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Hobbs Straus attorneys successfully obtained the first Interior Board of Contract Appeals ruling entitling a tribal school to 100% of administrative cost grant funding in Alamo Navajo School Board and Miccosukee Corporation v. BIA, IBCA 3463-3466, IBCA 3560-3562 (Dec. 4, 1997).

General Memorandum 16-010

General Memorandum 16-010
Labor-HHS-Education and Related Agencies FY 2016 Appropriations

On December 18, 2015, President Obama signed the Consolidated Appropriations Act, 2016 as PL 114-113. The Act contains funding for all federal agencies, combining what under regular procedures would be 12 separate bills. In this Memorandum we report on FY 2016 funding matters of specific tribal interest in the Labor-Health and Human Services-Education portion of the Act (Division H). In addition to the Explanatory Statement accompanying the Act, House and Senate Interior Appropriations report language (H. Rept. 114-195; S. Rept. 114-74) is to be complied with unless specifically contradicted by the bill language or the Explanatory Statement.

Highlights. A few highlights of the Labor-HHS-Education bill include:

• Tribal Behavioral Health Grants - $30 million in SAMHSA funds for this purpose, a $25 million increase over FY 2015. The funding is evenly divided between Mental Health Programs of Regional and National Significant and Substance Abuse Programs of Regional and National Significance.
• Child Care and Development Block Grant – a $326 million increase, an amount which triggers the authority of the Secretary to provide tribes with more than a two percent allocation.
• Head Start – a $570 million increase, allowing for cost of living adjustments, more funding for Early Head Start and funding for training and technical assistance, among other things.
• Pell Grants – funding to allow the maximum 2016-2017 academic year grant to reach $5,915, a $140 increase.
• Workforce Investment Act – a $4 million increase for the Tribal Section 166 Workforce Investment Act program which has been flat funded for years.
• Indian Education Act's Special Program for Indian Children – a $20 million increase for grants to improve college- and career-readiness of Native youth.
• Administration for Native Americans – a $3 million increase for a Generation Indigenous initiative focused on Native language instruction.
• National Institutes of Health - a $2 billion increase.
• Centers for Disease Control and Prevention – a $300 million increase, including $70 million to continue work in combatting prescription drug/opioid abuse.
DEPARTMENT OF LABOR

Section 166 Program for Indian Tribes, Urban Indians, Hawaiians, and Samoans

FY 2015 Enacted $46.1 million
FY 2016 Admin. Request $50.0 million
FY 2016 Enacted $50.0 million

This program, authorized under the Workforce Investment Act of 1998 (WIA), provides formula grant funding to tribes and other Native American groups for employment, training, and related services activities. See our General Memorandum 14-053 of July 11, 2014, regarding the Workforce Innovation and Opportunity Act (PL 113-128) which reauthorized the WIA. The program year begins on July 1, 2016, and ends on June 30, 2017. One percent of funding is reserved for technical assistance.

Supplemental Youth Services

FY 2015 Enacted $831.8 million
FY 2016 Admin. Request $873.4 million
FY 2016 Enacted $873.4 million

Increased funds are one-time funds designed to implement the newly enacted Workforce Innovation and Training Act. Tribes receive 1.5 percent of the funds (which in FY 2015 equaled approximately $12.3 million).

YouthBuild

FY 2015 Enacted $79.7 million
FY 2016 Admin. Request $84.5 million
FY 2016 Enacted $84.5 million

Tribal NEW (Native Employment Works) Program

Tribes receive $7.6 million annually under the NEW program as a capped entitlement program. The NEW program replaced the JOBS authorization in the welfare reform law (PL 104-193).

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Definition of Indian. The House Committee report for Labor-HHS-Education includes language very similar to that in the House Committee report for the Indian Health Service (IHS) appropriations bill which notes the problems caused by various definitions of "Indian" referenced in federal health programs and urges the Department of Health and Human Services, the IHS, and the Treasury Department to work together to establish a consistent definition of "Indian" with regard to health care.

