[114th Congress Public Law 223]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 857]]
Public Law 114-223
114th Congress
An Act
Making continuing appropriations for fiscal year 2017, and for other
purposes. <<NOTE: Sept. 29, 2016 - [H.R. 5325]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Continuing
Appropriations and Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2017, and Zika Response and Preparedness
Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations and
Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2017, and Zika Response and Preparedness Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
Sec. 6. Explanatory statement.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
Title I--Department of Health and Human Services
Title II--Department of State
Title III--General Provisions--This Division
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
DIVISION D--RESCISSIONS OF FUNDS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2017.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall
[[Page 130 STAT. 858]]
be available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
SEC. 6. EXPLANATORY STATEMENT.
(a) The explanatory statement regarding this Act, printed in the
Senate section of the Congressional Record on or about September 22,
2016, by the Chairman of the Committee on Appropriations of the Senate,
shall have the same effect with respect to the allocation of funds and
implementation of divisions A through D of this Act as if it were a
joint explanatory statement of a committee of conference.
(b) Any reference to the ``joint explanatory statement accompanying
this Act'' contained in division A of this Act shall be considered to be
a reference to the explanatory statement described in subsection (a).
DIVISION <<NOTE: Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2017.>> A--MILITARY CONSTRUCTION, VETERANS
AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $513,459,000, to remain available until September 30, 2021:
<<NOTE: Determination. Notification.>> Provided, That, of this amount,
not to exceed $98,159,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,021,580,000, to remain available until September 30,
2021: <<NOTE: Determination. Notification.>> Provided, That, of this
amount, not to exceed $88,230,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
[[Page 130 STAT. 859]]
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,491,058,000, to remain available until September 30, 2021:
<<NOTE: Determination. Notification.>> Provided, That of this amount,
not to exceed $143,582,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Air Force determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: <<NOTE: United Kingdom.>> Provided further, That
none of the funds made available under this heading shall be for
construction of the Joint Intelligence Analysis Complex Consolidation,
Phase 3, at Royal Air Force Croughton, United Kingdom, unless authorized
in an Act authorizing appropriations for fiscal year 2017 for military
construction.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$2,025,444,000, to remain available until September 30, 2021: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred:
<<NOTE: Determination. Notification.>> Provided further, That of the
amount appropriated, not to exceed $180,775,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $232,930,000, to remain available until September
30, 2021: <<NOTE: Determination. Notification.>> Provided, That, of the
amount appropriated, not to exceed $8,729,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Army National Guard
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor.
[[Page 130 STAT. 860]]
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $143,957,000, to remain available until September
30, 2021: <<NOTE: Determination. Notification.>> Provided, That, of the
amount appropriated, not to exceed $10,462,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Air National Guard
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $68,230,000, to remain
available until September 30,
2021: <<NOTE: Determination. Notification.>> Provided, That, of the
amount appropriated, not to exceed $7,500,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $38,597,000, to remain available until September 30,
2021: <<NOTE: Determination. Notification.>> Provided, That, of the
amount appropriated, not to exceed $3,783,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $188,950,000, to
remain available until September 30,
2021: <<NOTE: Determination. Notification.>> Provided, That, of the
amount appropriated, not to exceed $4,500,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the
[[Page 130 STAT. 861]]
Air Force Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $240,237,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $157,172,000, to remain available
until September 30, 2021.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $325,995,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $94,011,000, to remain
available until September 30, 2021.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $300,915,000.
[[Page 130 STAT. 862]]
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $61,352,000, to remain available until
September 30, 2021.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $274,429,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $59,157,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$3,258,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Administrative Provisions
Sec. 101. <<NOTE: Contracts.>> None of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized by
section 210 of title 23, United States Code, when projects authorized
therein are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. <<NOTE: Determinations.>> None of the funds made
available in this title shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the
Army Corps of Engineers or the Naval Facilities Engineering Command,
except: (1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the designee of the
Attorney General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be in the
public interest.
[[Page 130 STAT. 863]]
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. <<NOTE: Notification.>> None of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. <<NOTE: Contracts. Steel.>> None of the funds made
available in this title may be used for the procurement of steel for any
construction project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity to
compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. <<NOTE: Notification.>> None of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. <<NOTE: Contracts. Japan.>> None of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. <<NOTE: Contracts. Kwajalein Atoll.>> None of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract awards for which the lowest responsive and responsible bid
of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification. Military exercise. Deadline.>> The
Secretary of Defense shall inform the appropriate committees of both
Houses of Congress, including the Committees on Appropriations, of plans
and scope of any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
[[Page 130 STAT. 864]]
Sec. 116. <<NOTE: Contracts.>> Notwithstanding any other provision
of law, any funds made available to a military department or defense
agency for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such a
project or contract, at any time before the end of the fourth fiscal
year after the fiscal year for which funds for such project were made
available, if the funds obligated for such project: (1) are obligated
from funds available for military construction projects; and (2) do not
exceed the amount appropriated for such project, plus any amount by
which the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. <<NOTE: Deadline. Notification. Determination.>> Subject
to 30 days prior notification, or 14 days for a notification provided in
an electronic medium pursuant to sections 480 and 2883 of title 10,
United States Code, to the Committees on Appropriations of both Houses
of Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the Department of
Defense Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169 of
title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
Any amounts transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to which
transferred.
Sec. 119. <<NOTE: 10 USC 2821 note.>> Notwithstanding any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided, <<NOTE: Deadline. Notification.>>
That not more than $35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters without
30 days prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883 of title 10, United
States Code, to the
[[Page 130 STAT. 865]]
Committees on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the limitation is
exceeded solely due to costs associated with environmental remediation
that could not be reasonably anticipated at the time of the budget
submission: <<NOTE: Reports. Deadline.>> Provided further, That the
Under Secretary of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. <<NOTE: Time period. Determination.>> During the 5-year
period after appropriations available in this Act to the Department of
Defense for military construction and family housing operation and
maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments to such
appropriations for obligations incurred during the period of
availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and
Army contractor personnel employed exceeds 10 percent of the
total number of members of the regular and reserve components of
the Army assigned to the installation.
(b) <<NOTE: Certification. Compliance.>> Exception.--Subsection (a)
shall not apply if the Secretary of the Army certifies to the
congressional defense committees that in proposing the relocation of the
unit of the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for Army
stationing actions.
Sec. 123. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
[[Page 130 STAT. 866]]
Sec. 125. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2021:
``Military Construction, Army'', $40,500,000;
``Military Construction, Navy and Marine Corps'',
$227,099,000;
``Military Construction, Air Force'', $149,500,000;
``Military Construction, Army National Guard'', $67,500,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $30,000,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department's
unfunded priority list for fiscal year 2017 submitted to Congress by the
Secretary of Defense: Provided further, That such projects are subject
to authorization prior to obligation and expenditure of funds to carry
out construction: <<NOTE: Deadline. Expenditure plan.>> Provided
further, That not later than 30 days after enactment of this Act, the
Secretary of the military department concerned, or his or her designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
Sec. 126. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $89,400,000, to remain available until
September 30, 2021: Provided, That, such funds may only be obligated to
carry out construction projects identified by the Department of the Navy
in its June 8, 2016, unfunded priority list submission to the Committees
on Appropriations of both Houses of Congress detailing unfunded
reprogramming and emergency construction
requirements: <<NOTE: Deadline. Expenditure plan.>> Provided further,
That, not later than 30 days after enactment of this Act, the Secretary
of the Navy, or his or her designee, shall submit to the Committees an
expenditure plan for funds provided under this section.
(rescissions of funds)
Sec. 127. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are hereby
rescinded from the following accounts in the amounts specified:
``Military Construction, Army'', $29,602,000;
``Military Construction, Air Force'', $51,460,000;
``Military Construction, Defense-Wide'', $171,600,000, of
which $30,000,000 are to be derived from amounts made available
for Missile Defense Agency planning and design; and
``North Atlantic Treaty Organization Security Investment
Program'', $30,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
(rescission of funds)
Sec. 128. Of the unobligated balances made available in prior
appropriation Acts for the fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374) (other than appropriations designated by
[[Page 130 STAT. 867]]
law as being for contingency operations directly related to the global
war on terrorism or as an emergency requirement), $25,000,000 are hereby
rescinded.
Sec. 129. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional defense committees'' means the Committees on Armed
Services of the House of Representatives and the Senate, the
Subcommittee on Military Construction and Veterans Affairs of the
Committee on Appropriations of the Senate, and the Subcommittee on
Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
Sec. 130. <<NOTE: Cuba.>> None of the funds made available by this
Act may be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 131. <<NOTE: Cost
analysis. Reports. Certification.>> Notwithstanding any other provision
of law, none of the funds appropriated or otherwise made available by
this or any other Act may be used to consolidate or relocate any element
of a United States Air Force Rapid Engineer Deployable Heavy Operational
Repair Squadron Engineer (RED HORSE) outside of the United States until
the Secretary of the Air Force (1) completes an analysis and comparison
of the cost and infrastructure investment required to consolidate or
relocate a RED HORSE squadron outside of the United States versus within
the United States; (2) provides to the Committees on Appropriations of
both Houses of Congress (``the Committees'') a report detailing the
findings of the cost analysis; and (3) certifies in writing to the
Committees that the preferred site for the consolidation or relocation
yields the greatest savings for the Air Force: Provided, That the term
``United States'' in this section does not include any territory or
possession of the United States.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$90,119,449,000, to remain available until expended and to become
available on October 1, 2017: Provided, That not to exceed $17,224,000
of the amount made available for fiscal year 2018 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans Benefits
[[Page 130 STAT. 868]]
Administration'', and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical Care
Collections Fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$13,708,648,000, to remain available until expended and to become
available on October 1, 2017: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $124,504,000, to remain available until
expended, of which $107,899,000 shall become available on October 1,
2017.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2017, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $198,856,000.
