a
criterion in addition to the number of veterans in a given area
in implementing recent statutory changes providing
transportation grants to veterans service agencies and VSOs.
Mobile health technologies.--The Committee is encouraged by
VA's utilization of mobile, interim and fixed-site medical
solutions that can reach veterans in both urban and rural
areas. The Committee encourages VA to consider incorporating
leasing options for mobile and telemedicine enabling solutions
to support hard-to-reach veteran populations and to offset the
burden on large VA facilities with long wait times.
Impact of personnel shortages.--The Committee is concerned
about the negative effects that personnel shortages and
recruitment issues at some VA medical facilities are having on
patient care. The VA's inability to hire and maintain required
staffing have led to delays in opening certain treatment
centers at clinics, which has in turn forced veterans to go
long distances to receive care they could be getting locally.
To address the inefficiencies and wasted resources associated
with staff shortages, the Committee urges VA to promptly
address hiring and recruitment issues to ensure that funds are
used more effectively. The Committee expects VA to report
within 60 days of enactment of this Act whether it collects
periodic data on the reasons that providers choose to leave the
VA system, and to establish such a data collection if it does
not currently exist. The Committee expects that the report will
also describe how VA plans to address and mitigate the
principal reasons providers leave. The Committee requests an
update every six months on the number of medical staff who have
left the VA system and a summary of the principal reasons
explaining their departure.
Other health issues
Prescription drug abuse.--The Committee is pleased with the
VA Opioid Safety Initiative and the results it is producing in
reducing the dependence of veterans on prescription opioids.
The Committee notes the development of the Opioid Safety
Initiative Toolkit as a useful tool to disseminate across the
VA medical system national taskforce findings on issues such as
drug dosages, interactions and adverse events; pain management
strategies; and patient counseling. The Committee notes,
however, that the opioid prescription abuses discovered at the
Tomah, Wisconsin VA hospital indicate that work remains to be
done within VA to ensure that physicians are not ignoring
guidance on appropriate opioid prescribing practices. The
Committee urges VA to increase its efforts in opioid
prescription control and directs VA to submit a report no later
than 90 days after enactment of this Act on VA's ongoing
reviews of prescription practices in specific VISNs.
Hepatitis C virus.--The Committee supports VA's efforts to
control Hepatitis C in the veteran population and understands
that VA is allocating substantial resources to provide the
newly improved Hepatitis C drugs to veterans. The Committee
requests a report 90 days after enactment of this Act detailing
the number of veterans currently in the VA medical system who
have Hepatitis C and are eligible to receive the new
medications, the number of veterans currently receiving the new
medications, the length of time this cohort will be taking the
drug before being cured of the infection, and future year
projections for VA hepatitis C caseload and treatment cost.
Locum tenens physicians.--The Committee recognizes that VA
facilities across the nation often rely upon assistance from
temporarily assigned locum tenens physicians. Further, the
Committee understands that VA locum tenens professionals enable
a flexible staffing structure among VA facilities, responsive
to the changing demands of the VA patient population, and that
VA's locum tenens system, in which a physician with a current
license in at least one state may work in any VA facility, has
been a normal and necessary staffing practice of VA for
decades. The Committee understands the importance of locum
tenens professionals within VA and urges VA and the Drug
Enforcement Administration to resolve regulatory issues
concerning prescription privileges for VA locum tenens
physicians so that veterans have access to high quality local
VA health care.
Hyperbaric oxygen therapy.--The Committee recognizes that
one of the most important aspects of improving VA is to ensure
that our nation's veterans have access to the treatments they
need in order to stem the unacceptable tide of veteran
suicides. The Committee is aware that some private clinical
studies have demonstrated that hyperbaric oxygen therapy (HBOT)
has provided significant improvement to patients suffering from
PTSD and TBI. The Committee takes note that the Israeli Defense
Forces have recently approved HBOT in treating PTSD and a
variety of other brain conditions for its personnel. The
Committee urges the Secretary to take steps to approve HBOT as
a treatment option if the Secretary determines that such an
approval would benefit veterans with PTSD and TBI.
Medical school affiliations with VA health care
facilities.--The Committee continues to prioritize
collaboration between VA and medical schools. The Committee
acknowledges the improved collaboration, particularly with
smaller community-based sites. However, the Committee continues
to be concerned by the lack of historically black colleges and
universities (HBCUs) and Hispanic Serving Institutions (HSIs)
medical school participation and collaboration with the local
VA hospitals in areas where HBCU and HSI medical schools are
located. The Committee directs the Secretary to provide a
report on VA's plan for expansion of HBCU and HSI medical
school participation with local VA medical facilities. The
report should be submitted to the Committee no later than 90
days after the enactment of this Act.
Pharmacy dispensing process for specialized medicines.--In
circumstances where VA is unable to use commercially packaged
or pre-mixed volumes that can be administered directly to the
patient without further preparation, the Committee encourages
VA to enhance its use of specialized automated pharmacy
workflow systems that manage the entire intravenous and oral
liquid dose preparation and dispensing process. These systems
promote safety, reduce waste, and improve health system
pharmacy productivity.
Nursing handbook.--The Committee understands that the VHA
Nursing Handbook is currently under review. The Committee
encourages VHA to seek input from internal VA program offices
and external professional stakeholders, prior to possible
regulatory action and submission to the Under Secretary for
Health for final approval. The Committee believes all possible
outreach efforts should be used to communicate the proposed
changes, to gather public comment, and to collaborate with
Congress, stakeholders, VA nursing staff, and external
organizations. Finally, the Committee requests that VHA ensure
that any changes to handbooks within VHA do not conflict with
other handbooks already in place within VHA.
Hepatitis B virus (HBV).--The Committee is aware that HBV,
if left untreated, may lead to advanced liver disease, liver
cancer and the need for liver transplants, placing a greater
financial burden on the veterans health care system. The
Committee is also aware that the rates of viral hepatitis
infections among Vietnam era veterans and the baby boomer birth
cohort is disproportionately high, and the testing rate among
U.S. veterans is very low, with only 15 percent of veterans
having been tested for HBV infection. Among those who tested
positive, just one-quarter have received antiviral treatment.
Therefore, the Committee urges an aggressive and targeted
outreach program, consistent with CDC's viral hepatitis testing
and treatment recommendations, to identify veterans with
Hepatitis B and to facilitate and encourage treatment for those
identified with the disease.
Medical waste.--At the request of Congress, VA has
previously provided information that compared cost estimates
between handling the treatment of infectious medical waste on-
site versus off-site. VA studies indicated that there are cost
savings as well as beneficial environment impacts and utility
savings associated with on-site medical waste treatment. Last
year, VA completed a blanket purchase agreement (BPA) that was
intended to streamline the future purchasing of medical waste
sterilization equipment by VA hospitals. The Committee requests
VA to provide a report no later than 90 days after enactment of
this Act describing what steps VA has taken or intends to take
to use this new BPA to achieve overall cost savings at VA
hospitals through on-site medical waste treatment equipment.
The report should also indicate whether there are certain types
of facilities that are more likely to achieve cost savings than
others from on-site medical waste treatment.
Alternative treatments.--The Committee urges the Department
to more strongly consider proven healthcare industry strategies
that improve the underlying health of the veteran populations
and provide alternative treatment options--strategies such as
individual wellness and prevention programs and non-opiate
complementary therapies. These healthcare strategies have been
widely adopted by private healthcare coverage providers to
improve the health and quality of life of patient populations
while reducing short and long-term costs to healthcare systems.
Wound therapies.--The Committee seeks to ensure that our
veterans have access to the most cutting-edge wound therapies
in the world. As such, the Committee asks VA to report to the
Committee no later than 60 days after enactment of this Act on
the types of alternative therapies for wound treatment that are
available to veterans through the VA system.
Non-healing pressure ulcers.--Veterans with spinal cord
injuries (SCI) often suffer from non-healing, chronic wounds
such as pressure ulcers, which are the second most frequent and
significant complication of SCI. According to a 2011 study
published by the Journal of Spinal Cord Medicine, researchers
found that the use of autologous platelet-rich plasma (PRP)
therapy appeared to stimulate acceleration of wound healing
with SCI. The Committee encourages VA to explore the use of PRP
therapy/treatment for veterans who suffer from chronic wounds.
Exoskeleton technologies.--VA is encouraged to enhance its
use of exoskeleton technology for the rehabilitation of
individuals with weakness or paralysis of the lower limbs, such
as from spinal cord injury, stroke, and TBI, especially those
technologies specifically designed to provide overground
ambulation.
Interactive patient care.--The Committee understands that a
number of VA medical centers have employed an interactive
patient care model to help empower patients and educate them on
the care they receive. This system uses in-room televisions,
iPads or the myHealtheVet patient portal to educate veterans on
services, medications, patient safety and pain management. The
system has been shown to increase patient satisfaction and to
improve quality and safety outcomes. The Committee encourages
the expanded use of interactive patient care in VA medical
centers.
Sleep disorders.--Sleep disturbances are often a warning
sign of many physiological ailments commonly faced by military
veterans. They are strongly linked to PTSD, anxiety, and
depression, which can prohibit military veterans from
readjusting to civilian life. The Committee supports efforts to
improve the health and well-being of military veterans, and
encourages the Department to issue a report to the Committee no
later than 60 days after enactment of this Act detailing the
state of sleep health among military veterans. The report
should indicate current sleep trends among veterans, their
connection with any health concern, and treatments to provide
adequate sleep.
Hospital-acquired infections.--The Committee recognizes
that hospital-acquired infections result in up to $4.5 billion
in additional healthcare expenses annually and that healthcare
workers have the highest rates of exposure and infection.
Healthcare worker and patient safety and infection prevention
are a growing problem in healthcare facilities, as evidenced by
the recent CRE superbug outbreak in hospitals throughout the
United States. The Committee encourages the Department to
incorporate for use by healthcare workers and patients current
commercially available active barrier technologies that have
been proven to be effective in a patient care setting.
Antibiotic resistance.--The Committee recognizes the
importance of antibiotic resistance as a public health priority
and appreciates the work of the Department to implement
antimicrobial stewardship programs per VHA Directive 1031.
Therefore, within the funds provided, the Committee directs VA
to fully carry out these stewardship efforts, and to conduct a
comprehensive assessment of efforts to implement the Directive,
including coordination between facilities and progress in
standardizing stewardship approaches across the Department.
This assessment shall be shared with the Committee no later
than 180 days after enactment of this Act.
Infectious diseases screening.--The Committee applauds VHA
for developing electronic clinical reminders for recommended
HIV/AIDs and viral hepatitis screening and urges VHA to
implement these reminders in all appropriate settings. To
further improve screening rates, the Committee urges VHA to
offer support to VISNs to implement recommended screening,
including innovative strategies like point-of-care testing.
Blast injury treatment.--The nature of the current military
conflict and increasing use of improvised explosive devices has
left some servicemembers with blast injuries that include
spinal cord injury and trauma to the reproductive and urinary
tracts. The Committee is concerned about the care of these
injured servicemembers after they return home, and notes that
there is not parity between the DOD and VA treatment of
servicemembers with these injuries. The Committee directs VA to
provide a report to the Committee that details the scope and
the extent of veterans facing infertility issues due to
military service during Operation Iraqi Freedom (OIF) and
Operation Enduring Freedom (OEF). This report shall be
submitted no later 180 days after enactment of this Act.
Chapel regulations.--The Committee understands that
national guidelines from the VA National Chaplain Service
regarding the display of religious symbols in VA medical center
chapels have resulted in disruptive changes at some VA
facilities with chapels that were constructed decades ago. VA
chapels provide important spiritual and contemplative space for
veterans and their families. As such, the Committee urges the
National Chaplain Service to work with local communities when
issues on display of religious symbols arise to ensure that any
changes are minimally disruptive to the spiritual needs of
veterans.