The Committee recognizes the Federal government's trust responsibility for providing healthcare for American Indians and Alaska Natives. The Committee is aware that the definition of who is an "Indian" is inconsistent across various Federal health programs, which has led to confusion, increased paperwork and even differing determinations of health benefits within Indian families themselves. The Committee therefore encourages the Department of Health and Human Services, the Indian Health Service, and the Department of the Treasury to work together to establish a consistent definition of an "Indian" for purposes of providing health benefits. (H. Rept. 114-195, pp. 107-108)

The Interior Appropriations report "directs" the agencies to take this action, while the Labor-HHS-Education report "encourages" them to do so.

PPH Fund. The Affordable Care Act provides $17.7 billion over ten years in mandatory funding for a Prevention and Public Health Fund (PPH). Congress, through the appropriations process, transfers these funds to health prevention and public health programs. For FY 2016 the Act transfers $932 million of the PPH funds to several agencies, most of which will go to the Centers for Disease Control and Prevention (CDC). Included in the transfer of funds to the CDC is $73 million for diabetes prevention efforts; $51 million for the REACH program (Racial and Ethnic Approaches to Community Health); $160 million for the Preventive Health and Health Services Block Grant; and $126 million for the Office of Smoking and Health. There will be a $12 million transfer to SAMHSA for the Garrett Lee Smith Suicide Prevention program.

Administration for Children and Families

FY 2015 Enacted $30.6 billion
FY 2016 Admin. Request $33.7 billion
FY 2016 Enacted $32.8 billion

Temporary Assistance for Needy Families (TANF)

The Act extends the authorization of the TANF program through September 30, 2016. As of January 1, 2015, there are 70 tribal TANF grantees administering $192 million. Of the 70 tribal grantees, 15 are administering the program in PL 102-477 (Indian Employment, Training and Related Services Demonstration Act) projects.

Administration for Native Americans (ANA)
FY 2015 Enacted $46.5 million
FY 2016 Admin. Request $50.0 million
FY 2016 Enacted $50.0 million

The Explanatory Statement provides that $3 million of the amount is "for the Generation Indigenous initiative focused on improving Native American language instruction across the education continuum."

Low-Income Home Energy Assistance Program
FY 2015 Enacted $3.39 billion
FY 2016 Admin. Request $3.39 billion
FY 2016 Enacted $3.39 billion

Tribes received $38.7 million in formula grants from this program in FY 2014.

Head Start
FY 2015 Enacted $ 8.59 billion
FY 2016 Admin. Request $10.12 billion
FY 2016 Enacted $ 9.17 billion

The Explanatory Statement notes that $294 million of the increase is to support grantees in expanding to full school-day and full-school-year services. Acknowledging that this is not the amount necessary to move all programs to full day/full year basis, priority is to be given to "grantees that volunteer for this expansion and can do so in a way that limits disruption to existing programs and services." An additional $135 million of the increase is to expand Early Head Start. The Explanatory Statement voices support for Early Head Start-Child Care Partnerships, while acknowledging that such partnerships are not suited to all applicants, particularly in rural communities and clarifies that equal priority should be given to other models for expansion.

Tribes received $226.7 million from the Head Start program in FY 2014.

Child Care and Development Block Grant
Discretionary Funds:

FY 2014 Enacted $2.36 billion
FY 2015 Enacted $2.43 billion
FY 2016 Admin. Request $2.81 billion
FY 2016 Enacted $2.78 billion

Entitlement Funds:
FY 2016 $2.92 billion

By statute, tribes receive two percent of the combined total of discretionary and entitlement funds under the Child Care and Development Block Grant (CCDBG). Tribes received approximately $100 million in FY 2014 from this program. The Secretary may increase the tribal allocation above 2 percent when the discretionary funding exceeds the FY 2014 enacted level – which it does.

Promoting Safe and Stable Families Program (Title IV-B, Subpart 2)
FY 2015 Enacted $ 59.8 million discretionary +
$345.0 million mandatory

FY 2016 Admin Request $ 89.7 million discretionary +
$345.0 million mandatory

FY 2016 Enacted $ 9.8 million discretionary +
$345.0 million mandatory

Tribes and tribal consortia receive a three percent statutory allocation of the mandatory and discretionary funds. In FY 2014, tribes received $10.3 million from this program (138 tribal grantees).