vocational rehabilitation loans program account
For the cost of direct loans, $36,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,517,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $389,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
[[Page 130 STAT. 869]]
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $2,856,160,000:
<<NOTE: Determination.>> Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11) of
section 3104(a) of title 38, United States Code, that the Secretary of
Veterans Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and to obtain
and maintain suitable employment; or (2) to achieve maximum independence
in daily living, shall be charged to this account: Provided further,
That, of the funds made available under this heading, not to exceed 5
percent shall remain available until September 30, 2018.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, aid to State homes as authorized by section 1741 of
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$1,078,993,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2016; and, in addition, $44,886,554,000, plus reimbursements, shall
become available on October 1, 2017, and shall remain available until
September 30, 2018: Provided, That, of the amount made available on
October 1, 2017, under this heading, $1,400,000,000 shall remain
available until September 30, 2019: <<NOTE: Priorities.>> Provided
further, That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall establish a priority for the provision of
medical treatment for veterans who have service-connected disabilities,
lower income, or have special needs: <<NOTE: Priorities.>> Provided
further, That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall give priority funding for the provision of
basic medical benefits to veterans in enrollment priority groups 1
through 6: <<NOTE: Drugs and drug abuse. Requirements.>> Provided
further, That,
[[Page 130 STAT. 870]]
notwithstanding any other provision of law, the Secretary of Veterans
Affairs may authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: <<NOTE: Prosthetics.>> Provided
further, That the Secretary of Veterans Affairs shall ensure that
sufficient amounts appropriated under this heading for medical supplies
and equipment are available for the acquisition of prosthetics designed
specifically for female veterans: <<NOTE: Therapeutic
devices.>> Provided further, That the Secretary of Veterans Affairs
shall provide access to therapeutic listening devices to veterans
struggling with mental health related problems, substance abuse, or
traumatic brain injury.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $7,246,181,000, plus reimbursements, of which
$2,000,000,000 shall remain available until September 30, 2020; and, in
addition, $9,409,118,000 shall become available on October 1, 2017, and
shall remain available until September 30, 2018: Provided, That of the
amount made available on October 1, 2017, $1,500,000,000 shall remain
available until September 30, 2021.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$6,654,480,000, plus reimbursements, shall become available on October
1, 2017, and shall remain available until September 30, 2018: Provided,
That, of the amount made available on October 1, 2017, under this
heading, $100,000,000 shall remain available until September 30, 2019.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services; $247,668,000, which shall be in
addition to funds previously appropriated under this heading that become
available on October 1,
[[Page 130 STAT. 871]]
2016; and, in addition, $5,434,880,000, plus reimbursements, shall
become available on October 1, 2017, and shall remain available until
September 30, 2018: Provided, That, of the amount made available on
October 1, 2017, under this heading, $250,000,000 shall remain available
until September 30, 2019.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $675,366,000, plus reimbursements, shall remain
available until September 30, 2018: Provided, That the Secretary of
Veterans Affairs shall ensure that sufficient amounts appropriated under
this heading are available for prosthetic research specifically for
female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $286,193,000, of which not to exceed 10 percent
shall remain available until September 30, 2018.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $345,391,000, of which not to exceed 5 percent
shall remain available until September 30, 2018: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$156,096,000, of which not to exceed 10 percent shall remain available
until September 30, 2018.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
[[Page 130 STAT. 872]]
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,278,259,000, plus reimbursements: Provided, That $1,272,548,000
shall be for pay and associated costs, of which not to exceed
$37,100,000 shall remain available until September 30, 2018: Provided
further, That $2,534,442,000 shall be for operations and maintenance, of
which not to exceed $180,200,000 shall remain available until September
30, 2018: Provided further, That $471,269,000 shall be for information
technology systems development, modernization, and enhancement, and
shall remain available until September 30, 2018:
<<NOTE: Certification.>> Provided further, That amounts made available
for information technology systems development, modernization, and
enhancement may not be obligated or expended until the Secretary of
Veterans Affairs or the Chief Information Officer of the Department of
Veterans Affairs submits to the Committees on Appropriations of both
Houses of Congress a certification of the amounts, in parts or in full,
to be obligated and expended for each development project: Provided
further, That amounts made available for salaries and expenses,
operations and maintenance, and information technology systems
development, modernization, and enhancement may be transferred among the
three subaccounts after the Secretary of Veterans Affairs requests from
the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That amounts made available for the ``Information Technology
Systems'' account for development, modernization, and enhancement may be
transferred among projects or to newly defined projects: <<NOTE: Time
period.>> Provided further, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting a request
to the Committees on Appropriations of both Houses of Congress to make
the transfer and an approval is issued, or absent a response, a period
of 30 days has elapsed: Provided further, That funds under this heading
may be used by the Interagency Program Office through the Department of
Veterans Affairs to define data standards, code sets, and value sets
used to enable interoperability: <<NOTE: Reports.>> Provided further,
That of the funds made available for information technology systems
development, modernization, and enhancement for VistA Evolution or any
successor program, not more than 25 percent may be obligated or expended
until the Secretary of Veterans Affairs:
(1) <<NOTE: Analysis.>> submits to the Committees on
Appropriations of both Houses of Congress the VistA Evolution
Business Case and supporting documents regarding continuation of
VistA Evolution or alternatives to VistA Evolution, including an
analysis of necessary or desired capabilities, technical and
security requirements, the plan for modernizing the platform
framework, and all associated costs;
(2) <<NOTE: Strategic plan. Implementation plan.>> submits
to the Committees on Appropriations of both Houses of Congress,
and such Committees approve, the following: a report that
describes a strategic plan for VistA Evolution, or any successor
program, and the associated implementation plan including
metrics and timelines; a master schedule and lifecycle cost
estimate for VistA Evolution or any successor; and an
implementation plan for the transition
[[Page 130 STAT. 873]]
from the Project Management Accountability System to a new
project delivery framework, the Veteran-focused Integration
Process, that includes the methodology by which projects will be
tracked, progress measured, and deliverables evaluated;
(3) <<NOTE: Strategic plan.>> submits to the Committees on
Appropriations of both Houses of Congress a report outlining the
strategic plan to reach interoperability with private sector
healthcare providers, the timeline for reaching ``meaningful
use'' as defined by the Office of National Coordinator for
Health Information Technology for each data domain covered under
the VistA Evolution program, and the extent to which the
Department of Veterans Affairs leverages the State Health
Information Exchanges to share health data with private sector
providers;
(4) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the following:
a report that describes the extent to which VistA Evolution, or
any successor program, maximizes the use of commercially
available software used by DoD and the private sector, requires
an open architecture that leverages best practices and rapidly
adapts to technologies produced by the private sector, enhances
full interoperability between the VA and DoD and between VA and
the private sector, and ensures the security of personally
identifiable information of veterans and beneficiaries; and
(5) <<NOTE: Certification.>> certifies in writing to the
Committees on Appropriations of both Houses of Congress that the
Department of Veterans Affairs has met the requirements
contained in the National Defense Authorization Act of Fiscal
Year 2014 (Public Law 113-66) which require that electronic
health record systems of the Department of Defense and the
Department of Veterans Affairs have reached interoperability,
comply with national standards and architectural requirements
identified by the DoD/VA Interagency Program Office in
collaboration with the Office of National Coordinator for Health
Information Technology:
Provided further, That the funds made available under this heading for
information technology systems development, modernization, and
enhancement, shall be for the projects, and in the amounts, specified
under this heading in the joint explanatory statement accompanying this
Act.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $160,106,000, of which
not to exceed 10 percent shall remain available until September 30,
2018.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee
[[Page 130 STAT. 874]]
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition, where
the estimated cost of a project is more than the amount set forth in
section 8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $528,110,000, of which $478,110,000 shall remain
available until September 30, 2021, and of which $50,000,000 shall
remain available until expended: <<NOTE: Assessments.>> Provided, That
except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, including portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund, including needs assessments which may or may
not lead to capital investments, and salaries and associated costs of
the resident engineers who oversee those capital investments funded
through this account and contracting officers who manage specific major
construction projects, and funds provided for the purchase, security,
and maintenance of land for the National Cemetery Administration through
the land acquisition line item, none of the funds made available under
this heading shall be used for any project that has not been notified to
Congress through the budgetary process or that has not been approved by
the Congress through statute, joint resolution, or in the explanatory
statement accompanying such Act and presented to the President at the
time of enrollment: <<NOTE: Contracts. Deadlines.>> Provided further,
That funds made available under this heading for fiscal year 2017, for
each approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2017; and (2) by the
awarding of a construction contract by September 30, 2018:
<<NOTE: Reports.>> Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on Appropriations of
both Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within the
time limitations established above: Provided further, That, of the
amount made available under this heading, $222,620,000 for Veterans
Health Administration major construction projects shall not be available
until the Department of Veterans Affairs--
(1) <<NOTE: Contracts.>> enters into an agreement with an
appropriate non-Department of Veterans Affairs Federal entity to
serve as the design and/or construction agent for any Veterans
Health Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the project
design, acquisition, construction, and contract changes,
consistent with section 502 of Public Law 114-58; and
(2) <<NOTE: Certification.>> certifies in writing that such
an agreement is executed and intended to minimize or prevent
subsequent major construction project cost overruns and provides
a copy of the agreement entered into and any required
supplementary information to the Committees on Appropriations of
both Houses of Congress.
[[Page 130 STAT. 875]]
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set forth in
section 8104(a)(3)(A) of title 38, United States Code, $372,069,000, to
remain available until September 30, 2021, along with unobligated
balances of previous ``Construction, Minor Projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section:
Provided, That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $90,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2017 for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: <<NOTE: Transfer authority. Time period.>>
Provided, That, before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
[[Page 130 STAT. 876]]
(including transfer of funds)
Sec. 202. <<NOTE: Transfer authority.>> Amounts made available for
the Department of Veterans Affairs for fiscal year 2017, in this or any
other Act, under the ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical Facilities'' accounts
may be transferred among the accounts:
<<NOTE: Notification.>> Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers among
the ``Medical Services'', ``Medical Community Care'', and ``Medical
Support and Compliance'' accounts in excess of 1 percent, or exceeding
the cumulative 1 percent for the fiscal year, may take place only after
the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and ``Construction,
Minor Projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2016.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and Pensions''.
[[Page 130 STAT. 877]]
(including transfer of funds)
Sec. 208. <<NOTE: Reimbursement.>> Notwithstanding any other
provision of law, during fiscal year 2017, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States Code, and
the United States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ``General Operating
Expenses, Veterans Benefits Administration'' and ``Information
Technology Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings accumulated
in such an insurance program during fiscal year 2017 that are available
for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance program exceeds
the amount of surplus earnings accumulated in that program,
reimbursement shall be made only to the extent of such surplus earnings:
<<NOTE: Determination.>> Provided further, That the Secretary shall
determine the cost of administration for fiscal year 2017 which is
properly allocable to the provision of each such insurance program and
to the provision of any total disability income insurance included in
that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services provided
at rates which will recover actual costs but not to exceed $47,668,000
for the Office of Resolution Management and $3,932,000 for the Office of
Employment Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information Technology
Systems'' accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care
[[Page 130 STAT. 878]]
or services provided in a prior fiscal year may be obligated by the
Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, Major Projects''
and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. <<NOTE: Contracts. Alaska. Native Americans.>> The
Secretary of Veterans Affairs may enter into agreements with Federally
Qualified Health Centers in the State of Alaska and Indian tribes and
tribal organizations which are party to the Alaska Native Health Compact
with the Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. <<NOTE: Compliance.>> The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. <<NOTE: Definition.>> The
term ``rural Alaska'' shall mean those lands which are not within the
boundaries of the municipality of Anchorage or the Fairbanks North Star
Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
(rescission of funds)
Sec. 217. Of the amounts appropriated in title II of division J of
Public Law 114-113 under the heading ``Medical Services'' which become
available on October 1, 2016, $7,246,181,000 are hereby rescinded.
Sec. 218. <<NOTE: Deadline. Reports.>> Not later than 30 days
after the end of each fiscal quarter, the Secretary of Veterans Affairs
shall submit to the
[[Page 130 STAT. 879]]
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the preceding
quarter: Provided, That, at a minimum, the report shall include the
direction contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint explanatory
statement accompanying this Act.