Religious tolerance.--The Committee notes that there have
been several instances in the past few years where VA staff
have misinterpreted VA guidance that ensures appropriate
sensitivity to different religious faiths. Those cases have
been resolved through court action or mediation. The Committee
requests the VA Inspector General to review VA guidance with
respect to funeral services, chaplain ministries in VA
hospitals, and religious holiday celebrations at VA hospitals
to determine whether current guidance appropriately protects
the religious beliefs of VA employees as well as veterans and
their family members. The IG should submit its findings to the
Committee no later than 180 days after enactment of this Act.
Inpatient rehabilitation programs.--In anticipation of the
findings of the Inspector General report due to the Committee
in August 2015 about VA's actions integrating mental health and
substance abuse inpatient treatment for patients with co-
morbidities, the Secretary is directed to report to the
Committee by April 1, 2016 how the Department is working to
integrate these services and what changes it has made and plans
to make to its inpatient rehabilitation programs.
Air cleaning technology.--The Committee requests VA to
submit a report to the Committee no later than 180 days after
enactment of this Act detailing the rates of readmission to VA
hospitals due to surgically related infections during the past
10 years, VA's current use of air filtration systems in its
facilities' operating rooms, and the potential cost and safety
benefits of utilizing advanced air cleaning technology with an
air change rate of at least 500 times per hour in its operating
rooms.
Poorly performing medical centers.--The Committee remains
concerned that an unacceptable number of VA medical centers
continue to perform far below minimally accepted standards for
wait times and quality of care, and that these problems are
often the result of chronic mismanagement and a failed
organizational culture at the system level. Further, the
Committee believes that, in the most severe cases, the
Department, using its normal operating procedures, has
demonstrated an inability to rapidly correct the systemic
problems that are driving poor performance. The Committee is
concerned that the Secretary lacks the tools necessary to
effectively turn around failing medical centers. The Committee
requests that within 60 days of filing of this report, the
Secretary report to the Committee what crisis management plans,
policies, organizational procedures, legal authorities, and
resources at the Secretary's disposal are being utilized in
this regard, and identify any additional resources or
authorities believed necessary to effectively renew poorly
performing medical centers.
Medical Support and Compliance
Fiscal year 2015 enacted level........................ $5,879,700,000
Fiscal year 2016 enacted level........................ 6,144,000,000
Fiscal year 2016 additional request................... 69,961,000
Committee 2016 additional recommendation.............. - - -
Fiscal year 2017 advance budget request............... 6,524,000,000
Committee 2017 recommendation in the bill............. 6,524,000,000
Comparison with:
Fiscal year 2016 enacted level.................... 380,000,000
Fiscal year 2017 advance budget request........... - - -
The Medical Support and Compliance appropriation funds the
expenses of management and administration of the Department's
health care system, including financial management, public
health and environmental hazard, quality and performance
management, medical inspection, human research oversight,
training programs and continuing education, security, volunteer
operations, and human resources.
The bill does not include the current year budget request
of $69,961,000, which would be in addition to the advance
appropriation that has already been provided. If additional
current funding is required, it can be transferred from Medical
Services under the authority of section 202.
The Committee has not included requested bill language to
make available through September 30, 2018, $100,000,000 of the
Medical Support and Compliance appropriation for fiscal year
2017, instead maintaining current policy of providing extended
availability on a current year rather than advance funding
basis.
Funding identified in the bill is in addition to the
anticipated $201,854,000 for medical support and compliance
from the Veterans Choice Act in fiscal year 2016.
Employee ratios.--The Committee directs the Secretary to
provide an annual report on the ratio of administrator-to-
frontline workers at each VA medical center throughout the
country. This report shall include an assessment of the most
effective ratio as well as an explanation of those facilities
that fall outside of that assessment.
Grow Our Own Initiative (GOO).--House Report 113-416
included language urging VA to create a pilot program to
pipeline veteran medics into positions as physician assistants,
which VA endorsed. However, the Committee is concerned that the
GOO initiative lacks adequate coordination with HBCUs. In its
work to expand the GOO initiative, the Committee directs VA to
collaborate closely with HBCUs to channel a diverse group of
Armed Forces medics and Navy Corpsmen, particularly veteran
medics who already have met the qualifications for health
provider admissions, into physician assistant training
programs. The Committee directs VA to report to the Committee
within 180 days of enactment on the progress of expanding GOO
and its coordination with HBCUs.
Medical Facilities
Fiscal year 2015 enacted level........................ $4,739,000,000
Fiscal year 2016 enacted level........................ 4,915,000,000
Fiscal year 2016 additional request................... 105,132,000
Committee 2016 additional recommendation.............. - - -
Fiscal year 2017 advance budget request............... 5,074,000,000
Committee 2017 recommendation in the bill............. 5,074,000,000
Comparison with:
Fiscal year 2016 enacted level.................... 159,000,000
Fiscal year 2017 advance budget request........... - - -
The Medical Facilities appropriation provides funds for the
operation and maintenance of the VA health care system's
capital infrastructure. Included under this heading are
provisions for costs associated with utilities, engineering,
capital planning, leases, laundry, groundskeeping, garbage,
housekeeping, facility repair, and property disposition and
acquisition.
The bill does not include the current year budget request
of $105,132,000, which would be in addition to the advance
appropriation that has already been provided. If additional
current funding is required, it can be transferred from Medical
Services under the authority of section 202.
The Committee has not included requested bill language to
make available through September 30, 2018, $250,000,000 of the
advance Medical Facilities appropriation for fiscal year 2017,
instead maintaining current policy of providing extended
availability on a current year rather than advance funding
basis.
Funding identified in the bill is in addition to the
anticipated $755,000,000 for medical facilities from the
Veterans Choice Act in fiscal year 2016.
Scope change process.--The Committee requests clarification
regarding the process used by the VA to make scope changes to
planned projects with respect to evaluating costs and benefits.
The Committee is concerned that recent scope changes to the
Rochester, NY Community Based Outpatient Clinic (CBOC) to not
include the Ambulatory Surgery Suite may lead to the eventual
construction of two separate facilities at a substantially
higher cost while inconveniencing local veterans. The Committee
believes that VA must improve its long term planning for
facility construction to avoid costly mistakes and
unnecessarily increasing travel times for patients. The
Committee is concerned that this is another example of VA's
lack of control over design, cost, and ability to deliver
planned projects on time. The Committee requests a report on
the status of the Rochester, NY CBOC no later than 60 days
after enactment of this Act.
Medical and Prosthetic Research
Fiscal year 2015 enacted level........................ $588,922,000
Fiscal year 2016 budget request....................... 621,813,000
Committee recommendation in the bill.................. 621,813,000
Comparison with:
Fiscal year 2015 enacted level.................... 32,891,000
Fiscal year 2016 budget request................... - - -
This appropriation provides for medical, rehabilitative,
and health services research. The bill makes this account
funding available through September 30, 2017. Medical research
is an important aspect of the Department's programs, providing
complete medical and hospital services for veterans. The
prosthetic research program is also essential in the
development and testing of prosthetic, orthopedic, and sensory
aids for the purpose of improving the care and rehabilitation
of eligible disabled veterans, including amputees, paraplegics,
and the blind. The health services research program provides
unique opportunities to improve the effectiveness and
efficiency of the health care delivery system. Budgetary
resources from a number of areas, including appropriations from
the medical care accounts, reimbursements from DOD, grants from
the National Institutes of Health, private proprietary sources,
and voluntary organizations, provide support for the
Department's researchers. Estimated 2016 research resources
beyond the research account are $1,210,000,000.
Advanced prosthetics.--The Committee encourages VA to fund
research at the intersection of bioengineering, neuroscience,
and rehabilitation to support neural interfaces to peripheral
nerves and advanced prosthetics that deliver more functionality
to amputees.
Prosthetics for females.--The Committee feels that a
proportionate amount of prosthetics research should be focused
on prosthetics meant for females. The Committee is disappointed
in reports of VA providers sanding down prosthetics that were
made for men in order to fit female patients, and requests that
VA ensure the availability of prosthetic equipment
proportionate to the amount of female veterans in need.
Service dogs.--The Committee is aware that canine therapy
for treatment of PTSD and TBI symptoms is an emerging
alternative therapy to pharmaceutical treatments. While still
experimental, canine therapy has demonstrated effectiveness in
treating PTSD and other psychological disorders, from
hospitalized psychiatric patients to children with
developmental disorders, patients with substance abuse
problems, and victims of trauma. The Committee notes that
canine therapy is a promising area for further research as a
complementary or alternative treatment for the signature wounds
of the wars in Iraq and Afghanistan. The Committee continues to
encourage VA to expand its research on canine therapy to
validate its therapeutic effectiveness in the treatment of PTSD
and TBI.
Respiratory disease.--The Committee notes studies
documenting an unexpected number of OEF and OIF veterans
exhibiting unexplained respiratory diseases. The Committee
encourages VA to partner with VSOs and concerned medical
organizations to develop a research plan to address these
conditions. Noting the growing burden of chronic obstructive
lung disease and lung cancer among veteran populations, the
Committee also encourages VA to expand its research portfolio
to address these conditions.
Assistive technology.--The Committee encourages VA to
develop a comprehensive user-oriented methodology to assess,
design, build, and test assistive technology with a focus on
tailored solutions rather than a one-size fits all approach to
product development. In this work, the Committee encourages VA
to work with research institutions with a multi-disciplinary
approach that includes rehabilitation specialists, industrial
designers, computer engineers, clinical specialists, and
disability-specific support organizations.
Applied research in emerging technology.--The Committee
recognizes VA medical centers' efforts in implementing
continuum of care concepts focused on quality patient outcomes.
As such, the Committee believes VA medical centers have the
unique ability to serve as a site for rehabilitation and
training supporting integration of wounded veterans into the
community. The Committee encourages VA medical centers to
continue to conduct applied research in emerging prosthetics,
physical performance, biomechanics, sports medicine, and
transcranial direct current stimulation research for patient
populations. The applied research should leverage emerging
technology simulation environments providing the opportunity
for tele-rehabilitation and training.
Colorectal cancer.--Colorectal cancer is treatable if
detected early, yet it is the second leading cause of cancer
death in America. VA has made screening patients for colorectal
cancer a priority. The National Cancer Institute estimates the
annual cost of colorectal cancer will be almost $20 billion by
2020. Medicare and VA will be responsible for much of that
cost. The Committee encourages VA to support additional
research and development in the field, including investigation
of a less costly blood test for colorectal cancer.
Long-term effects of exposure to toxic chemicals.--The
Committee understands that wounds from exposure to toxic
chemicals can have lifelong and generational effects, the
impacts of which are still being determined. The Committee
recognizes that the generational effects of toxic exposure have
not been studied enough to determine what conditions children
and grandchildren of exposed veterans face on a daily basis.
The Committee urges VA to explore options for addressing this
problem.
Access to research findings.--The Committee is pleased that
VA has developed a public access policy to make publicly
available the research findings that are financed through VA
and that its research is now being posted on the National
Institutes of Health PubMed Central site. The Committee
requests a report 90 days after enactment of this Act
describing articles that were posted in fiscal year 2015 and an
estimate of how many will be posted in fiscal year 2016.
Alzheimer's disease.--The Committee is aware of recent
research that suggests TBI and PTSD may increase the chances of
Alzheimer's disease or related dementias. Furthermore, the
Committee is concerned by VA estimates that the number of
veterans with dementia will reach 218,000 by fiscal year 2017,
a more than five-fold increase in the last decade. Therefore,
the Committee encourages VA to conduct additional, peer-
reviewed research on Alzheimer's disease. The Committee urges
VA, to the maximum extent possible, to target its research
activities to the milestones issued in the National Plan to
Address Alzheimer's Disease and coordinate its efforts with the
National Institutes of Health.