Child Welfare (Title IV-B, Subpart 1)
FY 2015 Enacted $268.7 million
FY 2016 Admin. Request $268.7 million
FY 2016 Enacted $268.7 million

Although the statute does not specify a percentage or an amount of funding for tribes, tribes receive formula funds under this program which is authorized under Title IV-B, Subpart 1 of the Social Security Act. Tribes received $6.32 million from this program in FY 2014 (160+ tribal grantees).

Child Welfare Training and Demonstrations
FY 2015 Enacted $15.9 million
FY 2016 Admin. Request $15.9 million
FY 2016 Enacted $17.9 million

This program funds child welfare training and research.

Kinship Guardianship
FY 2015 Enacted $ 99 million
FY 2016 Admin. Request $123 million
FY 2016 Enacted $123 million

The Kinship Guardianship program, authorized under Title IV-E of the Social Security Act, first became available in FY 2009. It provides subsidies to a relative taking legal guardianship of a child for whom being returned home or adoption are not appropriate permanency options. Funding is on an entitlement basis.

Tribes directly administering the Title IV-E Foster Care and Adoption Assistance programs may be eligible to offer Kinship Guardianship payments. Tribes who have a Title IV-E agreement with a state may be able to access such payments through the agreement.

Chaffee Foster Care Independent Living Program
FY 2015 Enacted $140 million
FY 2016 Admin. Request $140 million
FY 2016 Enacted $140 million

Authorized under Title IV-E of the Social Security Act, the Independent Living program provides funding to assist youth who are aging out of foster care. It is a capped entitlement program, with most funds being provided to states via formula. The Fostering Connections to Success and Increasing Adoptions Act (PL 110-35l) authorized tribes with an approved Title IV-E plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Independent Living funds to serve tribal youth. Four tribes received a total of $280,000 from this program in FY 2015,
$175,000 above the FY 2014 level.

Education and Training Vouchers for Youth Leaving Foster Care
FY 2015 Enacted $43.2 million
FY 2016 Admin. Request $43.2 million
FY 2016 Enacted $43.2 million

This program, authorized under the Safe and Stable Families Amendments of 2001 (PL 107-133), provides vouchers for college or vocational/technical training for youth who age out of the foster care system. States may allow youth to participate in the voucher program up to age 23, and the maximum voucher amount is $5,000 per year. States receive funding according to their proportion of youth in foster care. The Foster Care Independence Act requires states to provide services to Indian youth aging out of foster care and to consult with tribes on these services.

The Fostering Connections to Success and Increasing Adoptions Act (PL 110-351) authorized tribes with an approved Title IV-E Foster Care and Adoption Assistance plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Education and Training Voucher funding to serve tribal youth.

Three tribes received a total of $123,000 from this program in FY 2015.

Community Services Block Grant (CSBG)
FY 2015 Enacted $729.3 million
FY 2016 Admin. Request $692.9 million
FY 2016 Enacted $770.3 million

Tribes received $5.28 million from this program in FY 2014.
Battered Women's Shelters
FY 2015 Enacted $135 million
FY 2016 Admin. Request $150 million
FY 2016 Enacted $150 million

Tribes receive ten percent of funds from the Battered Women's Shelter program, which is authorized in the Family Violence Prevention and Services Act. These funds, which are distributed through a formula, are used primarily for counseling, advocacy, and self-help services for victims and their children.

Other
Tribes receive funding through an Affordable Care Act pre-appropriated program – the Personal Responsibility Education Program which provides funding for initiatives to prevent teen pregnancy. Tribes receive $3.2 million from this program.

Under the Child and Family Services Improvement and Innovation Act
(PL112-34), $1 million is made available annually (mandatory funding) for court improvement grants for tribes. The funds are to assist courts in handing child welfare cases.

Administration for Community Living

FY 2015 Enacted $1.70 billion
FY 2016 Admin. Request $2.12 billion
FY 2016 Enacted $1.99 billion

Within the total is the following Native-specific funding:
• $31.2 million for formula grants to tribes and Native Hawaiian organizations (a $5 million increase over FY 2015). Funding is for services for the elderly including transportation, nutrition, and health screening.
• $7.5 million for competitive grants to tribes for the Native American Caregiver Support Program (a $1.5 million increase over FY 2015). Funds are to assist tribes in providing support services for family caregivers as well as for grandparents caring for grandchildren.