(including transfer of funds)
Sec. 219. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National Cemetery
Administration'' accounts for fiscal year 2017 may be transferred to or
from the ``Information Technology Systems'' account: Provided, That
such transfers may not result in a more than 10 percent aggregate
increase in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided
further, <<NOTE: Transfer authority.>> That, before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 220. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
(including transfer of funds)
Sec. 221. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2017 for ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and ``Information
Technology Systems'', up to $274,731,000, 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): <<NOTE: Notification.>> 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: Provided further, That section 223 of title II of division J
of Public Law 114-113 <<NOTE: 129 Stat. 2697.>> is repealed.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of Veterans
Affairs which become available on October 1, 2017,
[[Page 130 STAT. 880]]
for ``Medical Services'', ``Medical Community Care'', ``Medical Support
and Compliance'', and ``Medical Facilities'', up to $280,802,000, 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, <<NOTE: Notification.>> 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.
(including transfer of funds)
Sec. 223. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at 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) shall also be available: (1) for transfer
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 (2) for operations 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).
(including transfer of funds)
Sec. 224. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code, to remain
available until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 225. None of the funds available to the Department of Veterans
Affairs, in this or any other Act, may be used to replace the current
system by which the Veterans Integrated Service Networks select and
contract for diabetes monitoring supplies and equipment.
Sec. 226. <<NOTE: Notification. Contracts. Deadlines.>> The
Secretary of Veterans Affairs shall notify the Committees on
Appropriations of both Houses of Congress of all bid savings in a major
construction project that total at least $5,000,000, or 5 percent of the
programmed amount of the project, whichever is less: Provided, That
such notification shall occur within 14 days of a contract identifying
the programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of Congress 14
days prior to the obligation of such bid savings and shall describe the
anticipated use of such savings.
[[Page 130 STAT. 881]]
Sec. 227. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 228. <<NOTE: Deadline. Reports.>> Not later than 30 days
after the end of each fiscal quarter, the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures and data
from each Veterans Benefits Administration Regional Office: Provided,
That, at a minimum, the report shall include the direction contained in
the section entitled ``Disability claims backlog'', under the heading
``General Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying this Act.
Sec. 229. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2017 for ``Medical Support and Compliance'' a
maximum of $40,000,000 may be obligated from the ``Medical Support and
Compliance'' account for the VistA Evolution and electronic health
record interoperability projects: <<NOTE: Notification. Electronic
records.>> Provided, That funds in addition to these amounts may be
obligated for the VistA Evolution and electronic health record
interoperability projects upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
Sec. 230. <<NOTE: Notification. Deadline.>> The Secretary of
Veterans Affairs shall provide 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 equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 231. <<NOTE: Deadline. Notification.>> The Secretary of
Veterans Affairs shall 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.
(including transfer of funds)
Sec. 232. <<NOTE: Determination. Transfer authority.>> The
Secretary of Veterans Affairs, upon determination that such action is
necessary to address needs of the Veterans Health Administration, may
transfer to the ``Medical Services'' account any discretionary
appropriations made available for fiscal year 2017 in this title (except
appropriations made to the ``General Operating Expenses, Veterans
Benefits Administration'' account) or any discretionary unobligated
balances within the Department of Veterans Affairs, including those
appropriated for fiscal year 2017, that were provided in advance by
appropriations Acts: <<NOTE: Approval.>> Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such authority to
transfer may not be used unless for higher priority items, based
[[Page 130 STAT. 882]]
on emergent healthcare requirements, than those for which originally
appropriated and in no case where the item for which funds are requested
has been denied by Congress: <<NOTE: Determination.>> Provided
further, That, upon determination that all or part of the funds
transferred from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That before
a transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 233. Amounts made available for the Department of Veterans
Affairs for fiscal year 2017, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits Administration''
accounts may be transferred between such accounts: <<NOTE: Transfer
authority.>> Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and receive approval of that request.
Sec. 234. <<NOTE: Reprogramming approval.>> The Secretary of
Veterans Affairs may not reprogram funds among major construction
projects or programs if such instance of reprogramming will exceed
$5,000,000, unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
(rescission of funds)
Sec. 235. Of the unobligated balances available within the ``DOD-VA
Health Care Sharing Incentive Fund'', $40,000,000 are hereby rescinded.
(rescissions of funds)
Sec. 236. Of the discretionary funds made available in Public Law
114-113 for the Department of Veterans Affairs for fiscal year 2017,
$134,000,000 are rescinded from ``Medical Services'', $26,000,000 are
rescinded from ``Medical Support and Compliance'', and $9,000,000 are
rescinded from ``Medical Facilities''.
Sec. 237. The amounts otherwise made available by this Act for the
following accounts of the Department of Veterans Affairs are hereby
reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and Prosthetic
Research'', $2,000,000.
(2) ``Departmental Administration--Board of Veterans
Appeals'', $500,000.
(3) ``Veterans Benefits Administration--General Operating
Expenses, Veterans Benefits Administration'', $12,000,000.
(4) ``Departmental Administration--Information Technology
Systems'', $8,000,000.
(5) ``Departmental Administration--Office of Inspector
General'', $500,000.
Sec. 238. <<NOTE: Hotline.>> The Secretary of Veterans Affairs
shall ensure that the toll-free suicide hotline under section 1720F(h)
of title 38, United States Code--
[[Page 130 STAT. 883]]
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
Sec. 239. (a) The Secretary of Veterans Affairs shall treat a
marriage and family therapist described in subsection (b) as qualified
to serve as a marriage and family therapist in the Department of
Veterans Affairs, regardless of any requirements established by the
Commission on Accreditation for Marriage and Family Therapy Education.
(b) <<NOTE: Criteria.>> A marriage and family therapist described
in this subsection is a therapist who meets each of the following
criteria:
(1) Has a masters or higher degree in marriage and family
therapy, or a related field, from a regionally accredited
institution.
(2) Is licensed as a marriage and family therapist in a
State (as defined in section 101(20) of title 38, United States
Code) and possesses the highest level of licensure offered from
the State.
(3) Has passed the Association of Marital and Family Therapy
Regulatory Board Examination in Marital and Family Therapy or a
related examination for licensure administered by a State (as so
defined).
Sec. 240. <<NOTE: Reports. Analysis.>> None of the funds in this
or any other Act may be used to close Department of Veterans Affairs
(VA) hospitals, domiciliaries, or clinics, conduct an environmental
assessment, or to diminish healthcare services at existing Veterans
Health Administration medical facilities located in Veterans Integrated
Service Network 23 as part of a planned realignment of VA services until
the Secretary provides to the Committees on Appropriations of both
Houses of Congress a report including the following elements:
(1) <<NOTE: Strategy. Plans.>> a national realignment
strategy that includes a detailed description of realignment
plans within each Veterans Integrated Service Network (VISN),
including an updated Long Range Capital Plan to implement
realignment requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost vs. benefit analysis of each planned realignment,
including the cost of replacing Veterans Health Administration
services with contract care or other outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in rural
or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings' condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in VISN
23, or any other VISN, which have been authorized or approved by
Congress.
[[Page 130 STAT. 884]]
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 242. Paragraph (3) of section 403(a) of the Veterans' Mental
Health and Other Care Improvements Act of 2008 (Public Law 110-387; 38
U.S.C. 1703 note) is amended to read as follows:
``(3) Duration.--A veteran may receive health services under
this section during the period beginning on the date specified
in paragraph (2) and ending on September 30, 2017.''.
Sec. 243. (a) Section 1722A(a) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Paragraph (1) does not apply to opioid antagonists
furnished under this chapter to a veteran who is at high risk
for overdose of a specific medication or substance in order to
reverse the effect of such an overdose.''.
(b) Section 1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health services'' and
inserting ``with respect to the following:''
``(A) Home health services''; and
(2) by adding at the end the following new subparagraph:
``(B) Education on the use of opioid antagonists to
reverse the effects of overdoses of specific medications
or substances.''.
Sec. 244. Section 312 of title 38, United States Code, is amended
in subsection (c)(1) by striking the phrase ``that makes a
recommendation or otherwise suggests corrective action,''.
Sec. 245. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2017 and fiscal year 2018 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 246. Section 5701(l) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
VA Patient Protection Act of 2016
Sec. 247. (a) Procedure and Administration.--
(1) <<NOTE: 38 USC 731 prec.>> In General.--Chapter 7 of title 38,
United States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS
``Sec. 1A731. <<NOTE: 38 USC 731.>> Whistleblower complaint
defined
``In this subchapter, the term `whistleblower complaint' means a
complaint by an employee of the Department disclosing, or assisting
another employee to disclose, a potential violation of any law, rule, or
regulation, or gross mismanagement, gross waste of funds, abuse of
authority, or substantial and specific danger to public health and
safety.
``Sec. 732. <<NOTE: 38 USC 732.>> Treatment of whistleblower
complaints
``(a) Filing.--(1) In addition to any other method established by
law in which an employee may file a whistleblower complaint, an employee
of the Department may file a whistleblower complaint in accordance with
subsection (g) with a supervisor of the employee.
[[Page 130 STAT. 885]]
``(2) Except as provided by subsection (d)(1), in making a
whistleblower complaint under paragraph (1), an employee shall file the
initial complaint with the immediate supervisor of the employee.
``(b) <<NOTE: Deadline. Determination.>> Notification.--(1)(A) Not
later than four business days after the date on which a supervisor
receives a whistleblower complaint by an employee under this section,
the supervisor shall notify, in writing, the employee of whether the
supervisor determines that there is a reasonable likelihood that the
complaint discloses a violation of any law, rule, or regulation, or
gross mismanagement, gross waste of funds, abuse of authority, or
substantial and specific danger to public health and safety.
``(B) <<NOTE: Records. Reports.>> The supervisor shall retain
written documentation regarding the whistleblower complaint and shall
submit to the next-level supervisor and the central whistleblower office
described in subsection (h) a written report on the complaint.
``(2)(A) <<NOTE: Deadlines. Reports.>> On a monthly basis, the
supervisor shall submit to the appropriate director or other official
who is superior to the supervisor a written report that includes the
number of whistleblower complaints received by the supervisor under this
section during the month covered by the report, the disposition of such
complaints, and any actions taken because of such complaints pursuant to
subsection (c).
``(B) In the case in which such a director or official carries out
this paragraph, the director or official shall submit such monthly
report to the supervisor of the director or official and to the central
whistleblower office described in subsection (h).
``(c) <<NOTE: Notification.>> Positive Determination.--If a
supervisor makes a positive determination under subsection (b)(1)
regarding a whistleblower complaint of an employee, the supervisor shall
include in the notification to the employee under such subsection the
specific actions that the supervisor will take to address the complaint.
``(d) Filing Complaint With Next-Level Supervisors.--(1) If any
circumstance described in paragraph (3) is met, an employee may file a
whistleblower complaint in accordance with subsection (g) with the next-
level supervisor who shall treat such complaint in accordance with this
section.
``(2) An employee may file a whistleblower complaint with the
Secretary if the employee has filed the whistleblower complaint to each
level of supervisors between the employee and the Secretary in
accordance with paragraph (1).