Diabetes.--The Committee recognizes the growth of diabetes
as an epidemic in our country and the burden it places on our
nation's veterans. The Committee is pleased with the efforts of
VA in securing 300,000 veterans to participate in the Million
Veteran Program. The program is one of the largest databases of
genetic, military exposure, lifestyle, and health information,
and the research findings provide ways of preventing and
treating a number of diseases impacting veterans, including
diabetes. The Committee urges VA to continue its efforts to
reach the goal of one million participants. Also, the Committee
urges the VA Office of Research and Development to provide more
information about the diabetes-specific research projects
currently being funded.
Medical Care Collections Fund
The Department of Veterans Affairs Medical Care Collections
Fund (MCCF) was established by the Balanced Budget Act of 1997
(Public Law 105-33). The Department deposits first-party and
pharmacy co-payments, third-party insurance payments and
enhanced-use collections, long-term care co-payments,
Compensated Work Therapy Program collections, Compensation and
Pension Living Expenses Program collections, and Parking
Program fees into the MCCF. The Department uses these funds for
medical care and services to veterans. The estimate of fees
that will be collected in fiscal year 2016 is $2,445,000,000.
Third party billing.--Congress remains concerned over
potential discrepancies in the VA's billing process. Procedures
to provide for correct billing and prompt collection must
improve at the VA. Therefore, the Department shall submit to
Congress no later than 180 days after the end of any fiscal
year a report identifying the amount of third party health
billings that were owed to the VA in the previous fiscal year
and the amount collected. The report shall include billings and
collections data for both large claims (greater than $1,000)
and small claims (equal to or less than $1,000). In addition,
the report shall include current efforts underway to increase
VA's efficiency, accuracy and collection process, as well as
what management practices are in place to provide proper
oversight of the billing process so as to eliminate unnecessary
and duplicative functions.
National Cemetery Administration (NCA)
Fiscal year 2015 enacted level........................ $256,800,000
Fiscal year 2016 budget request....................... 266,220,000
Committee recommendation in the bill.................. 266,220,000
Comparison with:
Fiscal year 2015 enacted level.................... 9,420,000
Fiscal year 2016 budget request................... - - -
The NCA was established in accordance with Public Law 93-
43, the National Cemeteries Act of 1973. It has a fourfold
mission: to provide for the interment of, in any national
cemetery with available grave space, the remains of eligible
deceased servicemembers and discharged veterans, together with
their spouses and certain dependents, and to permanently
maintain their graves; to provide headstones for, and to mark
graves of eligible persons in national, State, tribal, and
private cemeteries; to administer the grant program for aid to
States and tribal governments in establishing, expanding, or
improving State and tribal government veterans' cemeteries; and
to administer the Presidential Memorial Certificate Program.
This appropriation will provide for the operation and
maintenance of 134 operational national cemeteries, two rural
National Veterans Burial Grounds, and 33 other cemeterial
installations.
The bill includes language making up to $26,600,000 of the
total available until September 30, 2017.
Rural areas.--The Committee continues to be concerned by
the NCA's response to Committee direction to develop a
strategic plan for access to national cemeteries in rural
areas. The conference report for the fiscal year 2015
appropriation instructed the Department to report why its
strategic plan lacked all eight elements mandated by Congress
and why it has ignored the recommendation of the Government
Accountability Office on using census tract data to calculate
veteran population served. The Committee expects the Department
to respond to these issues within 30 days of this report being
filed.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2015 enacted level........................ $321,591,000
Fiscal year 2016 budget request....................... 346,659,000
Committee recommendation in the bill.................. 336,659,000
Comparison with:
Fiscal year 2015 enacted level.................... 15,068,000
Fiscal year 2016 budget request................... (10,000,000)
The General Administration account provides funds for the
Office of the Secretary, six Assistant Secretaries, and three
independent staff offices. The Committee has included bill
language to make available through September 30, 2017, up to
$10,100,000 of these funds and to permit the transfer of funds
in this account to the General Operating Expenses, Veterans
Benefits Administration account.
MyVA program.--The Committee realizes that the Secretary is
dedicated to his initiative called ``MyVA'' that focuses on
customer service from the veteran's perspective. The Committee
has some concerns with the funding of the new program. The
budget includes $3,500,000 to establish the MyVA program
office. But, in addition, the budget request taps the operating
divisions of VA for $76,300,000 and 204 FTE for activities to
support planned customer data integration and Department-wide
reorganization. This ``tap'' on ongoing VA activities seems
excessive, especially given the paucity of information about
what the MyVA office will do. The Committee expects a quarterly
report detailing the activities of the MyVA office and its
detailed employees, specifically addressing the possible
reconfiguration of offices at the regional and State levels and
the cost of such reconfiguration.
Leadership at the Board of Veterans Appeals.--The Committee
fails to understand why the Board of Veterans Appeals has not
had a chairman for the past four years and why no candidate has
been identified. The Committee urges the Secretary to work with
the White House and identify a candidate for the vacant
chairman of the Board position without delay. With the coming
surge in appeals of disability claims, the Board needs full
strength in its leadership positions to guide development of
the Board's master plan to handle the influx.
VA budget office communication.--The Committee has
traditionally channeled most of its inquiries and requests for
information and assistance through VA budget office. The
Committee reiterates its longstanding position that, while the
Committee reserves the right to call upon all VA offices, the
primary communication between the Committee and VA should
normally be through the budget office. Responses to Committee
inquiries, regardless of whether they concern funding or
policy, are to be transmitted without delay by other offices
within VA, unless otherwise requested by the Committee. In
addition, to facilitate the work of the Committee, it expects
that the Department will make available to all personal and
committee staff of Members of the Committee the same direct
contact with the budget office. The Committee also expects that
a staff member of VA budget office will be present at every
meeting held between the chairman and ranking member of the
Full Committee and Subcommittee and the Secretary or other
senior VA officials.
Quarterly full-time equivalents (FTE) reports.--The
Committee continues to request that VA provide, on a quarterly
basis, the total current FTE by appropriation account and, in
the case of General Operating Expenses, Veterans Benefits
Administration, by program. The Committee feels it needs to
have current staffing information throughout the year in order
to monitor the use of salaries and expenses resources.
Additional budgetary information.--The Committee continues
its request that items described in the fiscal year 2015 House
report 113-416 continue to be included in the budget
justifications submitted each year. These items include:
displaying a current year estimate for all accounts and for the
budget year and the advance year; providing a reimbursable FTE
summary chart for the General Administration account; providing
an FTE by grade and regional/central office totals chart for
the Information Technology Systems account; and providing the
appeals caseload information requested for the Board of
Veterans Appeals. The Committee would also like a quarterly
report identifying the total amount the Department obligates
for outreach and awareness marketing campaigns, with a
description of each campaign supported.
Staff relocations within VA.--The bill continues the
administrative provision requiring written notification 15 days
prior to organizational changes which result in the transfer of
25 or more full-time equivalent staff from one organizational
unit of the Department to another.
Small business outreach efforts.--The Committee encourages
VA to provide increased outreach efforts to small businesses
located in parts of the country that have experienced severe
job losses and, in particular, those areas of the country that
have been designated as Promise Zones.
Equitable relief.--The Committee understands that VA is
working to implement new systems and protocols to eliminate
instances of administrative error. However, the Committee
recognizes that as VA enacts system-wide reforms, ending
equitable relief for veterans who were deemed eligible for
benefits in error would place an unfair burden on veterans and
their families. The Committee urges the Secretary to continue
to grant or extend equitable relief to veterans initially
deemed eligible in instances of administrative error. No later
than April 1 of each year, the Secretary shall submit to the
Committee a report containing a statement as to the disposition
of each case recommended to the Secretary for equitable relief
under 38 U.S.C 503 during the preceding calendar year.
Tribal nation representation.--Despite VA efforts to
address the burdens across Indian Country to access earned care
and benefits, challenges continue to exist. The Committee is
concerned that the current framework for recognizing
organizations and appointed VSO representatives has required
tribal communities to rely on non-tribal third parties to
advocate on behalf of tribal veterans. The Committee encourages
the Secretary to consider utilizing existing authority to
recognize Tribal Nations and their representatives to directly
prepare, present, and prosecute claims under the laws
administered by the Secretary.
Strike force response.--The Committee is aware that the
Secretary occasionally transfers leaders from other VA
facilities to temporarily take charge to address acute problems
in certain failing facilities. These leaders observe problem
areas, develop corrective actions, and reorganize personnel and
institutional assets to achieve them. The Committee urges the
Secretary to regularize this process by having a cadre of
experienced, high-performing managers designated for short-
notice assignment to VA institutions that the Secretary or
Inspector General identifies as low-performing. These managers
should be used before a facility has long-term performance
problems or an established record of failing to provide veteran
services. The Committee requests a report within 60 days of the
filing of this report outlining the number of senior managers
who have been identified for future strike teams for both VHA
and VBA facilities/offices.
Board of Veterans Appeals (BVA)
Fiscal year 2015 enacted level........................ $99,294,000
Fiscal year 2016 budget request....................... 107,884,000
Committee recommendation in the bill.................. 107,884,000
Comparison with:
Fiscal year 2015 enacted level.................... 8,590,000
Fiscal year 2016 budget request................... - - -
The bill makes up to $10,788,000 of this funding available
through September 30, 2017.
The BVA is the component of VA responsible for making final
decisions on behalf of the Secretary for the thousands of
claims for veterans benefits that are presented to BVA for
appellate review. The majority of the BVA's workload derives
from the benefit claims initiated at the VBA regional offices.
The appellate process has multiple steps, most of which occur
at the local regional office level. If a veteran is not
satisfied with a regional office determination, he or she may
appeal to BVA for a final agency decision. BVA adjudicates
appeals covering all areas of veterans benefits, but most of
the workload concerns appeals for veterans' disability
compensation or pension benefits. Appeals received by BVA are
projected to increase from 49,611 in 2012 to 81,640 cases in
2016.
Reporting on the appeals backlog.--The Committee directs
the Board to report on the status of the appeals backlog, on a
quarterly basis, starting within 120 days of enactment of this
Act. The report should include a definition of the backlog, the
total number of appeals pending, and the total number of
appeals in backlog, and should identify time-specific metrics
related to reduction of the backlog.
In addition, the Board should provide a report within 90
days of enactment of this Act identifying what policy,
organizational and structural changes are necessary to
eliminate the backlog and outlining the resources necessary to
accomplish that task.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
Fiscal year 2015 enacted level........................ $2,534,254,000
Fiscal year 2016 budget request....................... 2,697,734,000
Committee recommendation in the bill.................. 2,697,734,000
Comparison with:
Fiscal year 2015 enacted level.................... 163,480,000
Fiscal year 2016 budget request................... - - -
The General Operating Expenses, Veterans Benefits
Administration (VBA) account provides funding for VBA to
administer entitlement programs such as service-connected
disability compensation, education benefits, and vocational
rehabilitation services.
The bill makes available through September 30, 2017, up to
$134,800,000 of these funds.
The Committee provides the full request for the General
Operating Expenses, VBA account. Despite the funding
constraints faced by the Committee, the Committee believes that
one of its top priorities must be to support the activities in
this request--hiring 770 additional FTE to increase the
workforce for appeals claims processors, fiduciary field
examiners, and non-rating claims processors. These staff are
needed to handle the increasing workloads in appeals, non-
rating claims, and fiduciary field examinations that result
from VBA's increase in processed claims, as it further reduces
the disability claims backlog. The bill also supports the full
request of $26,300,000 for the centralized mail initiative to
consolidate inbound paper mail from the regional offices to a
centralized intake site and the $140,800,000 request for the
Veterans Claim Intake Program (VCIP) to scan paper claims and
convert them into digital format. The Committee provides the
full request ($36,800,000 from VBA and $253,000,000 from IT)
for the Veterans Benefits Management System (VBMS), the
paperless claims processing system. VBMS allows VBA to
centrally manage the claims workload at the national level and
direct cases electronically across its network of regional
offices to match claims demand with available processing
capacity. The Committee urges VA to allocate the maximum
funding available for VCIP because of its importance in
speeding the claims decision process.