The Senate Committee encourages the Administration for Community Living to continue working to establish an Advisory Council specific to Native aging issues:
The Committee encourages ACL to continue with their plans to establish a Tribal Advisory Council focusing on issues that affect the aging Indian population. ACL shall continue to participate in the broader Secretary-level Tribal Advisory Council to present their latest efforts, provide advice with respect to policies and services that affect the older Indian population, help in identifying priorities, and coordinating strategies across the Tribal, regional, or national levels. (S. Rept. 114-74. (p. 140)

Substance Abuse and Mental Health Services Administration (SAMHSA)
FY 2015 Enacted $3.62 billion
FY 2016 Admin. Request $3.68 billion
FY 2016 Enacted $3.78 billion

Under the mental health programs, the Act provides the following:

• Programs of Regional and National Significance: $414 million ($36 million over FY 2015). It includes $2.9 million for the American Indian/Alaska Native Prevention Initiative (same as FY 2015) and $15 million for Tribal Behavioral Health grants ($10 million over FY 2015).
• Mental Health Block Grant: $511 million ($28 million over FY 2015)
• Children's Mental Health Services: $119 million ($2 million over FY 2015)
• Protection and Advocacy Program: $36.1 million (same as FY 2015)

Under the substance abuse programs, the Act provides the following:

• Substance Abuse Treatment Programs of Regional and National Significance: $337 million ($27 million less than FY 2015)
• Substance Abuse Treatment Block Grant: $1.77 billion ($30 million over FY 2015)
• Substance Abuse Prevention Activities of Regional and National Significance: $211 million ($36 million over FY 2015). Of the increase, $15 million is for Tribal Behavioral Health grants – no funding was provided under this account for this purpose in FY 2015.)

Health Resources and Services Administration (HRSA)

FY 2015 Enacted $6.35 billion
FY 2016 Admin. Request $6.46 billion
FY 2016 Enacted $6.38 billion

Alternative Dental Health Providers. The Act continues the prohibition on funding alternative dental health provider projects as authorized by Section 350G-1 of the Public Health Services Act.

Community Health Centers
FY 2015 Enacted $1.49 billion
FY 2016 Admin. Request $1.49 billion
FY 2016 Enacted $1.49 billion

Nurse Loan Repayment Program for Shortage Area Service
FY 2015 Enacted $81.8 million
FY 2016 Admin. Request $81.8 million
FY 2016 Enacted $83.1 million

This program repays student loans for nurses in exchange for their working at least two years in an Indian Health Service health center, Native Hawaiian health center, public hospital, community or migrant health center, or rural health clinic.

Centers of Excellence
FY 2015 Enacted $21.7 million
FY 2016 Admin. Request $25.0 million
FY 2016 Enacted $21.7 million

Centers of Excellence funds are designed to strengthen the capacity of institutions that train a significant number of minority health professionals.

Rural Outreach Grants
FY 2016 Enacted $59.0 million
FY 2016 Admin. Request $59.0 million
FY 2016 Enacted $63.5 million

Rural Outreach Grants provide resources for new and innovative delivery of health services in rural areas, including telemedicine projects.

Health Careers Opportunity Program
FY 2015 Enacted $14.2 million
FY 2016 Admin. Request -0-______
FY 2016 Enacted $14.2 million

Funding is for medical and other health professions schools and colleges for recruitment and training of non-traditional students for health professions.

Telehealth Program
FY 2015 Enacted $14.9 million
FY 2016 Admin. Request $14.9 million
FY 2016 Enacted $17.0 million

Ryan White AIDS Programs
FY 2015 Enacted $2.32 billion
FY 2016 Admin. Request $2.32 billion
FY 2016 Enacted $2.32 billion

Maternal, Infant, and Childhood Home Visiting Programs (mandatory funding)

FY 2014 $371 million
FY 2015 $400 million
FY 2016 $400 million

The Affordable Care Act created an entitlement program under Title V of the Social Security Act (Maternal and Child Health Services) for home visits to families with young children or families who are expecting children and live in communities at risk for poor maternal and child health. Three percent of funds are reserved for tribes, tribal organizations and urban Indian organizations. A grant recipient is required to conduct a needs assessment and to develop a program with measurable three-year and five-year benchmarks for demonstrating improvement in several areas, including improved maternal and newborn health and prevention of child abuse and neglect. The program was extended for FYs 2015-2017 through the Medicare Access and CHIP Act (PL 114-10) at $400 million annually.