``(3) A circumstance described in this paragraph is any of the
following circumstances:
``(A) A supervisor does not make a timely determination
under subsection (b)(1) regarding a whistleblower complaint.
``(B) <<NOTE: Determination.>> The employee who made a
whistleblower complaint determines that the supervisor did not
adequately address the complaint pursuant to subsection (c).
``(C) The immediate supervisor of the employee is the basis
of the whistleblower complaint.
``(e) Transfer of Employee Who Files Whistleblower Complaint.--If a
supervisor makes a positive determination under subsection (b)(1)
regarding a whistleblower complaint filed by an employee, the Secretary
shall--
``(1) <<NOTE: Notification.>> inform the employee of the
ability to volunteer for a transfer in accordance with section
3352 of title 5; and
[[Page 130 STAT. 886]]
``(2) give preference to the employee for such a transfer in
accordance with such section.
``(f) Prohibition on Exemption.--The Secretary may not exempt any
employee of the Department from being covered by this section.
``(g) Whistleblower Complaint Form.--(1) A whistleblower complaint
filed by an employee under subsection (a) or (d) shall consist of the
form described in paragraph (2) and any supporting materials or
documentation the employee determines necessary.
``(2) <<NOTE: Consultation.>> The form described in this paragraph
is a form developed by the Secretary, in consultation with the Special
Counsel, that includes the following:
``(A) An explanation of the purpose of the whistleblower
complaint form.
``(B) Instructions for filing a whistleblower complaint as
described in this section.
``(C) An explanation that filing a whistleblower complaint
under this section does not preclude the employee from any other
method established by law in which an employee may file a
whistleblower complaint.
``(D) A statement directing the employee to information
accessible on the Internet website of the Department as
described in section 735(d).
``(E) Fields for the employee to provide--
``(i) the date that the form is submitted;
``(ii) the name of the employee;
``(iii) the contact information of the employee;
``(iv) a summary of the whistleblower complaint
(including the option to append supporting documents
pursuant to paragraph (1)); and
``(v) proposed solutions to the complaint.
``(F) Any other information or fields that the Secretary
determines appropriate.
``(3) <<NOTE: Consultation. Deadline.>> The Secretary, in
consultation with the Special Counsel, shall develop the form described
in paragraph (2) by not later than 60 days after the date of the
enactment of this section.
``(h) Central Whistleblower Office.--(1) The Secretary shall ensure
that the central whistleblower office--
``(A) is not an element of the Office of the General
Counsel;
``(B) is not headed by an official who reports to the
General Counsel;
``(C) does not provide, or receive from, the General Counsel
any information regarding a whistleblower complaint except
pursuant to an action regarding the complaint before an
administrative body or court; and
``(D) does not provide advice to the General Counsel.
``(2) The central whistleblower office shall be responsible for
investigating all whistleblower complaints of the Department, regardless
of whether such complaints are made by or against an employee who is not
a member of the Senior Executive Service.
``(3) <<NOTE: Hotline.>> The Secretary shall ensure that the
central whistleblower office maintains a toll-free hotline to
anonymously receive whistleblower complaints.
``(4) The Secretary shall ensure that the central whistleblower
office has such staff and resources as the Secretary considers necessary
to carry out the functions of the central whistleblower office.
[[Page 130 STAT. 887]]
``(5) <<NOTE: Definition.>> In this subsection, the term `central
whistleblower office' means the Office of Accountability Review or a
successor office that is established or designated by the Secretary to
investigate whistleblower complaints filed under this section or any
other method established by law.
``Sec. 733. <<NOTE: 38 USC 733.>> Adverse actions against
supervisory employees who commit prohibited
personnel actions relating to whistleblower
complaints
``(a) <<NOTE: Determination.>> In General.--(1) In accordance with
paragraph (2), the Secretary shall carry out the following adverse
actions against supervisory employees (as defined in section 7103(a) of
title 5) whom the Secretary, an administrative judge, the Merit Systems
Protection Board, the Office of Special Counsel, an adjudicating body
provided under a union contract, a Federal judge, or the Inspector
General of the Department determines committed a prohibited personnel
action described in subsection (c):
``(A) <<NOTE: Time period.>> With respect to the first
offense, an adverse action that is not less than a 12-day
suspension and not more than removal.
``(B) With respect to the second offense, removal.
``(2)(A) <<NOTE: Notification.>> An employee against whom an
adverse action under paragraph (1) is proposed is entitled to written
notice.
``(B)(i) <<NOTE: Time period.>> An employee who is notified under
subparagraph (A) of being the subject of a proposed adverse action under
paragraph (1) is entitled to 14 days following such notification to
answer and furnish evidence in support of the answer.
``(ii) If the employee does not furnish any such evidence as
described in clause (i) or if the Secretary determines that such
evidence is not sufficient to reverse the determination to propose the
adverse action, the Secretary shall carry out the adverse action
following such 14-day period.
``(C) Paragraphs (1) and (2) of subsection (b) of section 7513 of
title 5, subsection (c) of such section, paragraphs (1) and (2) of
subsection (b) of section 7543 of such title, and subsection (c) of such
section shall not apply with respect to an adverse action carried out
under paragraph (1).
``(b) Limitation on Other Adverse Actions.--With respect to a
prohibited personnel action described in subsection (c), if the
Secretary carries out an adverse action against a supervisory employee,
the Secretary may carry out an additional adverse action under this
section based on the same prohibited personnel action if the total
severity of the adverse actions do not exceed the level specified in
subsection (a).
``(c) Prohibited Personnel Action Described.--A prohibited personnel
action described in this subsection is any of the following actions:
``(1) Taking or failing to take a personnel action in
violation of section 2302 of title 5 against an employee
relating to the employee--
``(A) filing a whistleblower complaint in accordance
with section 732 of this title;
``(B) filing a whistleblower complaint with the
Inspector General of the Department, the Special
Counsel, or Congress;
[[Page 130 STAT. 888]]
``(C) providing information or participating as a
witness in an investigation of a whistleblower complaint
in accordance with section 732 or with the Inspector
General of the Department, the Special Counsel, or
Congress;
``(D) participating in an audit or investigation by
the Comptroller General of the United States;
``(E) refusing to perform an action that is unlawful
or prohibited by the Department; or
``(F) engaging in communications that are related to
the duties of the position or are otherwise protected.
``(2) Preventing or restricting an employee from making an
action described in any of subparagraphs (A) through (F) of
paragraph (1).
``(3) Conducting a negative peer review or opening a
retaliatory investigation because of an activity of an employee
that is protected by section 2302 of title 5.
``(4) Requesting a contractor to carry out an action that is
prohibited by section 4705(b) or section 4712(a)(1) of title 41,
as the case may be.
``Sec. 734. <<NOTE: 38 USC 734.>> Evaluation criteria of
supervisors and treatment of bonuses
``(a) Evaluation Criteria.--(1) In evaluating the performance of
supervisors of the Department, the Secretary shall include the criteria
described in paragraph (2).
``(2) The criteria described in this subsection are the following:
``(A) Whether the supervisor treats whistleblower complaints
in accordance with section 732 of this title.
``(B) Whether the appropriate deciding official, performance
review board, or performance review committee determines that
the supervisor was found to have committed a prohibited
personnel action described in section 733(b) of this title by an
administrative judge, the Merit Systems Protection Board, the
Office of Special Counsel, an adjudicating body provided under a
union contract, a Federal judge, or, in the case of a settlement
of a whistleblower complaint (regardless of whether any fault
was assigned under such settlement), the Secretary.
``(b) <<NOTE: Time period.>> Bonuses.--(1) The Secretary may not
pay to a supervisor described in subsection (a)(2)(B) an award or bonus
under this title or title 5, including under chapter 45 or 53 of such
title, during the one-year period beginning on the date on which the
determination was made under such subsection.
``(2) <<NOTE: Repayment.>> Notwithstanding any other provision of
law, the Secretary shall issue an order directing a supervisor described
in subsection (a)(2)(B) to repay the amount of any award or bonus paid
under this title or title 5, including under chapter 45 or 53 of such
title, if--
``(A) such award or bonus was paid for performance during a
period in which the supervisor committed a prohibited personnel
action as determined pursuant to such subsection (a)(2)(B);
``(B) <<NOTE: Determination.>> the Secretary determines
such repayment appropriate pursuant to regulations prescribed by
the Secretary to carry out this section; and
``(C) <<NOTE: Notification. Hearings.>> the supervisor is
afforded notice and an opportunity for a hearing before making
such repayment.
[[Page 130 STAT. 889]]
``Sec. 735. <<NOTE: 38 USC 735.>> Training regarding
whistleblower complaints
``(a) <<NOTE: Deadline. Coordination.>> Training.--Not less
frequently than once each year, the Secretary, in coordination with the
Whistleblower Protection Ombudsman designated under section 3(d)(1)(C)
of the Inspector General Act of 1978 (5 U.S.C. App.), shall provide to
each employee of the Department training regarding whistleblower
complaints, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower complaint;
``(2) an explanation of prohibited personnel actions
described by section 733(c) of this title;
``(3) with respect to supervisors, how to treat
whistleblower complaints in accordance with section 732 of this
title;
``(4) the right of the employee to petition Congress
regarding a whistleblower complaint in accordance with section
7211 of title 5;
``(5) an explanation that the employee may not be prosecuted
or reprised against for disclosing information to Congress, the
Inspector General, or another investigatory agency in instances
where such disclosure is permitted by law, including under
sections 5701, 5705, and 7732 of this title, under section 552a
of title 5 (commonly referred to as the Privacy Act), under
chapter 93 of title 18, and pursuant to regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191);
``(6) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(7) the right of contractors to be protected from reprisal
for the disclosure of certain information under section 4705 or
4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall ensure that
training provided under subsection (a) is provided in person.
``(c) <<NOTE: Deadline.>> Certification.--Not less frequently than
once each year, the Secretary shall provide training on merit system
protection in a manner that the Special Counsel certifies as being
satisfactory.
``(d) <<NOTE: Web posting.>> Publication.--(1) The Secretary shall
publish on the Internet website of the Department, and display
prominently at each facility of the Department, the rights of an
employee to file a whistleblower complaint, including the information
described in paragraphs (1) through (7) of subsection (a).
``(2) The Secretary shall publish on the Internet website of the
Department, the whistleblower complaint form described in section
732(g)(2).
``Sec. 736. <<NOTE: 38 USC 736.>> Reports to Congress
``(a) Annual Reports.--Not less frequently than once each year, the
Secretary shall submit to the appropriate committees of Congress a
report that includes--
``(1) with respect to whistleblower complaints filed under
section 732 of this title during the year covered by the
report--
``(A) the number of such complaints filed;
``(B) the disposition of such complaints; and
[[Page 130 STAT. 890]]
``(C) the ways in which the Secretary addressed such
complaints in which a positive determination was made by
a supervisor under subsection (b)(1) of such section;
``(2) the number of whistleblower complaints filed during
the year covered by the report that are not included under
paragraph (1), including--
``(A) the method in which such complaints were
filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints; and
``(3) with respect to disclosures made by a contractor under
section 4705 or 4712 of title 41--
``(A) the number of complaints relating to such
disclosures that were investigated by the Inspector
General of the Department of Veterans Affairs during the
year covered by the report;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints.