Claims backlog.--The Committee believes VA should have no
higher priority than to reach its goal by the end of 2015 of no
pending disability claim being more than 125 days old, while
continuing to process all other claims to avoid recurrence of
any backlog. While the Committee supports VBA's use of
technology to improve performance, the Committee is somewhat
skeptical that the new VBMS procedures will ensure timely
processing of the backlog by the end of 2015. For the last five
years, the Committee has fully funded the President's budget
request for additional FTEs and increased IT funding, yet the
claims backlog remains. The Committee is concerned that VBA is
not planning to mitigate a predictable influx of new claims
from DOD downsizing. Therefore, in addition to maintaining the
current reporting requirements as listed in House Report 113-
416, the Department is instructed to provide a report no later
than 6 months after enactment of this Act outlining future
staffing requests based on anticipated separation numbers as
provided by DOD. While this report is for the use of the
Appropriations Committee, it may be made available by the VA
Office of Congressional and Legislative Affairs to any Member
of the House of Representatives upon request. In addition, VA
is requested to display in the annual budget justification
documents for each year the amount of funding allocated for
staff overtime for claims processing, both voluntary and
mandatory.
Claims processing deficiencies.--Because the backlog at the
Oakland VA regional office was among the worst in the nation,
the VBA is requested to submit no later than 30 days after
enactment of this Act a report outlining for calendar years
2014 and 2015 the number of claims received and processed at
the Oakland regional office and the accuracy scores for those
claims; the average time to complete a claim; the employee
scores on speed and quality of rating; the amount of employee
training that was conducted; the amount of overtime that was
used; and the number of claims that were brokered to another
regional office. Lastly, the report should outline the lessons
learned and new protocols used from working with higher
efficiency regional offices where Oakland's claims were
brokered.
Appeals claims processing.--The Committee has provided the
full request to hire 200 additional FTE for processing appeals
claims in the regional offices. It is essential that the
growing backlog in veteran appeals claims be addressed by VA.
VA has neglected the appeals of veteran claims in its effort to
reduce the disability claims backlog and has lost sight of the
appeals process. VA should produce an annual report on its
actions to lower the backlog in appeals.
Appeals decision team.--The Appeals Decision Team was
created in 2011 to improve processing times for appeals in the
VBA regional offices. One recommendation of the team was the
pilot in the Houston, Texas regional office, which decreased
processing time from 1,445 days to 293 days. Despite
congressional encouragement, VBA has not disseminated the best
practices identified in the Houston pilot to other regional
offices or expanded the pilot project. The Committee directs
VBA to report to the Committee no later than 30 days after
filing of this report the reason why the Houston pilot best
practices, which resulted in such a dramatic decrease in
processing time, have not been put in place in other regional
offices. In addition, the report should include a description
of other activities and recommendations of the Appeals Decision
Team in the last two years and the actions taken in response to
those recommendations by VBA.
Military sexual assault claims.--The Committee understands
VBA is developing and implementing new training initiatives and
procedures for PTSD claims related to military sexual trauma
(MST). The Committee is pleased with the increased focus on
this area and encourages VA to continue to build on strides
that have been made, to include intensive training and
identifying specialized claims employees for MST-related
claims. VA should continue tracking key data sets including: a)
the number of MST-related claims submitted in the previous
fiscal year; b) of the submitted claims, the number and
percentage of claims submitted by each sex; c) the number of
the approved claims, and the number and percentage, listed by
sex, of claims assigned to each rating percentage; d) of the
denied claims, the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for such
denials; e) the number of denials that were based on the
failure of the veterans to report for a medical examination; f)
the number of claims that are pending at the end of the fiscal
year (including claims on appeal); g) the average days to
complete MST claims; and h) a description of the training the
Secretary provides to employees of VBA specifically with
respect to covered claims, including the frequency, length, and
content of such training. The Committee also directs VA to
conduct veteran outreach initiatives and publicize benefits
veterans may be entitled to as a result of MST. The Committee
looks forward to receiving a report describing this data no
later than 90 days after enactment of this Act.
Transitioning from the Armed Services.--The Committee is
concerned about the difficulties men and women face
transitioning from the Armed Services to the civilian sector.
The transition can be difficult, even though a recent survey
revealed that nearly 90 percent of transitioning personnel
believe they possess marketable general skills such as problem
solving, leadership, ethics, and time management and most
believe they possess specific marketable skills, such as
information technology, health care, mechanical, and aviation.
One of the major challenges transitioning veterans face in
securing suitable employment in the civilian sector is the
difficulty in translating to employers the value of the skills
they learned in the military. In particular, the Committee
urges VA to refine and upgrade its Military Skills Translator
tool to better reflect the transferable skills of transitioning
military veterans. Additionally, the Committee instructs VA to
increase public awareness of and ensure access to the Military
Skills Translator tool for civilian employers.
National security concerns and benefits.--The Committee
appreciates the need to safeguard information concerning
classified military activities. However, it has come to the
Committee's attention that some veterans have been challenged
to access the benefits that they have earned through service
because of national security concerns. The Committee encourages
the Secretary to work collaboratively with the Secretary of
Defense to identify a process to ease the procedure for
veterans to obtain benefits and care from the Department
without compromising national security.
Enhancing state and local partnerships.--The Committee
strongly supports VBA's collaboration with accredited VSOs,
County VSOs, and State Veterans Affairs agencies. The Committee
directs VBA to continue to prioritize flexible partnerships
designed to expand the number of fully developed benefit claims
submitted electronically through the eBenefits portal, and
supports VBA's implementation of the Digits-2-Digits direct
data exchange initiative. As VA continues its efforts to
streamline, standardize and modernize the claims process, the
Committee encourages VBA to support similar partnerships that
leverage VSOs' capacity to assist claimants in preparing and
submitting the newly-prescribed standard forms for initiating
and filing claims and appeals. Additionally, in order to help
improve the quality of VBA's disability compensation claim
decisions, the Committee urges VBA to take steps to enable
Quality Review Teams (QRTs) to partner with accredited VSOs to
assist in processing reviews before claims are finalized and in
identifying specific types of common errors to better track
error trends. Finally, the Committee encourages VBA to ensure
that any future upgrades to local data systems allow QRTs to
pause the claims process when such errors are detected.
Filipino veterans.--The American Recovery and Reinvestment
Act (P.L. 111-5) established a benefit for Filipino veterans
who aided American troops in World War II. In the fiscal year
2014 appropriations act, the Committee directed VA to consider
all forms of evidence of service and not just those originally
considered. The Committee looks forward to VA execution of this
directive and requests a report no later than 90 days after
enactment of this Act detailing the total number of claims, the
number adjudicated, and the number appealed or awaiting appeal.
Independent living program.--The Independent Living program
provides services to maximize independence in daily living for
veterans who are too severely disabled to pursue employment. It
allows eligible veterans to live independently and participate
in family and community life. The program has been highly
successful. It began as a pilot program for 500 disabled
veterans in 1980. In 2010, the program was extended and the cap
increased to allow up to 2,700 veterans to enroll in the
program. The Committee urges the Department of Veterans Affairs
to propose legislation eliminating the cap on the Independent
Living Program.
INFORMATION TECHNOLOGY SYSTEMS (IT)
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2015 enacted level........................ $3,903,344,000
Fiscal year 2016 budget request....................... 4,133,363,000
Committee recommendation in the bill.................. 4,038,363,000
Comparison with:
Fiscal year 2015 enacted level.................... 135,019,000
Fiscal year 2016 budget request................... (95,000,000)
The IT account supports information technology services
such as systems development and performance, operations and
maintenance, information protection, and customer support. The
program permits the effective and efficient delivery of
veterans' healthcare services and benefits programs.
Within the account total, the Committee allocates in bill
language $1,115,757,000 for pay and associated costs, which is
the same as the budget request; $2,417,863,000 for operations
and maintenance, which is $95,000,000 below the request but
$101,854,000 above fiscal year 2015; and $504,743,000 for
development, modernization, and enhancement, which is the same
as the request. The bill makes available up to $34,800,000 of
pay and associated costs and up to $167,900,000 of operations
and maintenance funds until September 30, 2017. All
development, modernization, and enhancement funds are available
until September 30, 2017.
Funding identified in the bill is in addition to the
anticipated $173,400,000 for information technology from the
Veterans Choice Act in fiscal year 2016.
Although funding constraints require the Committee to
provide a funding level below the request, the level provided
includes a $135,019,000, or a 3.5 percent, increase over fiscal
year 2015, which will permit investment in high priority areas.
The Committee identifies in particular as high priorities:
$253,000,000 for the Veterans Benefits Management System;
$19,100,000 for the appeals modernization effort; $15,000,000
for Section 508 compliance efforts; $182,600,000 for VistA
Evolution, the modernization of the electronic health record
(EHR); and $50,000,000 for interoperability and Virtual
Lifetime Electronic Record (VLER) health.
An administrative provision limits the funding for the
electronic health record provided by the Veterans Health
Administration to $159,596,000--$5,000,000 from the Medical
Services account and $154,596,000 from the Medical Support and
Compliance account.
The Committee continues to feel it is critical to closely
track VA's development of its electronic health record. In the
aftermath of the DOD and VA decision not to pursue a single
integrated health record, it becomes doubly important to ensure
that the two health records are designed in a way that permits
interoperability between the two in order that computable data
from one record can be viewed and used by clinicians with a
different electronic record system. In the fiscal year 2013,
2014 and 2015 bills, Congress included bill language requiring
VA to provide information on the cost, timeline, performance
benchmarks, and interoperability capacity of the VistA
Evolution system before release of 75 percent of the funding
provided. The Committee believes it remains important to track
the implementation of the VA system, particularly as the
Department of Defense finalizes its choice of contractor to
develop a new system. Accordingly, the Committee includes
fiscal year 2016 bill language limiting expenditure of IT
development funds for VistA Evolution to 25 percent of funds
provided until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and such Committees
approve, a report that describes: (1) the status of and any
changes to the VistA Evolution program plan (Plan), the revised
VistA 4 product roadmap (Roadmap), and the VistA 4 Incremental
Life Cycle Cost Estimate; (2) any changes to the scope or
functionality of projects within the VistA Evolution program as
established in the Plan; (3) actual program costs incurred to
date; (4) progress in meeting the schedule milestones that have
been established in the Plan; (5) a Project Management
Accountability System (PMAS) Dashboard Progress report that
identifies each VistA Evolution project being tracked through
PMAS, what functionality it is intended to provide, and what
evaluation scores it has received throughout development; (6)
the definition being used for interoperability between the
electronic health record systems of the Department of Defense
and the Department of Veterans Affairs, the metrics to measure
the extent of interoperability, the milestones and timeline
associated with achieving interoperability, and the baseline
measurements associated with interoperability; (7) progress
toward developing and implementing all components and levels of
interoperability, including semantic interoperability; (8) the
change management tools in place to facilitate the
implementation of VistA Evolution and interoperability; and (9)
any changes in the governance structure for the VistA Evolution
program and its chain of decisionmaking authority.
The Committee wishes to emphasize that the Joint Legacy
Viewer, which permits DOD and VA users to see the electronic
health record of the other Department, does not constitute
interoperability, except as an intermediate stage to achieve
semantic interoperability.
The Committee does not intend to delay the progress of
developing the health record, but believes continuing oversight
is necessary to ensure that the health record will have the
capabilities and interoperability that the Committee believes
are critical to patient care, as promised by VA leadership and
in VA documents.