DEPARTMENT OF EDUCATION

FY 2016 Formula Allocations and the recently enacted reauthorization of the Elementary and Education Assistance Act (ESEA). The Explanatory Statement notes that formula grants for school year 2016-2017 are to be administered as ESEA was prior to the recent authorization by the Every Student Succeeds Act (ESSA), thus providing a transition time before taking affect in the 2017-2018 school year:

The agreement includes a general provision clarifying that funds provided in this Act for ESEA formula grant programs for academic year 2016-2017 are to be administered under the provisions of the ESEA in effect prior to the reauthorization of the ESEA by the ESSA [Every Student Succeeds Act]. The transition provisions in ESSA generally call for implementation of the new law starting with the 2017-2018 school year. The general provision and the funding levels and directives included in this agreement are consistent with that intent.

Bureau of Indian Education (BIE) Allocations. We have indicated those Department of Education programs which allocate funds for BIE system schools and the amounts they received in School Year 2013-2014. Our source was the BIE FY 2016 Budget Justification. We are reporting in a separate General Memorandum on BIE-specific programs which are part of Interior, Environment and Related Agencies appropriations.

Title I, Education for the Disadvantaged

Basic Grants to Local Education Agencies (program level)
FY 2015 Enacted $6.46 billion
FY 2016 Admin. Request $6.46 billion
FY 2016 Enacted $6.46 billion

The BIE-funded schools and territories share a one percent allocation from the Title I basic and concentration grants. The BIE reported in its FY 2016 budget justification that in School Year 2013-2014, BIE schools received $92.6 million in
Title I funds.

Concentration Grants
FY 2015 Enacted $1.36 billion
FY 2016 Admin. Request $1.36 billion
FY 2016 Enacted $1.36 billion

School Improvement Grants
FY 2015 Enacted $505.7 million
FY 2016 Admin. Request $555.7 million
FY 2016 Enacted $450.0 million

Funds are provided to States and local educational agencies for use at the lowest performing schools according to student achievement results to implement one of four specific intervention models (Turnaround, Restart, School Closure, and Transformation).

Striving Readers
FY 2015 Enacted $160 million
FY 2016 Admin. Request $160 million
FY 2016 Enacted $190 million

The Striving Readers program is a comprehensive literacy program that provides services to all students from birth through twelfth grade. There is a 0.5 percent set-aside for BIE-funded schools. The BIE schools received $790,000 in School Year 2013-2014 from this program.

Impact Aid

Basic Support Payments
FY 2015 Enacted $1.15 billion
FY 2016 Admin. Request $1.15 billion
FY 2016 Enacted $1.67 billion

Payments for Children with Disabilities
FY 2015 Enacted $48.3 million
FY 2016 Admin. Request $48.3 million
FY 2016 Enacted $48.3 million

Federal Property
FY 2015 Enacted $66.8 million
FY 2016 Admin. Request _-0-_______
FY 2016 Enacted $66.8 million

Facilities Maintenance
FY 2015 Enacted $ 4.84 million
FY 2016 Admin. Request $71.64 million
FY 2016 Enacted $ 4.84 million

Construction and Renovation
FY 2015 Enacted $17.4 million
FY 2016 Admin. Request $17.4 million
FY 2016 Enacted $17.4 million

School Improvement Programs

State Grants for Improving Teacher Quality
FY 2015 Enacted $2.3 billion
FY 2016 Admin. Request $2.3 million
FY 2016 Enacted $2.3 billion

These funds are provided to states and schools to help them attain the No Child Left Behind Act (NCLBA) goal that all teachers be "highly qualified." Local uses of funds include professional development, class size reduction, recruitment and retraining of teachers and principals, merit pay, mentoring, and other activities. The NCLBA reserves 0.5 percent of the funds for this program for BIE-funded schools. In School Year 2013-2014, the BIE schools received $11.6 million.