``(b) Notice of Office of Special Counsel Determinations.--Not
later <<NOTE: Deadline.>> than 30 days after the date on which the
Secretary receives from the Special Counsel information relating to a
whistleblower complaint pursuant to section 1213 of title 5, the
Secretary shall notify the appropriate committees of Congress of such
information, including the determination made by the Special Counsel.
``(c) <<NOTE: Definition.>> Appropriate Committees of Congress.--In
this section, the term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs and the Committee
on Homeland Security and Governmental Affairs of the Senate; and
``(2) the Committee on Veterans' Affairs and the Committee
on Oversight and Government Reform of the House of
Representatives.''.
(2) Conforming and Clerical Amendments.--
(A) <<NOTE: 38 USC 701 prec.>> Conforming amendment.--Such
chapter is further amended by inserting before section 701 the
following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter <<NOTE: 38 USC 701 prec.>> is
amended--
(i) by inserting before the item relating to section
701 the following new item:
``subchapter i--general employee matters'';
and
(ii) by adding at the end the following new items:
``subchapter ii--whistleblower complaints
``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
(b) Treatment of Congressional Testimony by Department of Veterans
Affairs Employees as Official Duty.--
[[Page 130 STAT. 891]]
(1) In general.--Subchapter I of chapter 7 of title 38,
United States Code, as designated by section 2(a)(2)(A), is
amended by adding at the end the following new section:
``Sec. 715. <<NOTE: 38 USC 715.>> Congressional testimony by
employees: treatment as official duty
``(a) Congressional Testimony.--An employee of the Department is
performing official duty during the period with respect to which the
employee is testifying in an official capacity in front of either
chamber of Congress, a committee of either chamber of Congress, or a
joint or select committee of Congress.
``(b) Travel Expenses.--The Secretary shall provide travel expenses,
including per diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, to any employee
of the Department of Veterans Affairs performing official duty described
under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such <<NOTE: 38 USC 701 prec.>> chapter, as amended
by section 2(a)(2)(B), is further amended by inserting after the
item relating to section 713 the following new item:
``715. Congressional testimony by employees: treatment as official
duty.''.
Sec. 248. (a) <<NOTE: Verification. Time period.>> In General.--For
the purposes of verifying that an individual performed service under
honorable conditions that satisfies the requirements of a coastwise
merchant seaman who is recognized pursuant to section 401 of the GI Bill
Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106 note) as
having performed active duty service for the purposes described in
subsection (c)(1), the Secretary of Defense shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no applicable
Coast Guard shipping or discharge form, ship logbook, merchant
mariner's document or Z-card, or other official employment
record is available, the Secretary of Defense shall provide such
recognition on the basis of applicable Social Security
Administration records submitted for or by the individual,
together with validated testimony given by the individual or the
primary next of kin of the individual that the individual
performed such service during the period beginning on December
7, 1941, and ending on December 31, 1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the applicable
Coast Guard shipping or discharge form, ship logbook, merchant
mariner's document or Z-card, or other official employment
record has been destroyed or otherwise become unavailable by
reason of any action committed by a person responsible for the
control and maintenance of such form, logbook, or record, the
Secretary of Defense shall accept other official documentation
demonstrating that the individual performed such service during
period beginning on December 7, 1941, and ending on December 31,
1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the Secretary
shall recognize masters of seagoing vessels or other officers in
command of similarly organized groups as agents of the United
States who were authorized to document any individual for
purposes of hiring the individual to perform
[[Page 130 STAT. 892]]
service in the merchant marine or discharging an individual from
such service.
(b) Treatment of Other Documentation.--Other documentation accepted
by the Secretary of Defense pursuant to subsection (a)(2) shall satisfy
all requirements for eligibility of service during the period beginning
on December 7, 1941, and ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection (a)
may be awarded an appropriate medal, ribbon, or other military
decoration based on such service.
(2) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of such
recognized service to any benefit that is not described in this
subsection.
Sec. 249. Section 322(d)(1) of title 38, United States Code, is
amended--
(1) by striking ``allowance to a veteran'' and inserting the
following: ``allowance to--
``(A) a veteran'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(B) a veteran with a VA service-connected disability rated
as 30 percent or greater by the Department of Veterans Affairs
who is selected by the United States Olympic Committee for the
United States Olympic Team for any month in which the veteran is
competing in any event sanctioned by the National Governing
Bodies of the United States Olympic Sports.''.
Sec. 250. (a) In General.--Section 111(b)(1) of title 38, United
States Code, is amended by adding at the end the following new
subparagraph:
``(G) A veteran with vision impairment, a veteran with a
spinal cord injury or disorder, or a veteran with double or
multiple amputations whose travel is in connection with care
provided through a special disabilities rehabilitation program
of the Department (including programs provided by spinal cord
injury centers, blind rehabilitation centers, and prosthetics
rehabilitation centers) if such care is provided--
``(i) on an in-patient basis; or
``(ii) during a period in which the Secretary
provides the veteran with temporary lodging at a
facility of the Department to make such care more
accessible to the veteran.''.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
beneficiary travel program under section 111 of title 38, United States
Code, as amended by subsection (a), that includes the following:
(1) The cost of the program.
(2) The number of veterans served by the program.
(3) Such other matters as the Secretary considers
appropriate.
[[Page 130 STAT. 893]]
(c) <<NOTE: 38 USC 111 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on the first day of the first fiscal
year that begins after the date of the enactment of this Act.
Sec. <<NOTE: Deadlines. Inspections. 38 USC 1701 note.>> 251. (a)
In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall establish a program to
conduct inspections of kitchens and food service areas at each medical
facility of the Department of Veterans Affairs. Such inspections shall
occur not less frequently than annually. The program's goal is to ensure
that the same standards for kitchens and food service areas at hospitals
in the private sector are being met at kitchens and food service areas
at medical facilities of the Department.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of Hospital
Organizations under which the Joint Commission on Accreditation
of Hospital Organizations conducts the inspections required
under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations on
terms acceptable to the Secretary, the Secretary shall seek to
enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that
of the Joint Commission on Accreditation of Hospital
Organizations.
(c) Remediation Plan.--
(1) <<NOTE: Deadlines.>> Initial failure.--If a kitchen or
food service area of a medical facility of the Department is
determined pursuant to an inspection conducted under subsection
(a) not to meet the standards for kitchens and food service
areas in hospitals in the private sector, that medical facility
fails the inspection and the Secretary shall--
(A) implement a remediation plan for that medical
facility within 72 hours; and
(B) Conduct a second inspection under subsection (a)
at that medical facility within 14 days of the failed
inspection.
(2) Second failure.--If a medical facility of the Department
fails the second inspection conducted under paragraph (1)(B),
the Secretary shall close the kitchen or food service area at
that medical facility that did not meet the standards for
kitchens and food service areas in hospitals in the private
sector until full remediation is completed and all kitchens and
food service areas at that medical facility meet such standards.
(3) <<NOTE: Contracts.>> Provision of food.--If a kitchen
or food service area is closed at a medical facility of the
Department pursuant to paragraph (2), the Director of the
Veterans Integrated Service Network in which the medical
facility is located shall enter into a contract with a vendor
approved by the General Services Administration to provide food
at the medical facility.
(d) Quarterly Reports.--Not less frequently than quarterly, the
Under Secretary of Health shall submit to Congress a report on
inspections conducted under this section, and their detailed
[[Page 130 STAT. 894]]
findings and actions taken, during the preceding quarter at medical
facilities of the Department.
Sec. 252. (a) <<NOTE: Deadlines. Inspections. 38 USC 1701 note.>>
In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall establish a program to
conduct risk-based inspections for mold and mold issues at each medical
facility of the Department of Veterans Affairs. Such facilities will be
rated high, medium, or low risk for mold. Such inspections at facilities
rated high risk shall occur not less frequently than annually, and such
inspections at facilities rated medium or low risk shall occur not less
frequently than biennially.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of Hospital
Organizations under which the Joint Commission on Accreditation
of Hospital Organizations conducts the inspections required
under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations on
terms acceptable to the Secretary, the Secretary shall seek to
enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that
of the Joint Commission on Accreditation of Hospital
Organizations.
(c) <<NOTE: Deadlines.>> Remediation Plan.--If a medical facility
of the Department is determined pursuant to an inspection conducted
under subsection (a) to have a mold issue, the Secretary shall--
(1) implement a remediation plan for that medical facility
within 7 days; and
(2) Conduct a second inspection under subsection (a) at that
medical facility within 90 days of the initial inspection.
(d) Quarterly Reports.--Not less frequently than quarterly, the
Under Secretary for Health shall submit to Congress a report on
inspections conducted under this section, and their detailed findings
and actions taken, during the preceding quarter at medical facilities of
the Department.
Sec. 253. Section 1706(b)(5)(A) of title 38, United States Code, is
amended, in the first sentence, by striking ``through 2008''.
Sec. 254. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38, United
States Code, does not exceed 125 veterans to one full-time employment
equivalent.
(b) <<NOTE: Deadline. Reports.>> Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report on the programs of rehabilitation conducted under
chapter 31 of title 38, United States Code, including--
(1) <<NOTE: Assessment.>> an assessment of the veteran-to-
staff ratio for each such program; and
(2) <<NOTE: Recommenda- tions.>> recommendations for such
action as the Secretary considers necessary to reduce the
veteran-to-staff ratio for each such program.
[[Page 130 STAT. 895]]
Sec. 255. (a) <<NOTE: Records.>> None of the funds made available
in this Act may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other materials
available to the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) <<NOTE: Compliance.>> Each Inspector General shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the establishment over which that Inspector
General has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) <<NOTE: Reports. Deadline.>> Each Inspector General covered by
this section shall report to the Committees on Appropriations of the
House of Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 256. None <<NOTE: Contracts.>> of the funds appropriated or
otherwise made available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to resolving a
dispute or claim with an individual that would restrict in any way the
individual from speaking to members of Congress or their staff on any
topic not otherwise prohibited from disclosure by Federal law or
required by Executive Order to be kept secret in the interest of
national defense or the conduct of foreign affairs.
Sec. 257. Appropriations made available in this Act under the
heading ``Medical Services'' shall be available to carry out sections
322(d) and 521A of title 38, United States Code, to include the payment
of the administrative expenses necessary to carry out such sections. Of
the amount appropriated for fiscal year 2017, up to $2,000,000 shall be
available for the payment of monthly assistance allowances to veterans
pursuant to 38 U.S.C. 322(d) and up to $8,000,000 shall be available for
the payment of grants pursuant to 38 U.S.C. 521A. Of the amounts
appropriated in advance for fiscal year 2018, up to $2,000,000 shall be
available for the payment of monthly assistance allowances to veterans
pursuant to 38 U.S.C. 322(d) and up to $8,000,000 shall be available for
the payment of grants pursuant to 38 U.S.C. 521A.