The Committee notes that oversight entities have registered
concern about the VA electronic health record. The Government
Accountability Office has listed the VA electronic health
record in its 2015 High Risk Report, saying that ``the quality
of care may be adversely affected if important clinical
information is not promptly communicated'' and that the ``lack
of interoperability limits VA clinicians' ability to readily
access information from DOD records, potentially impeding their
ability to make the most informed decision on treatment
options''.
The Committee continues to include bill language
prohibiting obligation or expenditure of funds for information
technology systems development, modernization and enhancement
until VA submits to the Committees a certification of the
amounts. In addition, the Committee continues bill language
permitting the transfer of funding among the three subaccounts
upon approval of the Committees. The bill contains language
which allows for the reprogramming of funds among development,
modernization and enhancement projects upon prior notification
to, and approval by, the Committees. The bill continues to
include language indicating that funds for development,
modernization and enhancement are available only for the
projects and in the amounts specified in the report
accompanying the bill.
The chart below reflects the Administration's budget
request for development projects and includes the Committee
recommendation for each. This chart will serve as the
Department's approved list of development projects, and all
requested changes are subject to the reprogramming guidelines
as outlined in the accompanying Act.
The Committee expects the Office of Information Technology
to continue to provide an IT expenditure report to the
Committees on a monthly basis. This report shall include a
comparison to the project costs included in the development,
modernization, and enhancement project funding chart included
in the House report, and provide an explanation for any
differences in excess of $1,000,000.
Technology to modernize processing of appeals.--The
Committee is very concerned about the lack of capacity at the
Board of Veterans Appeals to handle the incoming surge of
claims appeals resulting from progress in reducing the
disability claims backlog. The Committee is very supportive of
information technology solutions that would help the Board to
manage the surge in claims appeals, but is concerned that the
$19,100,000 requested for the IT solution is not well
supported. The Committee requests that VA provide an integrated
master plan no later than 90 days after enactment of this Act
for the appeals systems modernization, including the plan to
replace the Veterans Appeals Control and Locator System and to
ensure interoperability with the Veterans Benefits Management
System.
Common DOD-VA data standards.--When the Secretaries of the
Departments of Defense and Veterans Affairs announced in
February 2013 that the two Departments would move forward in
modernizing their respective electronic health records (EHR)
instead of developing a single, integrated system, they
provided assurances that the systems would be interoperable. In
order for interoperability between the Departments to be
successful there must be a common standard, and while the
Committee is aware that the Office of the National Coordinator
for Health Information Technology (ONC) is making progress
towards developing national standards, such standards currently
do not exist for certain health domains. In light of this lack
of standards, the fiscal year 2014 National Defense
Authorization Act (NDAA) directed the Departments to use the
Health Data Dictionary (HDD), a tool that promotes
interoperability by aiding interpretation of disparate
terminologies across EHR systems when no national standard
exists. The Committee understands that if an ONC-approved data
standard exists, that is used by both departments. The default
is the DOD HDD for VA and DOD if no other source is available.
Accordingly, the Committee encourages VA to continue its
efforts to use the same standard as DOD as it expands the
number of common domains and looks forward to the ONC
completing national data standards for health IT.
Support of cloud computing.--The Committee supports the
Administration's initiative to transform the government IT
portfolio through cloud computing, giving agencies the ability
to purchase IT services in a utility-based model, paying for
only the IT services consumed. The expedited transition to
cloud computing could offer significant savings and more
agility for Federal agencies. The Committee requests VA to
provide a report to the Committee not later than 90 days after
the enactment of this Act on the status of expanding the
adoption of cloud computing within VA. The report should
include an update on the use of commercial cloud computing
services, current plans for the expansion of cloud computing to
leverage the utility-based model, security impacts of
transitioning to cloud computing, any factors delaying or
inhibiting the expansion of cloud computing usage, and the cost
savings achieved in fiscal year 2015 by the utilization of
commercial cloud computing services.
Wireless technology.--In recognizing the importance of
advancing technology and the role it plays in patient care, the
Committee is cognizant of the technologies that have the
potential to wirelessly transmit patient vitals from the point
of care directly to a patient's electronic medical record. The
Committee is pleased that VA already uses secure cloud
technology in transmitting data to and from its electronic
health record and is expanding existing interfaces for
continuous and routine vital signs monitoring.
OFFICE OF INSPECTOR GENERAL (OIG)
Fiscal year 2015 enacted level........................ $126,411,000
Fiscal year 2016 budget request....................... 126,766,000
Committee recommendation in the bill.................. 131,766,000
Comparison with:
Fiscal year 2015 enacted level.................... 5,355,000
Fiscal year 2016 budget request................... 5,000,000
The OIG was established by the Inspector General Act of
1978 and is responsible for the audit, investigation, and
inspection of all VA programs and operations. The overall
operational objective is to focus available resources on areas
which would help improve services to veterans and their
beneficiaries, assist managers of Department programs to
operate economically in accomplishing program goals, and to
prevent and deter recurring and potential fraud, waste, and
inefficiencies.
The bill makes up to $12,600,000 of this funding available
until September 30, 2017.
Transparency.--The Committee is concerned by recent
accounts alleging a lack of independence displayed by the OIG.
Even the appearance of hiding evidence or shielding VA from
public criticism undermines OIG credibility and brings its
independence into question. The Committee acknowledges the
recent policy change announced by the OIG to shift decision-
making authority for closing reports to senior staff. While
this is a positive change, the OIG must demonstrate that this
policy shift will result in a fully transparent accounting of
OIG investigations. The Committee directs the OIG to develop a
standard for closing reports that is consistent with the OIG's
legal responsibility to keep Congress fully and timely
informed.
CONSTRUCTION, MAJOR PROJECTS
Fiscal year 2015 enacted level........................ $561,800,000
Fiscal year 2016 budget request....................... 1,143,800,000
Committee recommendation in the bill.................. 561,800,000
Comparison with:
Fiscal year 2015 enacted level.................... - - -
Fiscal year 2016 budget request................... (582,000,000)
The Construction, Major Projects appropriation provides for
constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, including planning,
architectural and engineering services, assessments, and site
acquisition where the estimated cost of a project is
$10,000,000 or more.
The Committee recommendation makes all but $34,000,000 of
these funds available for a five-year period.
Recognizing that the funding amount provided by the
Committee is different than the administration request, the
Committee makes clear its intention that the funding provided
be used for the projects requested in the budget for new
hospital construction and seismic corrections. The Department
is directed to provide for approval of the Appropriations
Committees of both Houses of Congress a proposed spending plan
for the Major Construction account within 30 days of enactment
of this Act.
The Committee is seriously disturbed by recent findings of
gross facility construction mismanagement with the VA Aurora,
Colorado hospital project, in particular, the cost overruns
that are now estimated at $930,000,000. The Committee expects a
detailed explanation from the administration within 30 days
from the filing of this appropriations report about: (1)
whether there is justification to continue the project, as
opposed to re-scoping the project, renovating the existing
hospital, or pausing to recompete the project; (2) how the
administration proposes to finance further costs for the
hospital in a deficit-neutral way; (3) what personnel actions
have been taken against those responsible for the project's
mismanagement; and (4) what program oversight and management
controls have been installed for current and future VA
construction projects.
To enhance the Committee's capacity to conduct oversight on
VA's facility construction efforts, several administrative
provisions are added or strengthened in the bill: (1) no
funding greater than $5,000,000 may be reprogrammed between
construction projects unless approved by the Committees on
Appropriations of both House of Congress; (2) any change to the
scope of a construction project is not permitted without the
approval of the Committees; and (3) VA must report any bid
savings of $5,000,000 or more on projects as soon as they are
identified.
Alternative financing.--The Committee is concerned about
meeting the need for access to high quality veterans health
care facilities, including in rural areas where access to
clinics and hospitals is more limited. The Committee directs VA
to work collaboratively with the Office of Management and
Budget, the United States General Services Administration, and
the Government Accountability Office, together with the
appropriate Congressional committees, to explore the
feasibility of employing new funding mechanisms to meet the
need for such facilities, including but not limited to private
development lease-back arrangements and VA-certified private
hospitals, and to provide a report on their conclusions to the
Committee within 30 days of enactment of this Act. The report
will include any additional legislative authorities needed for
a new VA hospital funding paradigm.
CONSTRUCTION, MINOR PROJECTS
Fiscal year 2015 enacted level........................ $495,200,000
Fiscal year 2016 budget request....................... 406,200,000
Committee recommendation in the bill.................. 406,200,000
Comparison with:
Fiscal year 2015 enacted level.................... (89,000,000)
Fiscal year 2016 budget request................... - - -
The Construction, Minor Projects appropriation provides for
constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the
Department, including planning, assessment of needs,
architectural and engineering services, and site acquisition,
where the estimated cost of a project is less than $10,000,000.
As with the Major Construction account, the Committee
recommendation makes these funds available for a five-year
period.
Funding identified in the bill is in addition to the
anticipated $128,000,000 for minor construction from the
Veterans Choice Act in fiscal year 2016.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
Fiscal year 2015 enacted level........................ $90,000,000
Fiscal year 2016 budget request....................... 80,000,000
Committee recommendation in the bill.................. 80,000,000
Comparison with:
Fiscal year 2015 enacted level.................... (10,000,000)
Fiscal year 2016 budget request................... - - -
This appropriation provides grants to assist States to
construct State home facilities, for furnishing domiciliary or
nursing home care to veterans, and to expand, remodel, or alter
existing buildings for furnishing domiciliary, nursing home, or
hospital care to veterans in State homes. A grant may not
exceed 65 percent of the total cost of the project. The bill
makes this funding available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
Fiscal year 2015 enacted level........................ $46,000,000
Fiscal year 2016 budget request....................... 45,000,000
Committee recommendation in the bill.................. 45,000,000
Comparison with:
Fiscal year 2015 enacted level.................... (1,000,000)
Fiscal year 2016 budget request................... - - -
This program provides grants to assist States and tribal
governments with the establishment, expansion, and improvement
of veterans cemeteries which are operated and permanently
maintained by the States and tribal governments. Grants under
this program fund up to 100 percent of construction costs and
the initial equipment expenses when the cemetery is
established. The States and tribal governments remain
responsible for providing the land and for paying all costs
related to the operation and maintenance of the State
cemeteries, including the costs for subsequent equipment
purchases. The bill makes this funding available until
expended.
Public-private partnerships.--In order to provide a burial
option to those veterans who may not have reasonable access to
a national cemetery or State cemetery, the Committee encourages
VA to prioritize funding under the State veterans cemetery
grant program for the establishment of veterans cemeteries in
rural and highly rural areas. Additionally, States and local
governments are encouraged to utilize public-private
partnerships that are currently available to help defray the
cost of operation and maintenance of a State veterans'
cemetery.
Construction of State extended care facilities.--The
Committee urges VA to calculate the maximum bed numbers per
state and county necessary to support the peak veteran
population and to develop contingency plans that can be
implemented to address additional spikes and declines over the
next ten years.
Administrative Provisions
The bill includes 41 administrative provisions, 33 of which
were included in the fiscal year 2015 bill and eight of which
are new or revised.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 201 allowing for the transfer of
funds among three mandatory appropriations. The Administration
proposal to modify this provision is not adopted.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 202 allowing the Department to
transfer funding among the three medical appropriations
accounts in fiscal year 2016. The Administration proposal to
modify this provision is not adopted.
The bill includes section 203 allowing for salaries and
expenses funds to be used for hire of passenger vehicles, lease
of facilities or land, and purchase of uniforms.
The bill includes section 204 providing that only funding
in ``Construction, Major Projects'' and ``Construction, Minor
Projects'' can be used for the purchase of any site for any new
hospital or home or to construct any new hospital or home.