Math and Science Partnerships
FY 2015 Enacted $152.7 million
FY 2016 Admin. Request $202.7 million
FY 2016 Enacted $152.7 million

This program provides formula grants to partnerships of state educational agencies, higher education institutions, and school districts to improve academic achievement in mathematics and science through strong teaching skills for elementary and secondary school teachers. Funds may be used to develop rigorous mathematics and science curricula, distance learning programs, and incentives to recruit college graduates holding math and science degrees into the teaching profession.

21st Century Community Learning Centers
FY 2015 Enacted $1.15 billion
FY 2016 Admin. Request $1.15 billion
FY 2016 Enacted $1.67 billion

The 21st Century Community Learning Centers program enables communities to create or expand centers that provide activities offering significant extended learning opportunities, such as before- and after-school programs for students, and related services to their families. Centers must target services to students who attend schools that are eligible to operate a school-wide program under Title I of the Elementary and Secondary Education Act or that serve high percentages of students from low-income families. Up to one percent of program funding is allocated to the BIE and outlying areas. In School Year 2013-2014, the BIE schools received $8 million from this program.

Educational Standards and Assessment
FY 2015 Enacted $378 million
FY 2016 Admin. Request $403 million
FY 2016 Enacted $378 million

Funding is distributed by formula to states and the BIE for the development and/or improvement of educational assessments and standards. The BIE receives 0.5 percent of these funds ($1.8 million was received in School Year 2013-2014).

Alaska Native Education Equity Assistance Program
FY 2015 Enacted $31.5 million
FY 2016 Admin. Request $32.5 million
FY 2016 Enacted $32.5 million

The Explanatory Statement, as was the case with last several year's appropriations reports, expresses concern about the Department of Education's process for awarding funding under this program, stating:

In awarding funds under the Alaska Native Educational Equity program, the Department shall: ensure the maximum participation of Alaska Native organizations and other required Alaska Native partners, guarantee that all grantees have meaningful plans for consultation with Alaska Native leaders, and make every effort to ensure that Alaska Natives and Alaskans represent a significant proportion of peer reviewers for grant applications.

Rural Education
FY 2015 Enacted $169.8 million
FY 2016 Admin. Request $169.8 million
FY 2016 Enacted $175.8 million

Rural education funding is divided equally between the Small, Rural School Achievement Program and the Rural and Low-Income School Program, under which the BIE-system schools receive 0.5 percent. These funds are provided to small schools that do not qualify for the Achievement program and have a child poverty rate of at least 20 percent. Under both programs, schools are able to consolidate various federal education funds. However, if schools do not meet progress goals within three years, the rural education funds must be used for Title I school improvement activities. In School Year 2013-2014, the BIE schools received $424,800 in Rural Education funds.

Indian Education Act

Grants to Local Education Agencies
FY 2015 Enacted $100.4 million
FY 2016 Admin. Request $100.4 million
FY 2016 Enacted $100.4 million

Special Programs for Indian Children
FY 2015 Enacted $17.9 million
FY 2016 Admin. Request $67.9 million
FY 2016 Enacted $37.9 million

National Activities
FY 2015 Enacted $5.6 million
FY 2016 Admin. Request $5.6 million
FY 2016 Enacted $5.6 million

The Explanatory Statement notes that within the total for Special Programs for Indian Children that "the agreement includes $22,890,000 for Native Youth Community Projects." This program makes competitive awards to support culturally-relevant coordinated strategies to improve the college- and career-readiness of Native American Youth.

In School Year 2013-2014, the BIE schools received $2.56 million in Title VII Indian Education Act formula funds.

Innovation and Improvement

Teacher Incentive Fund
FY 2015 Enacted $230 million
FY 2016 Admin. Request $350 million
FY 2016 Enacted $230 million

The Teacher Incentive Fund provides formula grants to reward effective teachers and create incentives to attract qualified teachers to high-need schools. It also provides competitive grants to design and implement performance-based compensation systems.

School Leadership
FY 2015 Enacted $16.4 million
FY 2016 Admin. Request -0-¬¬¬¬_____¬__
FY 2016 Enacted $16.4 million

The funds are for high-need Local Education Agencies (LEAs) to develop or enhance innovative programs that recruit, train, and provide support for individuals currently serving as principals (including assistant principals) and/or seeking to become principals.