Sec. 258. (a) <<NOTE: Budget. 38 USC 303 note.>> In fiscal year
2017 and each fiscal year hereafter, beginning with the fiscal year 2018
budget request submitted to Congress pursuant to section 1105(a) of
title 31, United States Code, the budget justification documents
submitted for the ``Construction, Major Projects'' account of the
Department of Veterans Affairs shall include, at a minimum, the
information required under subsection (b).
(b) The budget justification documents submitted pursuant to
subsection (a) shall include, for each project--
(1) the estimated total cost of the project;
(2) the funding provided for each fiscal year prior to the
budget year;
(3) the amount requested for the budget year;
(4) the estimated funding required for the project for each
of the 4 fiscal years succeeding the budget year; and
[[Page 130 STAT. 896]]
(5) such additional information as is enumerated under the
heading relating to the ``Construction, Major Projects'' account
of the Department of Veterans Affairs in the joint explanatory
statement accompanying this Act.
(c) <<NOTE: Deadline.>> Not later than 45 days after the date of
enactment of this Act, the Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a proposed
budget justification template that complies with the requirements of
this section.
Sec. 259. (a) The Secretary of Veterans Affairs may carry out the
following major medical facility projects, with each project to be
carried out in an amount not to exceed the amount specified for that
project:
(1) Seismic corrections to buildings, including retrofitting
and replacement of high-risk buildings, in San Francisco,
California, in an amount not to exceed $180,480,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West Los
Angeles, California, in an amount not to exceed $105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in an
amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center in
Perry Point, Maryland, in an amount not to exceed $92,700,000.
(8) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$16,260,000.
(b) There is authorized to be appropriated to the Secretary of
Veterans Affairs for fiscal year 2016 or the year in which funds are
appropriated for the Construction, Major Projects, account,
$1,113,802,000 for the projects authorized in subsection (a).
(c) The projects authorized in subsection (a) may only be carried
out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (b);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects, for
fiscal year 2016 for a category of activity not specific to a
project;
(5) funds appropriated for Construction, Major Projects, for
a fiscal year before fiscal year 2016 for a category of activity
not specific to a project; and
[[Page 130 STAT. 897]]
(6) funds appropriated for Construction, Major Projects, for
a fiscal year after fiscal year 2016 for a category of activity
not specific to a project.
Sec. 260. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II or
III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2016 (Public Law 114-113).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor
[[Page 130 STAT. 898]]
vehicles; not to exceed $7,500 for official reception and representation
expenses; and insurance of official motor vehicles in foreign countries,
when required by law of such countries, $75,100,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $30,945,000: Provided, That
$2,500,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $70,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2019. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury to
the Trust Fund.
[[Page 130 STAT. 899]]
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
Sec. 302. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$18,900,000, to remain available until September 30, 2021, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $59,809,000, to remain available until September 30,
2021, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$88,291,000, to remain available until September 30, 2021, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $5,000,000, to remain available until September 30, 2021, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
[[Page 130 STAT. 900]]
Administrative Provision
Sec. 401. Each <<NOTE: President.>> amount designated in this Act
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 504. Unless <<NOTE: Reports. Notifications.>> stated
otherwise, all reports and notifications required by this Act shall be
submitted to the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military Construction
and Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 506. None of the funds made available in this Act may 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.
Sec. 507. (a) <<NOTE: Web posting. Reports. Determination.>> Any
agency receiving funds made available in this Act, shall, subject to
subsections (b) and (c), post on the public Web site of that agency any
report required to be submitted by the Congress in this or any other
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 508. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless
[[Page 130 STAT. 901]]
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 509. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by an
employee of the agency in contravention of sections 301-10.122 through
301-10.124 of title 41, Code of Federal Regulations.
Sec. 510. None <<NOTE: Contracts.>> of the funds made available in
this Act may be used to execute a contract for goods or services,
including construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 512. (a) <<NOTE: Cuba.>> In General.--None of the funds
appropriated or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any facility in
the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guantanamo Bay,
Cuba, for the purposes of detention or imprisonment in the custody or
under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017''.
DIVISION B-- <<NOTE: Zika Response and Preparedness Appropriations Act,
2016.>> ZIKA RESPONSE AND PREPAREDNESS
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for fiscal year 2016 for ``CDC-Wide
Activities and Program Support'', $394,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, health conditions related to such virus, and other
[[Page 130 STAT. 902]]
vector-borne diseases, domestically and internationally: Provided, That
products purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the Public Health Service
(``PHS'') Act: Provided further, That funds may be used for purchase
and insurance of official motor vehicles in foreign
countries: <<NOTE: Applicability.>> Provided further, That the
provisions in section 317S of the PHS Act shall apply to the use of
funds appropriated in this paragraph as determined by the Director of
the Centers for Disease Control and Prevention to be appropriate:
Provided further, That funds appropriated in this paragraph may be used
for grants for the construction, alteration, or renovation of non-
federally owned facilities to improve preparedness and response
capability at State and local laboratories: Provided further, That of
the amount appropriated in this paragraph, $44,000,000 is included to
supplement either fiscal year 2016 or fiscal year 2017 funds for the
Public Health Emergency Preparedness cooperative agreement program to
restore fiscal year 2016 funds that were reprogrammed for Zika virus
response prior to the enactment of this Act: Provided further, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``National
Institute of Allergy and Infectious Diseases'', $152,000,000, to remain
available until September 30, 2017, for research on the virology,
natural history, and pathogenesis of the Zika virus infection and
preclinical and clinical development of vaccines and other medical
countermeasures for the Zika virus and other vector-borne diseases,
domestically and internationally: Provided, That such funds may be
transferred by the Director of the National Institutes of Health
(``NIH'') to other accounts of the NIH for the purposes provided in this
paragraph: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Public Health
and Social Services Emergency Fund'', $387,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, health conditions related to such virus, and other vector-borne
diseases, domestically and internationally; to develop necessary
countermeasures and vaccines, including the development and purchase of
vaccines, therapeutics, diagnostics, necessary medical supplies, and
administrative activities; for carrying out section 501 of the Social
Security Act; and for carrying
[[Page 130 STAT. 903]]
out sections 330 through 336 and 338 of the PHS Act: Provided, That
funds appropriated in this paragraph may be used to procure security
countermeasures (as defined in section 319F-2(c)(1)(B) of the PHS
Act): <<NOTE: Applicability.>> Provided further, That paragraphs (1)
and (7)(C) of subsection (c) of section 319F-2 of the PHS Act, but no
other provisions of such section, shall apply to such security
countermeasures procured with funds appropriated in this paragraph:
Provided further, That products purchased with funds appropriated in
this paragraph may, at the discretion of the Secretary of Health and
Human Services, be deposited in the Strategic National Stockpile under
section 319F-2 of the PHS Act: Provided further, That funds
appropriated in this paragraph may be transferred to the fund authorized
by section 319F-4 of the PHS Act: Provided further, That of the funds
appropriated under this heading, $75,000,000, in addition to the
purposes specified above, shall also be available for necessary expenses
for support to States, territories, tribes, or tribal organizations with
active or local transmission cases of the Zika virus, as confirmed by
the Centers for Disease Control and Prevention, to reimburse the costs
of health care for health conditions related to the Zika virus, other
than costs that are covered by private health insurance, of which not
less than $60,000,000 shall be for territories with the highest rates of
Zika transmission: Provided further, That of the funds appropriated
under this heading, $20,000,000 shall be awarded, notwithstanding
section 502 of the Social Security Act, for projects of regional and
national significance in Puerto Rico and other territories authorized
under section 501 of the Social Security Act: Provided further, That of
the funds appropriated under this heading, $40,000,000 shall be used to
expand the delivery of primary health services authorized by section 330
of the PHS Act in Puerto Rico and other territories: Provided further,
That of the funds appropriated under this heading, $6,000,000 shall, for
purposes of providing primary health services in areas affected by Zika
virus or other vector-borne diseases, be used to assign National Health
Service Corps (``NHSC'') members to Puerto Rico and other territories,
notwithstanding the assignment priorities and limitations in or under
sections 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and to make
NHSC Loan Repayment Program awards under section 338B of such
Act: <<NOTE: Applicability.>> Provided further, That for purposes of
the previous proviso, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' included health
services regarding pediatric subspecialists: Provided further, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
direct hires
Sec. 101. Funds appropriated by this title may be used by the heads
of the Department of Health and Human Services, Department of State, and
the United States Agency for International Development to appoint,
without regard to the provisions of sections 3309 through 3319 of title
5 of the United States Code,
[[Page 130 STAT. 904]]
candidates needed for positions to perform critical work relating to
Zika response for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
transfer authorities
Sec. 102. Funds <<NOTE: Consultation.>> appropriated by this title
may be transferred to, and merged with, other appropriation accounts
under the headings ``Centers for Disease Control and Prevention'',
``Public Health and Social Services Emergency Fund'', and ``National
Institutes of Health'' for the purposes specified in this title
following consultation with the Office of Management and
Budget: <<NOTE: Notification.>> Provided, That the Committees on
Appropriations shall be notified 10 days in advance of any such
transfer: <<NOTE: Determination.>> Provided further, That, upon a
determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back to
that appropriation: Provided further, That none of the funds made
available by this title may be transferred pursuant to the authority in
section 205 of division H of Public Law 114-113 or section 241(a) of the
PHS Act.
reporting requirements
Sec. 103. Not <<NOTE: Spending plan.>> later than 30 days after
enactment of this Act, the Secretary of Health and Human Services shall
provide a detailed spend plan of anticipated uses of funds made
available in this title, including estimated personnel and
administrative costs, to the Committees on Appropriations: Provided,
That such plans shall be updated and submitted to the Committees on
Appropriations every 60 days until September 30, 2017.
oversight
Sec. 104. Of the funds appropriated by this title under the heading
``Public Health and Social Services Emergency Fund'', up to--
(1) $500,000 shall be transferred to, and merged with, funds
made available under the heading ``Office of the Secretary,
Office of Inspector General'', and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: <<NOTE: Consultation.>> Provided,
That the Secretary of Health and Human Services shall consult
with the Committees on Appropriations prior to obligating such
funds: Provided further, That the transfer authority provided
by this paragraph is in addition to any other transfer authority
provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: <<NOTE: Consultation.>> Provided,
That the Comptroller General shall consult with the Committees
on Appropriations prior to obligating such funds.