The bill includes section 205 requiring the Department to
be reimbursed for medical services it provides to any person
not defined as a beneficiary to ensure the Department is
receiving payment for all medical services provided.
The bill includes section 206 allowing for the use of funds
appropriated in fiscal year 2016 for ``Compensation and
Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance
and Indemnities'' for payment of accrued obligations recorded
in the last quarter of fiscal year 2015.
The bill includes section 207 allowing for the use of
fiscal year 2016 funds to pay prior year obligations resulting
from implementation of sections 3328(a), 3334, and 3712(a) of
title 31, United States Code.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 208 allowing the Department to
use surplus earnings from the national service life insurance,
U.S. Government life insurance, and veterans special life
insurance program to administer these programs.
The bill includes section 209 allowing the Department to
obligate enhanced-use lease proceeds for administrative
expenses that were incurred in a prior fiscal year during the
year funds are received.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 210 limiting the amount of
reimbursement the Office of Resolution Management and the
Office of Employment Discrimination Complaint Adjudication can
charge other offices and accounts of the Department for
services provided.
The bill includes section 211 prohibiting the Secretary
from approving new leases of real property with estimated
annual rental cost of more than $1,000,000 unless the
Committees on Appropriations of both Houses of Congress approve
the lease within 15 days of receipt. The Administration
proposal to modify this provision is not adopted.
The bill includes section 212 requiring the Department to
collect current and accurate third-party reimbursement
information for the purposes of third-party insurance
collections. If persons receiving care or medical services do
not disclose this information, the Department is allowed to
bill them reasonable charges for services provided.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 213 allowing the Department to
use enhanced-use lease funds for construction and alteration of
medical facilities.
The bill includes section 214 allowing the Department to
use the Medical Services appropriation for expenses related to
the broader mission of medical care to veterans.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 215 allowing the Department to
transfer Medical Care Collections to the ``Medical Services''
appropriation to be used for veterans medical care and makes
those funds available until expended.
The bill includes section 216 allowing veterans who reside
in Alaska to obtain medical services from medical facilities
supported by the Indian Health Service or tribal organizations,
and provides for reimbursement for those services from VA.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 217 allowing the Department to
transfer the proceeds received from the transfer of real
property deposited into the Department of Veterans Affairs
Capital Asset Fund to the major and minor construction
appropriations accounts and makes those funds available until
expended.
The bill includes section 218 providing that no funds may
be used to prohibit Directors of the VISNs from conducting
outreach or marketing programs. The Administration proposed to
delete this provision.
The bill includes section 219 requiring the Secretary to
submit quarterly reports to the Committees on Appropriations of
both Houses of Congress on the financial status of the Veterans
Health Administration. The Administration proposed to delete
this provision.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 220 permitting the Secretary to
transfer amounts made available in certain accounts to or from
the Information Technology Systems account, provided that such
transfer do not result in a more than 10 percent aggregate
increase for the Information Technology Systems account and
that both Committees approve such transfer.
The bill includes section 221 limiting the amount of
funding made available under the Medical Facilities account for
non-recurring maintenance that may be obligated during the last
two months of the fiscal year. The Administration proposal to
delete this provision is not adopted.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 222 permitting the transfer of
$266,303,000 appropriated for medical accounts, minor
construction, and information technology systems to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund for the operation of facilities
designated as combined Federal medical facilities.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 223 permitting the transfer of
$265,675,000 of fiscal year 2017 advance funding appropriated
for medical accounts to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund for the operation of facilities designated as combined
Federal medical facilities.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 224 permitting the transfer of
funds deposited in the Medical Care Collections Fund to the
Joint Medical Facility Demonstration Fund for facilities
designated as combined Federal medical facilities.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 225 directing that a minimum of
$15,000,000 shall be transferred from the three medical care
appropriations to the Department of Defense/Department of
Veterans Affairs Health Care Sharing Incentive Fund, to be
available until expended.
(INCLUDING RESCISSIONS OF FUNDS)
The bill includes section 226 rescinding and
reappropriating fiscal year 2016 funding--$1,400,000,000 from
``Medical Services'', $100,000,000 from ``Medical Support and
Compliance'', and $250,000,000 from ``Medical Facilities''.
The bill includes section 227 requiring the Secretary to
notify the Committees on Appropriations of both Houses of
Congress of all bid savings when identified in Major
Construction projects that total at least $5,000,000 or 5
percent of the programmed amount of the project. The
Administration proposal to delete this provision is not
adopted.
The bill includes section 228 prohibiting the original
scope of work for a Major Construction project from being
increased above the scope specified for that project in the
original justification data provided to the Congress unless
approved by the Committees. The budget request proposed to
delete this provision.
The bill includes section 229 requiring quarterly reports
on VA regional office performance on disability claims
processing. The budget request proposed to delete this
provision.
The bill includes section 230 requiring VA to submit a
reprogramming request if the funding allocation for a program
that is not calculated through the actuarial model changes by
more than $25,000,000. The budget request proposed to delete
this provision.
The bill includes section 231 identifying the maximum
funding that may be obligated for VHA VistA Evolution and
electronic health record interoperability activities. The
budget request proposed to delete this provision.
The bill includes section 232 requiring advance written
notification to the Committees on Appropriations of both Houses
of Congress 15 days prior to organizational changes which
result in the transfer of 25 or more full-time equivalent staff
from one organizational unit to another. The budget request
proposed to delete this provision.
(RESCISSION OF FUNDS)
The bill includes section 233 reducing $101,000,000 from VA
discretionary accounts to implement the limit on performance
bonuses that was passed by the House of Representatives in H.R.
294.
The bill includes section 234 requiring the Secretary to
provide on a quarterly basis to the Committees on
Appropriations of both Houses of Congress notification of any
single national outreach and awareness marketing campaign in
which obligations exceed $2,000,000. The budget request
proposed to delete this provision.
The bill includes section 235 that prohibits funding to be
used to replace the current system by which the VISNs select
and contract for diabetes monitoring supplies and equipment.
The budget request proposed to delete this provision.
(INCLUDING TRANSFER OF FUNDS)
The bill includes section 236 permitting the transfer to
``Medical Services'' from any discretionary program except
``General Operating Expenses, Veterans Benefits
Administration'' upon approval of both Appropriations
Committees. This provision is intended to give VA flexibility
as it administers the changes to its traditional health care
program and the new Choice Act. The budget request to modify
this provision is not adopted.
The bill includes section 237 permitting the transfer of
funds between the ``Board of Veterans Appeals'' and ``General
Operating Expenses, Veterans Benefits Administration'' upon
approval of both Appropriations Committees. The budget request
to modify this provision is not adopted.
(RESCISSION OF FUNDS)
The bill includes section 238 rescinding $15,000,000 of
unobligated balances within the ``DOD-VA Health Care Sharing
Incentive Fund''.
The bill includes section 239 prohibiting the reprogramming
of funds exceeding $5,000,000 among major construction projects
unless both Appropriations Committees approve the request.
(INCLUDING RESCISSIONS OF FUNDS)
The bill includes sections 240 and 241 which rescind
Medical Care advance funding and reduce funding in current
year-funded accounts to incorporate assumed absorption of the
proposed 1.3 percent payraise. The Department has authority to
use whatever appropriated funds are available to support the
payraise if it chooses to do so.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
Fiscal year 2015 enacted level........................ $74,100,000
Fiscal year 2016 budget request....................... 75,100,000
Committee recommendation in the bill.................. 75,100,000
Comparison with:
Fiscal year 2015 enacted level.................... 1,000,000
Fiscal year 2016 budget request................... - - -
The American Battle Monuments Commission (ABMC) is
responsible for the administration, operation and maintenance
of cemetery and war memorials to commemorate the achievements
and sacrifices of the American Armed Forces where they have
served since April 6, 1917. In performing these functions, the
Commission maintains 25 permanent American military cemetery
memorials and 26 monuments, memorials, and markers.
The Committee includes additional funds to support the
interpretive program and nonrecurring maintenance needs.
Language is included allowing up to $7,500 to be used for
official reception and representation expenses.
The Committee is concerned that ABMC has significant needs
for nonrecurring maintenance, as it also pursues developing
necessary interpretive programs and building visitors' centers
to ``tell the story'' of our heroes to a new generation. The
Committee is highly supportive of ABMC's goals and interested
in ABMC's multi-year plan for meeting its requirements.
However, ABMC's estimates for construction and major
maintenance have been grossly inadequate for past projects, and
cost overruns have made management of ABMC's priorities
challenging. Therefore, the Committee directs that ABMC's
budget justification materials include a multi-year plan for
construction, development, and operation and maintenance. The
submitted plan should be current, and should include a
description of multi-year facilities and infrastructure
projects and the expected costs and timeline for such projects,
prioritization of the projects, and an estimate of sustainment
and operating costs once construction is complete.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
Fiscal year 2015 enacted level........................ $1,900,000
Fiscal year 2016 budget request est................... 2,000,000
Committee recommendation in the bill est.............. 2,000,000
Comparison with:
Fiscal year 2015 enacted level.................... 100,000
Fiscal year 2016 budget request................... - - -
The Commission's Foreign Currency Fluctuations Account is
authorized pursuant to 36 U.S.C. 2109 to pay the costs of
salaries and expenses that exceed the amount appropriated
because of fluctuations in currency exchange rates of foreign
countries occurring after a budget request for the Commission
is submitted to Congress. The account may not be used for any
other purpose.
The Committee recommendation includes bill language as
proposed which makes ``such sums as may be necessary''
available to the Commission to cover unanticipated foreign
currency fluctuations, currently estimated at $2,000,000.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
Fiscal year 2015 enacted level........................ $31,386,000
Fiscal year 2016 budget request....................... 32,141,000
Committee recommendation in the bill.................. 32,141,000
Comparison with:
Fiscal year 2015 enacted level.................... 755,000
Fiscal year 2016 budget request................... - - -
The Veterans' Judicial Review Act established the U.S.
Court of Appeals for Veterans Claims. The Court reviews appeals
from claimants seeking review of a benefit denial. The Court
has the authority to overturn findings of fact, regulations,
and interpretations of law.
The recommended funding level for the Court includes
funding for nine judges, although the Court is permanently
authorized to have only seven. The authority for two of the
nine judges is temporary and does not allow for replacement.
The Committee recommendation includes funding for all nine
judges and their staff in the event that the authority is
extended, with the understanding that if the authority is not
extended, the funding associated with the two unauthorized
judge positions, including staff, will be eliminated.
The Committee notes that the Court has historically
experienced an increase in appeals a year after the Board of
Veterans' Appeals (BVA) has an increase in claims, which has
been the case in fiscal year 2015. This expectation of an
increase in claims is part of the rationale for funding the
full slate of nine judges, and fully funding the Court's other
information technology and staffing requests as presented in
the budget request. The Committee directs the Court to continue
to monitor BVA's claims workload and to anticipate the
resulting requirements on the Court so that future Court budget
requests can accommodate caseloads in order to avoid a backlog.
Department of Defense--Civil Cemeterial Expenses, Army
SALARIES AND EXPENSES
Fiscal year 2015 enacted level........................ $65,800,000
Fiscal year 2016 budget request....................... 70,800,000
Committee recommendation in the bill.................. 70,800,000
Comparison with:
Fiscal year 2015 enacted level.................... 5,000,000
Fiscal year 2016 budget request................... - - -
The Secretary of the Army is responsible for the
administration, operation and maintenance of Arlington National
Cemetery (ANC) and the Soldiers' and Airmen's Home National
Cemetery. In addition to its principal function as a national
cemetery, ANC is one of the most visited sites in the
Washington, D.C. area. ANC hosts approximately 3,000 non-
funeral ceremonies and up to 4,000,000 visitors annually.