Charter Schools Grants
FY 2015 Enacted $253 million
FY 2016 Admin. Request $375 million
FY 2016 Enacted $333 million

Funds are provided as competitive grants to State Education Agencies (SEAs) and charter schools for planning, design, initial implementation, and dissemination of information regarding charter schools. Funds are also allocated for state efforts to assist charter schools in obtaining facilities.

Safe Schools and Citizenship Education

Promise Neighborhoods
FY 2015 Enacted $ 56.8 million
FY 2016 Admin. Request $150.0 million
FY 2016 Enacted $ 73.3 million

The Promise Neighborhoods program provides competitive one-year planning grants and five-year implementation grants to community-based organizations for the development and implementation of comprehensive neighborhood programs that address the needs of children in distressed communities. The program includes tribal communities under Priority 3.

Elementary and Secondary School Counseling
FY 2015 Enacted $49.6 million
FY 2016 Admin. Request $49.6 million
FY 2016 Enacted $49.6 million

Carol M. White Physical Education Program
FY 2015 Enacted $47 million
FY 2016 Admin. Request $60 million
FY 2016 Enacted $47 million

National Priorities
FY 2015 Enacted $70 million
FY 2016 Admin. Request $90 million
FY 2016 enacted $75 million

English Language Acquisition Grants

FY 2015 Enacted $737.4 million
FY 2016 Admin. Request $773.4 million
FY 2016 Enacted $737.4 million

This program provides formula grants for services to limited English proficient students and professional development for teachers. There is 0.5 percent or $5 million, whichever is greater, of the language acquisition funds for BIE-system schools and other tribal, Native Hawaiian, and Pacific Islander entities for programs in schools that serve predominantly Native American children.

Individuals with Disabilities Education Act (IDEA)

State Grants and Indian Allocation
FY 2015 Enacted $11.49 billion
FY 2016 Admin. Request $11.67 billion
FY 2016 Enacted $11.91 billion

Funding is provided through Part B Section 611(a) grants to BIE-system schools for supplemental services to disabled children between the ages of 5 and 21. In School Year 2013-2014, BIE schools received $75 million under this program.

Pre-School Grants
FY 2015 Enacted $353.2 million
FY 2016 Admin. Request $403.2 million
FY 2016 Enacted $368.2 million

These are additional funds for states for services for children with disabilities ages 3-5. Formula funding is provided to tribes with BIE-system schools through Part B Section 611(3) grants. The funds are used to assist SEAs in the provision of special education and related services to children with disabilities between the ages of three and five years. Tribal funding under this program will likely be in the $18 million range.
IDEA, Part C, Grants for Infants and Families
FY 2015 Enacted $438.6 million
FY 2016 Admin. Request $503.6 billion
FY 2016 Enacted $458.6 billion

Tribes with BIE-system schools on their lands are eligible for formula funding under this program to coordinate state early intervention services to families whose infants and toddlers have disabilities. Tribal funding under this program will likely be in the $5 million range.

Vocational Rehabilitation

State Grants/Tribal Allocation
FY 2015 Enacted $3.33 billion
FY 2016 Admin. Request $3.39 billion
FY 2016 Enacted $3.39 billion

Tribes receive an allocation of one to 1.5 percent from the amount appropriated for Basic State Grants which are competitively awarded. Tribes will receive approximately $40 million from this program in FY 2016.

Career and Technical Education

Basic State Grants
FY 2015 Enacted $1.12 billion
FY 2016 Admin. Request $1.33 billion
FY 2016 Enacted $1.12 billion

Tribes and tribal organizations receive a 1.25 percent allocation of basic state grants. The tribal vocational education grants are awarded competitively.