[[Page 130 STAT. 905]]
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Diplomatic and
Consular Programs'', $14,594,000, to remain available until September
30, 2017, for necessary expenses to support response efforts related to
the Zika virus, health conditions related to such virus, and other
vector-borne diseases: Provided, That such funds may be made available
for medical evacuation costs of any other department or agency of the
United States under Chief of Mission authority, and may be transferred
to any other appropriation of such department or agency for such costs:
Provided further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 for ``Emergencies in
the Diplomatic and Consular Service'', $4,000,000 for necessary expenses
to support response efforts related to the Zika virus, health conditions
related to such virus, and other vector-borne diseases, to remain
available until September 30, 2017: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
repatriation loans program account
For an additional amount for fiscal year 2016 for ``Repatriation
Loans Program Account'' for the cost of direct loans, $1,000,000, to
support response efforts related to the Zika virus, health conditions
related to such virus, and other vector-borne diseases, to remain
available until September 30, 2017: Provided, That such costs,
including costs of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize an additional amount of gross
obligations for the principal amount of direct loans not to exceed
$1,880,406: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 130 STAT. 906]]
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for fiscal year 2016 for ``Operating
Expenses'', $10,000,000, to remain available until September 30, 2017,
for necessary expenses to support response efforts related to the Zika
virus, health conditions related to such virus, and other vector-borne
diseases: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for fiscal year 2016 for ``Global Health
Programs'', $145,500,000, to remain available until September 30, 2017,
for necessary expenses to prevent, prepare for, and respond to the Zika
virus, health conditions related to such virus, and other vector-borne
diseases: Provided, That funds appropriated under this heading shall be
made available for vector control activities, vaccines, diagnostics, and
vector control technologies: Provided further, That funds appropriated
under this heading may be made available as contributions to the World
Health Organization, the United Nations Children's Fund, the Pan
American Health Organization, the International Atomic Energy Agency,
and the Food and Agriculture Organization: <<NOTE: Consultation.>>
Provided further, That funds made available under this heading shall be
subject to prior consultation with the Committees on Appropriations:
Provided further, That none of the funds appropriated under this heading
may be made available for the Grand Challenges for Development program:
Provided further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Funds appropriated by this title under the headings
``Diplomatic and Consular Programs'', ``Emergencies in the Diplomatic
and Consular Service'', ``Repatriation Loans Program Account'', and
``Operating Expenses'' may be transferred to, and merged with, funds
appropriated by this title under such headings to carry out the purposes
of this title.
(b) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(c) <<NOTE: Determination.>> Upon a determination that all or part
of the funds transferred pursuant to the authorities provided by this
section are
[[Page 130 STAT. 907]]
not necessary for such purposes, such amounts may be transferred back to
such appropriations.
(d) <<NOTE: Deadline. Notification.>> No funds shall be transferred
pursuant to this section unless at least 5 days prior to making such
transfer the Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate, notifies
the Committees on Appropriations in writing of the details of any such
transfer.
notification requirement
Sec. 202. Funds <<NOTE: Deadline.>> appropriated by this title
shall only be available for obligation if the Secretary of State or the
Administrator of the United States Agency for International Development,
as appropriate, notifies the Committees on Appropriations in writing at
least 15 days in advance of such obligation.
consolidated reporting requirement
Sec. 203. Not later than 30 days after enactment of this Act and
prior to the initial obligation of funds made available by this title,
the Secretary of State and the Administrator of the United States Agency
for International Development shall submit a consolidated report to the
Committees on Appropriations on the anticipated uses of such funds on a
country and project basis, including estimated personnel and
administrative costs: Provided, That such report shall be updated and
submitted to the Committees on Appropriations every 60 days until
September 30, 2017.
oversight
Sec. 204. Of the funds appropriated by this title, up to--
(1) $500,000 shall be transferred to, and merged with, funds
available under the heading ``United States Agency for
International Development, Funds Appropriated to the President,
Office of Inspector General'', and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: Provided, That the transfer
authority provided by this paragraph is in addition to any other
transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: <<NOTE: Consultation.>> Provided,
That the Secretary of State and the Comptroller General, as
appropriate, shall consult with the Committees on Appropriations
prior to obligating such funds.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
extension of authorities and provisions
Sec. 301. Unless otherwise provided for by this division, the
additional amounts appropriated pursuant to this division are subject to
the requirements for funds contained in the Consolidated Appropriations
Act, 2016 (Public Law 114-113).
[[Page 130 STAT. 908]]
personal service contractors
Sec. 302. <<NOTE: Consultation. Notification.>> Funds made
available by this division may be used to enter into contracts with
individuals for the provision of personal services (as described in
section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR
37.104)) to support the purposes of titles I and II of this division,
within the United States and abroad, subject to prior consultation with,
and the notification procedures of, the Committees on Appropriations:
Provided, That such individuals may not be deemed employees of the
United States for the purpose of any law administered by the Office of
Personnel Management: <<NOTE: Expiration date.>> Provided further,
That the authority made available pursuant to this section shall expire
on September 30, 2017.
designation retention
Sec. 303. Any amount appropriated by this division, designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985 and subsequently so designated by the President, and transferred
pursuant to transfer authorities provided by this division shall retain
such designation.
effective date
Sec. 304. This division shall become effective immediately upon
enactment of this Act.
This division may be cited as the ``Zika Response and Preparedness
Appropriations Act, 2016''.
DIVISION C-- <<NOTE: Continuing Appropriations Act, 2017.>> CONTINUING
APPROPRIATIONS ACT, 2017
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government for
fiscal year 2017, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2016 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2016, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2016
(division A of Public Law 114-113), except section 728.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016 (division B of Public Law 114-113).
(3) The Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2016 (division D of Public Law 114-113).
(5) The Financial Services and General Government
Appropriations Act, 2016 (division E of Public Law 114-113),
which
[[Page 130 STAT. 909]]
for purposes of this Act shall be treated as including section
707 of division O of Public Law 114-113.
(6) The Department of Homeland Security Appropriations Act,
2016 (division F of Public Law 114-113).
(7) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2016 (division G of Public Law 114-
113).
(8) The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2016
(division H of Public Law 114-113).
(9) The Legislative Branch Appropriations Act, 2016
(division I of Public Law 114-113).
(10) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2016 (division K of Public
Law 114-113), except title IX.
(11) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L of Public
Law 114-113), except section 420.
(b) <<NOTE: Rate reduction.>> The rate for operations provided by
subsection (a) is hereby reduced by 0.496 percent.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2016 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2016 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line item
in a budget activity within an appropriation account and an R-1 line
item that includes a program element and subprogram element within an
appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2016.
(b) <<NOTE: Contracts.>> No appropriation or funds made available
or authority granted pursuant to section 101 for the Department of
Defense shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity procurement
unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2016.
Sec. 105. Appropriations made and authority granted pursuant to
this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.
Sec. 106. <<NOTE: Expiration date.>> Unless otherwise provided for
in this Act or in the applicable appropriations Act for fiscal year
2017, appropriations and funds made available and authority granted
pursuant to this Act shall be available until whichever of the following
first occurs: (1) the enactment into law of an appropriation for any
project or activity provided for in this Act; (2) the enactment into law
[[Page 130 STAT. 910]]
of the applicable appropriations Act for fiscal year 2017 without any
provision for such project or activity; or (3) December 9, 2016.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to the
time limitations for submission and approval of apportionments set forth
in section 1513 of title 31, United States Code, but nothing in this Act
may be construed to waive any other provision of law governing the
apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2017 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would impinge
on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. <<NOTE: Continuance. Time period.>> (a) For entitlements
and other mandatory payments whose budget authority was provided in
appropriations Acts for fiscal year 2016, and for activities under the
Food and Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the authority
and conditions provided in the applicable appropriations Act for fiscal
year 2016, to be continued through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2016 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may be
apportioned up to the rate for operations necessary to avoid furloughs
within such department or agency, consistent with the applicable
appropriations Act for fiscal year 2016, except that such authority
provided under this section shall not be used until after the department
or agency has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act that
was previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985 or as
being for disaster relief pursuant to section 251(b)(2)(D) of such Act
is designated by the Congress
[[Page 130 STAT. 911]]
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of such Act or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) The reduction in section 101(b) of this Act shall not apply to--
(1) amounts designated under subsection (a) of this section;
(2) amounts made available by section 101(a) by reference to
the second paragraph under the heading ``Social Security
Administration--Limitation on Administrative Expenses'' in
division H of Public Law 114-113; or
(3) amounts made available by section 101(a) by reference to
the paragraph under the heading ``Centers for Medicare and
Medicaid Services--Health Care Fraud and Abuse Control Account''
in division H of Public Law 114-113.
(c) <<NOTE: Applicability.>> Section 6 of Public Law 114-113 shall
apply to amounts designated in subsection (a) for Overseas Contingency
Operations/Global War on Terrorism.
Sec. 115. During the period covered by this Act, discretionary
amounts appropriated for fiscal year 2017 that were provided in advance
by appropriations Acts covered by section 101 of this Act shall be
available in the amounts provided in such Acts, reduced by the
percentage in section 101(b).
Sec. 116. (a) In addition to the amounts otherwise provided by
section 101, and notwithstanding section 104, an additional amount is
provided to the Secretary of Health and Human Services to carry out the
authorizations in the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198), at a rate for operations of $17,000,000.
(b) In addition to the amounts otherwise provided by section 101,
and notwithstanding section 104, an additional amount is provided to the
Attorney General to carry out the authorizations in the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114-198), at a rate for
operations of $20,000,000.
(c) Notwithstanding any other provision of this Act, in addition to
the purposes otherwise provided for amounts that become available on
October 1, 2016, under the heading ``Department of Veterans Affairs--
Veterans Health Administration--Medical Services'' in division J of
Public Law 114-113, such amounts shall be used to implement the Jason
Simcakoski Memorial and Promise Act (title IX of Public Law 114-198) and
the amendments made by that Act.
Sec. 117. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Domestic Food Programs--Food and Nutrition
Service--Commodity Assistance Program'' at a rate for operations of
$310,139,000, of which $236,120,000 shall be for the Commodity
Supplemental Food Program.
Sec. 118. Amounts provided by section 111 to the Department of
Agriculture for ``Corporations--Commodity Credit Corporation Fund--
Reimbursement for Net Realized Losses'' may be used, prior to the
completion of the report described in section 2 of the Act of August 17,
1961 (15 U.S.C. 713a-11), to reimburse the Commodity Credit Corporation
for net realized losses sustained, but not previously reimbursed, as
reflected in the June 2016 report of its financial condition.
Sec. 119. Amounts made available by section 101 for ``Department of
Agriculture--Rural Housing Service--Rental Assistance
[[Page 130 STAT. 912]]
Program'' may be apportioned up to the rate for operations necessary to
pay ongoing debt service for the multi-family direct loan programs under
sections 514 and 515 of the Housing Act of 1949 (42 U.S.C. 1484 and
1485).
Sec. 120. <<NOTE: Applicability.>> Section 529(b)(5) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(b)(5)) shall be
applied by substituting the date specified in section 106(3) of this Act
for ``September 30, 2016''.
Sec. 121. Notwithstanding sections 101 and 102, within amounts
provided for ``Department of Defense--Operation and Maintenance,
Defense-Wide'' and ``Department of Defense--Research, Development, Test
and Evaluation, Defense-Wide'', except for amounts designated for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the Secretary of Defense may develop, replace, and
sustain Federal Government security and suitability background
investigation information technology system requirements of the Office
of Personnel Management at a rate for operations of $95,000,000.
Sec. 122. <<NOTE: Applicability.>> Section 1215(f)(1) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 10 U.S.C. 113 note), as most recently amended by section 1221 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92), shall be applied by substituting ``2017'' for ``2016'' through the
earlier of the date specified in section 106(3) of this Act or the date
of the enactment of an Act authorizing appropriations for fiscal year
2017 for military activities of the Department of Defense.