The Committee appreciates that this year the budget
proposal for ANC is properly requested within the Cemeterial
Expenses, Army account. The Committee directs that future
budget requests for all ANC requirements be included in this
account. Further, the Committee directs that budget
justification materials include an updated Capital Investment
Strategy for ANC and the Soldiers' and Airmen's Home National
Cemetery. The submitted plan should be current, and should
include a description of multi-year facilities and
infrastructure projects and the expected costs and timeline for
such projects, prioritization of the projects, and an estimate
of sustainment and operating costs after completion.
Arlington National Cemetery--The bill provides an
additional $30,000,000 within title I to enable relocation of
roads and utilities to improve traffic flow, access to Joint
Base Myer-Henderson Hall, and increase the amount of land
available for burials and interments at ANC. The project uses
the Defense Access Roads (DAR) authority granted to the
Secretary of Defense, which allows for transfers of funds to
the Federal Highway Administration. The Army requested this
project as part of the Army unfunded requirements list for
fiscal year 2016. The Committee notes that this DAR project at
the requested funding level is a one-time exception to the
prohibition on using any title I funding for ANC. Further, the
Committee directs that all funding associated with ANC
expansion be requested in this account and not in military
construction accounts. If the necessary land exchange for road
relocation does not occur, the funds will be rescinded.
Additionally, the Committee requires, at a minimum, quarterly
reports on the status of the project. The Committee notes that
providing the DAR funding so that roads can be properly
realigned is a necessary precursor to the southern expansion of
Arlington National Cemetery that is slated to begin in 2017 and
the construction of the Pentagon Memorial 9/11 Visitors
Education Center.
New National Cemetery.--The Committee continues to support
the efforts of the ANC Advisory Commission on their effort to
identify solutions for the time when ANC reaches capacity,
presently projected for the mid-2050s. With the influx of
veterans returned from conflicts in Iraq and Afghanistan alone,
it is clear a new national cemetery of the same stature as ANC
will be necessary. The Committee recommends the ANC Advisory
Commission develop metrics to determine whether the Department
of the Army should establish a new national cemetery, giving
full consideration to West Coast sites, comparable to that of
ANC. The Committee requests that the ANC Advisory Commission
develop those metrics in consultation with the Committee.
Armed Forces Retirement Home Trust Fund
OPERATION AND MAINTENANCE
Fiscal year 2015 enacted level........................ $62,400,000
Fiscal year 2016 budget request....................... 63,300,000
Committee recommendation in the bill.................. 63,300,000
Comparison with:
Fiscal year 2015 enacted level.................... 900,000
Fiscal year 2016 budget request................... - - -
The Armed Forces Retirement Home (AFRH) consists of two
retirement communities: one in Washington, D.C. and the other
in Gulfport, Mississippi. The Washington, D.C. facility was
established in 1851 as a soldiers' home for elderly and
disabled veterans. The original home for Navy officers,
sailors, and Marines was established in Philadelphia,
Pennsylvania in 1811, and was relocated to Gulfport,
Mississippi almost a century and a half later.
The Committee provides authority for the AFRH to use funds
from a Trust Fund. The Trust Fund, which is replenished from a
variety of sources, including fines and forfeitures and Active
Duty Withholding, is diminishing. Annual outlays have exceeded
revenue since 2011, and revenue continues to decline, due
primarily to a large drop in fines and forfeitures. The
Committee appreciates the proactive approach that the AFRH is
taking to keep the Trust Fund solvent so that the AFRH can
continue to properly care for its residents into perpetuity.
The Committee expects the AFRH to regularly report on the
status of efforts to stabilize the Trust Fund, including
efforts to lease property for redevelopment at the Washington,
D.C. facility.
CAPITAL PROGRAM
Fiscal year 2015 enacted level........................ $1,000,000
Fiscal year 2016 budget request....................... 1,000,000
Committee recommendation in the bill.................. 1,000,000
Comparison with:
Fiscal year 2015 enacted level.................... - - -
Fiscal year 2016 budget request................... - - -
The Committee recommendation provides authority to expend
$1,000,000 from the Armed Forces Retirement Home Trust Fund for
construction and renovations.
Administrative Provisions
The bill includes one provision that was in effect in
fiscal year 2015 and one new provision. The administrative
provisions included in the bill are as follows:
The bill includes section 301 permitting Arlington National
Cemetery to provide funds to Arlington County to relocate a
water main.
The bill includes section 302 permitting funds from
concessions at Army National Military Cemeteries to be used to
support activities at the Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
Fiscal year 2015 enacted level (title IV)............. $221,000,000
Fiscal year 2016 budget request (title IV)............ - - -
Committee recommendation in the bill (title IV)....... 532,000,000
Comparison with:
Fiscal year 2015 enacted level (title IV)......... 311,000,000
Fiscal year 2016 budget request (title IV)........ 532,000,000
Military Construction, Navy and Marine Corps
The Committee recommendation includes a new title IV,
Overseas Contingency Operations. Title IV provides $244,004,000
for Navy and Marine Corps military construction projects in the
Central Command and European Command Areas of Responsibility
that were requested in title I, Military Construction, in the
budget submission for fiscal year 2016. The Committee agrees
that the projects transferred to title IV are necessary to
support the war on terrorism and should be designated as
overseas contingency operations functions.
Military Construction, Air Force
The Committee recommendation includes a new title IV,
Overseas Contingency Operations. Title IV provides $75,000,000
for Air Force military construction projects in the Central
Command and Africa Command Areas of Responsibility that were
requested in title I, Military Construction, in the budget
submission for fiscal year 2016. The Committee agrees that the
projects transferred to title IV are necessary to support the
war on terrorism and should be designated as overseas
contingency operations functions.
Military Construction, Defense-Wide
The Committee recommendation includes a new title IV,
Overseas Contingency Operations. Title IV provides $212,996,000
for one Missile Defense Agency project and one Defense
Logistics project in the European Command and Africa Command
Areas of Responsibility that was requested in title I, Military
Construction, in the budget submission for fiscal year 2016.
The Committee agrees that the projects transferred to title IV
are necessary to support the war on terrorism and should be
designated as overseas contingency operations functions.
TITLE V
GENERAL PROVISIONS
The bill includes 12 provisions that are effective in
fiscal year 2015 and a new provision as follows:
The bill includes section 501 prohibiting the obligation of
funds beyond the current fiscal year unless expressly so
provided.
The bill includes section 502 prohibiting the use of funds
for programs, projects or activities not in compliance with
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
The bill includes section 503 encouraging all departments
and agencies funded in this Act to expand the use of ``E-
Commerce'' technologies and procedures.
The bill includes section 504 specifying the Congressional
committees that are to receive all reports and notifications.
The bill includes section 505 prohibiting the transfer of
funds to any instrumentality of the United States Government
without authority from an appropriations Act.
The bill includes section 506 prohibiting any funds in this
Act to be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of the
United States House of Representatives.
The bill includes section 507 requiring all reports
submitted to the Congress to be posted on official websites of
the submitting agency.
The bill includes section 508 prohibiting the use of funds
to establish or maintain a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography,
except for law enforcement investigation, prosecution or
adjudication activities.
The bill includes section 509 prohibiting the use of funds
for payment of first-class travel by an employee of the
executive branch.
The bill includes section 510 prohibiting the use of funds
in this Act for any contract where the contractor has not
complied with E-Verify requirements.
The bill includes section 511 prohibiting the use of funds
in this Act by the Department of Defense or the Department of
Veterans Affairs for the purchase or lease of a new vehicle
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
The bill includes section 512 prohibiting the use of funds
in this Act for the renovation, expansion, or construction of
any facility in the continental United States for the purpose
of housing any individual who has been detained at the United
States Naval Station, Guantanamo Bay, Cuba.
The bill includes a new provision, section 513,
establishing a ``Spending Reduction Account'' in the bill.
House of Representatives Report Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSIONS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table lists the
rescissions in the accompanying bill:
Department/Activity
AMOUNTS RECOMMENDED FOR RESCISSION
Department of Defense, Military Construction, Army 96,000,000
(Sec. 125)...........................................
Department of Defense, Military Construction, Air 52,600,000
Force (Sec. 126).....................................
Department of Defense, Defense-Wide (Sec. 127)........ 134,000,000
42 USC 3374 (Sec. 128)................................ 103,918,000
Department of Veterans Affairs, Medical Services (Sec. 1,400,000,000
226)*................................................
Department of Veterans Affairs, Medical Support and 100,000,000
Compliance (Sec. 226)*...............................
Department of Veterans Affairs, Medical Facilities 250,000,000
(Sec. 226)*..........................................
Department of Veterans Affairs, all FY 2016 101,000,000
discretionary funding (Sec. 233).....................
Department of Veterans Affairs, Medical Services (Sec. 197,923,000
240).................................................
Department of Veterans Affairs, Medical Support and 42,272,000
Compliance (Sec. 240)................................
Department of Veterans Affairs, Medical Facilities 15,353,000
(Sec. 240)...........................................
DOD-VA Health Care Sharing Incentive Fund (Sec. 238).. 15,000,000
*Reappropriated in the bill.
Transfer of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following statements are
submitted describing the transfer of funds provided in the
accompanying bill.
Language is included to allow for the transfer of funds
from Family Housing, Construction accounts to the Department of
Defense Family Housing Improvement Fund and funds from Military
Construction accounts to the Department of Defense Military
Unaccompanied Housing Improvement Fund.
Language is included to provide transfer authority from the
BRAC account to the Homeowners Assistance Program.
Language is included to allow the transfer of expired funds
to the ``Foreign Currency Fluctuations, Construction, Defense''
account.
Language is included to transfer not to exceed $15,562,000
in fiscal year 2016 and $16,021,000 in fiscal year 2017 from
Compensation and Pensions to General Operating Expenses,
Veterans Benefits Administration and Information Technology
Systems. These funds are for the administrative costs of
implementing cost-savings proposals required by the Omnibus
Budget Reconciliation Act of 1990 and the Veterans' Benefits
Act of 1992. Language is also included transferring funds to
the medical care collections fund to augment funding of medical
facilities for nursing home care provided to pensioners.
Language is included to permit the transfer of funds from
General Administration to General Operating Expenses, Veterans
Benefits Administration.
Language is included to permit the transfer of funds
between Information Technology Systems development projects and
among the three sub-accounts identified in bill language
subject to the approval of the Committee.
Language is included to provide authority for the
Department of Veterans Affairs for any funds appropriated in
2016 for Compensation and Pensions, Readjustment Benefits, and
Veterans Insurance and Indemnities to be transferred among
those three accounts.
Language is included to transfer funds among the Medical
Services, Medical Support and Compliance, and Medical
Facilities accounts.
Language is included to permit the funds from three life
insurance funds to be transferred to General Operating
Expenses, Veterans Benefits Administration and Information
Technology Systems for the costs of administering such
programs.
Language is included to permit up to $47,100,000 to be
transferred to General Administration and Information
Technology Systems from any funds appropriated in fiscal year
2016 to reimburse the Office of Resolution Management and the
Office of Employment Discrimination Complaint Adjudication for
services provided.
Language is included to transfer certain funds derived from
enhanced-use leasing activities to the Construction, Major
Projects and Construction, Minor Projects accounts.
Language is included to transfer funds from the Medical
Care Collections Fund to the Medical Services account.
Language is included to allow the transfer of funds from
the Capital Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts.
Language is included to allow the transfer of funds from
various accounts to the Information Technology Systems account
in an aggregate amount not to exceed ten percent of the account
appropriation, subject to approval by the Committee.
Language is included to allow the transfer of funds in
fiscal years 2016 and 2017 provided for the Department of
Veterans Affairs to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund.
Language is included permitting funds deposited to the
Medical Care Collections Fund for health care provided at a
combined Federal medical facility to be transferred to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund.
Language is included under the Department of Veterans
Affairs that would transfer no less than $15,000,000 for the
DOD/VA Health Care Sharing Incentive Fund as authorized by
section 8111(d) of title 38, United States Code.