Higher Education

Pell Grants (see Highlights section of this Memorandum)

Tribally Controlled Postsecondary Career and Technical Institutions
FY 2015 Enacted $7.70 million
FY 2016 Admin. Request $7.70 million
FY 2016 Enacted $8.28 million

These funds are authorized under the Carl Perkins Career and Technical Education Act and are provided to United Tribes Technical College and Navajo Technical University.
Strengthening Alaska Native and Native Hawaiian-Serving Institutions
FY 2015 Enacted $12.8 million discretionary +
$13.9 million mandatory
(per HEA III-F)

FY 2016 Admin. Request $12.8 million discretionary +
$13.9 million mandatory

FY 2016 Enacted $13.8 million discretionary +
$13.9 million mandatory

These funds are distributed to colleges serving at least twenty percent Alaska Native or ten percent Native Hawaiian students.

Strengthening Tribal Colleges
FY 2015 Enacted $25.6 million discretionary +
$27.8 million mandatory

FY 2016 Admin. Request $25.6 million discretionary +
$27.8 million mandatory

FY 2016 Enacted $27.6 million discretionary +
$27.8 million mandatory

Strengthening Native American Non-Tribal Institutions
FY 2015 Enacted $3.1 million discretionary +
$4.6 million mandatory

FY 2016 Admin. Request $3.1 million Request +
$4.6 million mandatory

FY 2016 enacted $3.3 million discretionary +
$4.6 million mandatory

Fund for the Improvement of Postsecondary Education (FIPSE)
FY 2015 Enacted $ 68 million
FY 2016 Admin Request $200 million
FY 2016 Enacted -0-_______

TRIO Programs
FY 2015 Enacted $839.3 million
FY 2016 Admin. Request $859.8 million
FY 2016 enacted $900.0 million

TRIO received a $60 million increase. The following are TRIO programs: Upward Bound discretionary; Veterans Upward Bound; Upward Bound Math-Science; Educational Opportunity Centers; Student Support Services; the Ronald D. McNair Post-Baccalaureate Achievement Program; Talent Search; Staff Training; Administration/Peer Review; and Evaluation.)

GEAR UP
FY 2015 Enacted $301.6 million
FY 2016 Admin. Request $301.6 million
FY 2016 Enacted $322.8 million

The Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), authorized under the Higher Education Act, is designed to help low-income elementary and secondary school students become college-ready.

Teacher Quality Partnership Grants
FY 2015 Enacted $40.6 million
FY 2016 Admin. Request -0-________
FY 2016 Enacted $43.1 million

This program, authorized under Title II of the Higher Education Act Amendments of 1998, provides grants to states for teacher preparation and recruitment.

Campus-Based Child Care
FY 2015 Enacted $15.1 million
FY 2016 Admin. Request $15.1 million
FY 2016 Enacted $15.1 million

Tribal colleges are among the eligible applicants for the program.

OFFICE OF MUSEUM AND LIBRARY SERVICES
The Act provides $4.06 million for Native American Library Services and $972,000 for Native American/Hawaiian Museum Services. These are small increases over FY 2015. The total funding for the Office of Museum and Library Services is
$230 million which is $2.2 million over FY 2015.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
FY 2015 Enacted $1.05 billion
FY 2016 Admin. Request $1.19 billion
FY 2016 Enacted $1.09 billion

The Corporation for National and Community Services has programs designated as Domestic Volunteer Services Programs (VISTA and several Senior Volunteer Corps programs) and National and Community Services Programs (including AmeriCorps).

CORPORATION FOR PUBLIC BROADCASTING

FY 2017 Enacted $445 million
FY 2017 Admin. Request $445 million
FY 2018 Enacted $445 million

Funding for the Corporation for Public Broadcasting (CPB) is provided two years in advance. The FY 2016 appropriations Act will provide FY 2018 CPB core funding, most of which is distributed via a statutory formula to public television and radio stations. In addition to the FY 2018 advance appropriations, the Act includes
$40 million in FY 2016 funds toward replacement of the public broadcasting interconnection system.

Five minority public broadcasting organizations collectively called the National Minority Consortia — Native American Public Telecommunications; Pacific Islanders in Communications; National Black Programming Consortium; Latino Public Broadcasting; and the Center for Asian American Media — receive operational and programming funds through the CPB budget. Others who receive funding from the CPB include public and community radio stations, a number of which are Native-owned, and the Independent Television Service.

Please let us know if we may provide further information or assistance regarding FY 2016 Labor-HHS-Education and Related Agencies appropriations.

# # #

Inquiries may be directed to:
Karen Funk (kfunk@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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