Language is included that permits the transfer from all
discretionary accounts except General Operating Expenses,
Veterans Benefits Administration, to Medical Services, subject
to approval by the Committee.
Language is included that permits transfer of funds between
General Operating Expenses, Veterans Benefits Administration
and the Board of Veterans Appeals, subject to approval by the
Committee.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Changes in Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill that directly or indirectly change the
application of existing law.
Language is included in various parts of the bill to
continue on-going activities that require annual authorization
or additional legislation, which to date have not been enacted.
Language is included in various parts of the bill to place
limitations on the use of funds in the bill or change existing
limitations and which might, under some circumstances, be
construed as changing the application of existing law.
Language is included in various parts of the bill to allow
the Secretary of Defense to exceed certain limitations upon
notification to the Committee.
Language is included in various parts of the bill to allow
funding to be used for official reception and representation
expenses.
Language is included in various parts of the bill to enable
various appropriations to remain available for more than one
year for some programs for which the basic authority
legislation does not presently authorize such extended
availability.
Language is included in various parts of the bill to permit
the transfer of funds to other accounts.
Language is included under Title I to prohibit payments for
cost-plus-a-fixed-fee contracts under certain circumstances.
Language is included in various parts of the bill to allow
funds to be used for the hire of passenger motor vehicles.
Language is included under Title I to allow advances to the
Federal Highway Administration, Department of Transportation
under certain circumstances.
Language is included under Title I to prohibit the use of
funds to begin construction of new bases without specific
appropriations.
Language is included under Title I to prohibit the use of
funds for purchase of land or land easements under certain
circumstances.
Language is included under Title I to prohibit the use of
funds for land acquisition, site preparation, and utility
installation for family housing unless funds have been made
available in annual appropriations Acts.
Language is included under Title I to prohibit the use of
minor construction funds to transfer an activity between
installations without prior notification.
Language is included under Title I to prohibit the use of
funds for the procurement of steel for any activity if American
steel producers have been denied the opportunity to compete for
such steel procurements.
Language is included under Title I to prohibit the use of
funds to pay real property taxes in any foreign nation.
Language is included under Title I to prohibit the use of
funds to initiate a new installation overseas without prior
notification.
Language is included under Title I to limit the use of
funds for architect and engineer contracts under certain
circumstances.
Language is included under Title I to limit the use of
funds for awarding contracts to foreign contractors under
certain circumstances.
Language is included under Title I to require the
Department of Defense to notify the appropriate committees of
Congress of any proposed military exercises under certain
circumstances.
Language is included under Title I to allow prior year
construction funding to be available for currently authorized
projects.
Language is included under Title I to allow payment for the
cost associated with supervision, inspection, overhead,
engineering and design on family housing or military
construction projects that are being completed with expired or
lapsed funds.
Language is included under Title I to allow funds to be
expended on military construction projects for four fiscal
years after enactment under certain circumstances.
Language is included under Title I to allow construction
funds to be transferred to Housing Improvement Funds.
Language is included under Title I to allow for the
transfer of BRAC funds to the Homeowners Assistance Program.
Language is included under Title I to limit funds for the
operation and maintenance of family housing to those provided
in this appropriation and to limit amounts expended on repairs
of general and flag officer quarters under certain
circumstances.
Language is included under Title I to allow funds in the
Ford Island Improvement Account to be available until expended
for certain purposes.
Language is included under Title I to allow for the
transfer of expired funding to the Foreign Currency Fluctuation
Account under certain circumstances.
Language is included under Title I limiting movement of an
Army unit with a testing mission.
Language is included under Title I to prohibit funds to be
used for projects at Arlington Cemetery.
Language is included under Title I that rescinds funds from
prior year appropriations Acts.
Language is included under Title I defining the
congressional defense committees.
Language is included in Title I prohibiting funds to close
or realign Lajes Air Force Base, and prohibits funds to
construct an intelligence facility at a separate location,
unless DoD certifies that Lajes does not meet operations
requirements for certain intelligence activities.
Language is included under Title I providing additional
funds for Defense Access Roads.
Language is included under Title II to require that the
Secretary of Veterans Affairs establish a priority for
treatment of veterans who are service-connected disabled, lower
income, or have special needs.
Language is included under Title II to require that the
Secretary of Veterans Affairs give priority funding of basic
medical benefits to priority groups 1 through 6.
Language is included under Title II to allow the Secretary
of Veterans Affairs to dispense prescription drugs from VHA
facilities to enrolled veterans with privately written
prescriptions.
Language is included under Title II providing for the
reimbursement to the Department of Defense for the costs of
overseas employee mail.
Language is included under Title II to require approval of
a transfer between development, modernization, and enhancement
projects in the Information Technology Systems account.
Language is included under Title II establishing time
limitations and reporting requirements concerning the
obligation of Major Construction funds, limiting the use of
funds, and allowing the use of funds for program costs.
Language is included under Title II to allow Minor
Construction funds to be used to repair non-medical facilities
damaged by natural disaster or catastrophe.
Language is included under Title II permitting transfers
between mandatory and discretionary accounts, limiting and
providing for the use of certain funds, funding administrative
expenses associated with life insurance programs from excess
program revenues, allowing reimbursement from enhanced-use
leases and for certain services, requiring approval of new
lease agreements, requiring notification of construction bid
savings, limiting reprogramming amount major construction
projects, restricting changes in the scope of major
construction projects, requiring disclosure of insurance and
income information, allowing a recovery audit collection
program, allowing veterans in the State of Alaska to use Indian
Health Service facilities under certain conditions, allowing
medical services funds for recreational and funeral expenses,
limiting the obligation of non-recurring maintenance funds
during the last two months of the fiscal year, requiring
notification of organizational changes that transfer 25 or more
employees from one VA organizational unit to another, and
requiring approval of a reprogramming prior to any major
reallocation of medical services initiatives funding.
Language is included under the Court of Appeals for
Veterans Claims, Salaries and Expenses, to permit the use of
funds for a pro bono program.
Language is included under Cemeterial Expenses, Army,
Salaries and Expenses, to permit the use of funds for parking
maintenance and repairs.
Language is included under Title III to permit the use of
funds to relocate a water main.
Language is included under Title III to allow for the use
of concession fees.
Language is included under Title V to limit the use of
funds for Federal entities when they are not in compliance with
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
Language is included under Title V to limit the use of
funds for publicity or propaganda designed to support or defeat
legislation pending before Congress.
Language is included under Title V to prohibit the use of
funds for a project or program named for a serving Member of
the United States Congress.
Language is included under Title V prohibiting funds from
being used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
Language is included under Title V prohibiting funds from
being used to pay for first class travel in violation of
federal regulations.
Language is included under Title V prohibiting funds from
being used to execute a contract for goods or services where a
contractor has not complied with Executive Order 12989.
Language is included under Title V prohibiting funds from
being used by the Department of Defense or the Department of
Veterans Affairs for the purchase or lease of a new vehicle
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
Program Duplication
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Directed Rule Making
The bill does not direct any rule making.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets and
existing law in which no change is proposed is shown in roman):
SECTION 223 OF THE CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS
ACT, 2015
(Public Law 113-235, title II of division I)
[(including transfer of funds)
[Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2015, for
``Medical Services'', ``Medical Support and Compliance'', and
``Medical Facilities'', up to $245,398,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be transferred
from accounts designated in this section to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.]
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
--------------------------------------------
Budget Budget
authority Outlays authority Outlays
---------------------------------------------------------------------------------------------------------------
Mandatory......................................................... 94,766 94,521 94,537 \1\94,292
Discretionary..................................................... 76,589 78,246 76,589 78,245
General Purpose............................................... 76,057 78,244 76,057 78,243
Overseas Contingency Operations (OCO)/Global War on Terrorism 532 2 532 2
(GWOT).......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year authority.
n.a.: not applicable
Five-Year Projection of Outlays
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(B) of the
Congressional Budget Act of 1974, the following table contains
five-year projections prepared by the Congressional Budget
Office of outlays associated with the budget authority provided
in the accompanying bill:
[In millions of dollars]
------------------------------------------------------------------------
non-OCO OCO/GWOT
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2016...................................... \2\102,794 2
2017...................................... 5,179 101
2018...................................... 3,217 203
2019...................................... 1,847 163
2020 and future years..................... 1,185 47
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(C) of the
Congressional Budget Act of 1974, the amount of financial
assistance to State and local governments is as follows:
Millions
Budget Authority........................................ 161
Fiscal Year 2016 outlays resulting therefrom............ 11
State List
The following is a complete listing, by title, State and
country, of the Committee's recommendations for military
construction and family housing projects:
MINORITY VIEWS
The Military Construction, Veterans Affairs, and Related
Agencies appropriations bill has a long history of finding
bipartisan common ground as members work together to fund the
construction of military facilities and strive to improve the
quality of life and care afforded to our veterans and military
families.
The Majority's FY 2016 Budget Resolution locks in sequester
levels, uses gimmicks to boost defense funding, and forces an
allocation that results in slashing $1.2 billion below the
budget request for military construction and $1.4 billion below
the request for the Department of Veterans Affairs.
The VA's major construction account faces a cut of $582
million--a 51% reduction. Furthermore, the bill directs that
the remaining funding may be used only for replacement, safety,
and security projects. This language eliminates all National
Cemetery Projects for FY 2016 and puts several other projects
in jeopardy.
The Majority claims they reduced the construction account
because the half-built Veterans' Affairs Denver Hospital
project is drastically over-budget and riddled with mistakes.
We certainly agree that the VA needs to be held accountable for
the poor job in managing the Denver Hospital project; however,
no funds for the Denver Hospital were allocated in the MilCon/
VA bill. Additionally, we are not aware of any similar issues
with the projects funded in this bill, including replacement,
clinic construction, seismic improvements, or cemetery
construction. And so, we believe the Majority's budget caps and
resulting inadequate allocation--not the problems in Denver--
led to cutting construction in half. We are concerned that if
this reduction stands, it will further contribute to the gaps
in access, utilization, and safety that were already identified
in the VA's annual Strategic Capital Investment Program (SCIP)
process.
The bill provides $7.2 billion for Military Construction,
an increase of $593 million above 2015, but still $1.2 billion
below the President's request. In an effort to find a way
around the overall Defense budget cap, the bill shifts $532
million to the Overseas Contingency Operations (OCO) funding
stream, where the funding will not count against the cap. The
President's FY 2016 budget request did not call for additional
funds in the OCO account, making the Majority's funding shift
purely a gimmick to boost defense spending.
We are pleased with several aspects of the bill. For
example, the bill maintains tough but fair reporting
requirements for VISTA Modernization, which closely tracks the
VA's development of its electronic health record. The bill
continues to prioritize the elimination of the veterans' claims
backlog by fully funding the FY 2016 requests--$18.3 million
for the centralized mail initiative which consolidates inbound
paper mail from regional offices to a centralized intake site
as well as $140.8 million for the Veterans Claim Intake Program
(VCIP) to scan paper claims and convert them into digital
format. In addition, the bill includes steps to keep the Board
of Veterans Appeals ahead of the curve by requiring enhanced
reporting on the appeals backlog. We believe that these are all
positive steps to making the VA function better. Furthermore,
Chairman Dent has avoided including contentious legislative
riders.
While the House bill is only the first step in a long
process, we are concerned about the severe impact of reductions
and one-time OCO budget gimmicks. As we pointed out during full
committee markup, FY 2017 VA advance funding is going to
consume $4.6 billion of the nondefense discretionary cap;
budget problems will only get worse until we find a bipartisan
agreement to undo sequestration levels. The problems in MilCon/
VA funding must be addressed as we move through the process.
Nita M. Lowey.
Sanford D. Bishop, Jr.