Sec. 123. <<NOTE: Apportionment authority.>> (a) Funds made
available by section 101 for ``Department of Energy--Energy Programs--
Uranium Enrichment Decontamination and Decommissioning Fund'' may be
apportioned up to the rate for operations necessary to avoid disruption
of continuing projects or activities funded in this appropriation.
(b) <<NOTE: Notification. Deadline.>> The Secretary of Energy shall
notify the Committees on Appropriations of the House of Representatives
and the Senate not later than 3 days after each use of the authority
provided in subsection (a).
Sec. 124. (a) Notwithstanding any other provision of this Act,
except section 106, the District of Columbia may expend local funds
under the heading ``District of Columbia Funds'' for such programs and
activities under the District of Columbia Appropriations Act, 2016
(title IV of division E of Public Law 114-113) at the rate set forth
under ``Part A--Summary of Expenses'' as included in the Fiscal Year
2017 Local Budget Act of 2016 (D.C. Act 21-414), as modified as of the
date of the enactment of this Act.
(b) <<NOTE: Applicability.>> During the period in which this Act is
in effect, the authority and conditions provided in the Financial
Services and General Government Appropriations Act, 2016 (division E of
Public Law 114-113) which were applicable to the obligation or
expenditure of funds by the District of Columbia for any program,
project, or activity during fiscal year 2016 shall apply to the
obligation or expenditure of funds by the District of Columbia with
respect to such program, project, or activity under any authority.
Sec. 125. (a) Notwithstanding section 101, amounts are provided for
``General Services Administration--Expenses, Presidential Transition''
for necessary expenses to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note), at a rate for operations
[[Page 130 STAT. 913]]
of $9,500,000, of which not to exceed $1,000,000 is for activities
authorized by sections 3(a)(8) and 3(a)(9) of such Act: Provided, That
such amounts may be transferred and credited to the ``Acquisition
Services Fund'' or ``Federal Buildings Fund'' to reimburse obligations
incurred prior to enactment of this Act for the purposes provided herein
related to the Presidential election in 2016: Provided further, That
amounts available under this section shall be in addition to any other
amounts available for such purposes.
(b) Notwithstanding section 101, no funds are provided by this Act
for ``General Services Administration--Pre-Election Presidential
Transition''.
Sec. 126. Notwithstanding section 101, for expenses of the Office
of Administration to carry out the Presidential Transition Act of 1963,
as amended, and similar expenses, in addition to amounts otherwise
appropriated by law, amounts are provided to ``Presidential Transition
Administrative Support'' at a rate for operations of $7,582,000:
Provided, That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of the President
and the Office of the Vice President in this Act or any other Act, to
carry out such purposes.
Sec. 127. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``District of Columbia--
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia'' for costs associated with the Presidential
Inauguration, at a rate for operations of $19,995,000.
Sec. 128. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``National Archives and
Records Administration--Operating Expenses'' to carry out the
Presidential transition responsibilities of the Archivist of the United
States under sections 2201 through 2207 of title 44, United States Code
(commonly known as the ``Presidential Records Act of 1978''), at a rate
for operations of $4,850,000.
Sec. 129. Amounts made available by section 101 for ``Small
Business Administration--Business Loans Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
increased demand for commitments for general business loans authorized
under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
Sec. 130. Amounts provided by section 101 for the Department of
Homeland Security may be obligated in the account and budget structure
set forth in the table provided by the Chief Financial Officer of the
Department to the Committees on Appropriations of the Senate and the
House of Representatives prior to the end of fiscal year 2016 pursuant
to section 563(e) of the Department of Homeland Security Appropriations
Act, 2016 (division F of Public Law 114-113).
Sec. 131. (a) Amounts made available by section 101 for ``Department
of Homeland Security--U.S. Customs and Border Protection--Operations and
Support'' may be apportioned up to the rate for operations necessary to
maintain not less than the number of staff achieved on September 30,
2016.
(b) Amounts made available by section 101 for ``Department of
Homeland Security--Transportation Security Administration--Operations
and Support'' may be apportioned up to the rate for operations necessary
to maintain not less than the number of screeners achieved on September
30, 2016.
[[Page 130 STAT. 914]]
Sec. 132. <<NOTE: Extension date.>> The authority provided by
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall
continue in effect through the date specified in section 106(3) of this
Act.
Sec. 133. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) is amended by striking ``September 30, 2017'' and
inserting ``September 30, 2018''.
Sec. 134. <<NOTE: Extension date.>> (a) The authority provided by
subsection (m)(3) of section 8162 of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) shall
continue in effect through the date specified in section 106(3) of this
Act.
(b) Section 419(b) of division G of Public Law 114-113 shall not
apply during the period covered by this Act.
Sec. 135. <<NOTE: Applicability.>> Notwithstanding section 101,
subsection 35(d) of the Mineral Leasing Act (30 U.S.C. 191(d)) shall be
applied, at a rate for operations, through the date specified in section
106(3), as if the following new paragraph were added at the end--
``(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money in
the Treasury not otherwise appropriated, $26,000,000 for fiscal
year 2017, to remain available until expended, for the
coordination and processing of oil and gas use authorizations,
to be reduced by amounts collected by the Bureau and transferred
to such Fee Account pursuant to subsection (d)(3)(A)(ii) of this
section, so as to result in a final fiscal year 2017
appropriation from the general fund estimated at not more than
$0.''.
Sec. 136. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Department of the Interior--
National Park Service--Operation of the National Park System'' for
security and visitor safety activities related to the Presidential
Inaugural Ceremonies, at a rate for operations of $4,200,000.
Sec. 137. In addition to amounts otherwise made available by
section 101, and notwithstanding section 104, amounts are provided for
``Environmental Protection Agency--Environmental Programs and
Management'' at a rate for operations of $3,000,000, to remain available
until expended, and such amounts may be apportioned up to the rate for
operations needed, for necessary expenses of activities described in
section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to such section of
such Act and deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2017 shall be retained and used for
necessary salaries and expenses under the above heading and shall remain
available until expended: Provided further, That the sum provided by
this section of this Act from the general fund for fiscal year 2017
shall be reduced by the amount of discretionary offsetting receipts
received during fiscal year 2017, so as to result in a final fiscal year
2017 appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $3,000,000, those amounts in excess of $3,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2017, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the amounts
provided under this heading by section 101, the Chemical Risk Review and
Reduction program project
[[Page 130 STAT. 915]]
shall be allocated for this fiscal year, excluding the amount of any
fees made available, not less than the amount of appropriations for that
program project for fiscal year 2014.
Sec. 138. <<NOTE: Applicability.>> Section 114(f) of the Higher
Education Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2016''.
Sec. 139. The first proviso under the heading ``Department of
Health and Human Services--Administration for Children and Families--
Payments to States for the Child Care and Development Block Grant'' in
title II of division H of Public Law 114-113 shall not apply during the
period covered by this Act.
Sec. 140. <<NOTE: Applicability.>> (a) The second proviso under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Children and Families Services Programs'' in
title II of division H of Public Law 114-113 shall be applied during the
period covered by this Act as if the following were struck from such
proviso: ``, of which $141,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act''.
(b) Amounts made available in the third proviso under the heading
``Department of Health and Human Services--Administration for Children
and Families--Children and Families Services Programs'' in title II of
division H of Public Law 114-113 shall not be included in the
calculation of the ``base grant'', as such term is used in section
640(a)(7)(A) of the Head Start Act (42 U.S.C. 9835(a)(7)(A)), during the
period described in section 106 of this Act.
Sec. 141. <<NOTE: Applicability.>> (a) Section 529 of division H of
Public Law 114-113 shall be applied by substituting ``in the Child
Enrollment Contingency Fund from the appropriation to the Fund for the
first semi-annual allotment period for fiscal year 2017 under section
2104(n)(2)(A)(ii) of the Social Security Act'' for ``or available in the
Child Enrollment Contingency Fund from appropriations to the Fund under
section 2104(n)(2)(A)(i) of the Social Security Act''; and
(b) Section 530 of division H of Public Law 114-113 shall be applied
by substituting ``$541,900,000'' for ``$4,678,500,000'' and by adding at
the end the following: ``and of the funds made available for the
purposes of carrying out section 2105(a)(3) of the Social Security Act,
$5,669,100,000 are hereby rescinded''.
Sec. 142. <<NOTE: Sami A. Takai.>> Notwithstanding any other
provision of this Act, there is appropriated for payment to Sami A.
Takai, widow of Kyle Mark Takai, late a Representative from the State of
Hawaii, $174,000.
Sec. 143. (a) Amounts made available by section 101 for ``Department
of Transportation--Federal Railroad Administration--Operating Grants to
the National Railroad Passenger Corporation'' and ``Department of
Transportation--Federal Railroad Administration--Capital and Debt
Service Grants to the National Railroad Passenger Corporation'' shall be
obligated in the account and budget structure, and under the authorities
and conditions, set forth for ``Department of Transportation--Federal
Railroad Administration--Northeast Corridor Grants to the National
Railroad Passenger Corporation'' and ``Department of Transportation--
Federal Railroad Administration--National Network Grants to the National
Railroad Passenger Corporation'' in H.R. 5394 and S. 2844, as introduced
in the One Hundred Fourteenth Congress.
[[Page 130 STAT. 916]]
(b) Amounts made available pursuant to subsection (a) are provided
for ``Department of Transportation--Federal Railroad Administration--
Northeast Corridor Grants to the National Railroad Passenger
Corporation'' at a rate for operations of $235,000,000, to remain
available until expended, and for ``Department of Transportation--
Federal Railroad Administration--National Network Grants to the National
Railroad Passenger Corporation'' at a rate for operations of
$1,155,000,000, to remain available until expended.
Sec. 144. <<NOTE: Allocation.>> Amounts made available by section
101 for ``Maritime Administration--Maritime Security Program'' shall be
allocated at an annual rate across all vessels covered by operating
agreements, as that term is used in chapter 531 of title 46, United
States Code, and the Secretary shall distribute equally all such funds
for payments due under all operating agreements in equal amounts
notwithstanding title 46, United States Code, section 53106: Provided,
That no payment shall exceed an annual rate of $3,500,000 per operating
agreement.
Sec. 145. (a) In addition to the amount otherwise provided by
section 101 for the ``Community Planning and Development, Community
Development Fund'', there is appropriated $500,000,000 for an additional
amount for fiscal year 2016, to remain available until expended, for
necessary expenses for activities authorized under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
related to disaster relief, long-term recovery, restoration of
infrastructure and housing, and economic revitalization in the most
impacted and distressed areas resulting from a major disaster declared
in 2016, and which the disaster occurred prior to the date of enactment
of this Act, pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds
shall be awarded directly to the State or unit of general local
government at the discretion of the Secretary:
<<NOTE: Grants. Certification.>> Provided further, That as a condition
of making any grant, the Secretary shall certify in advance that such
grantee has in place proficient financial controls and procurement
processes and has established adequate procedures to prevent any
duplication of benefits as defined by section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155),
to ensure timely expenditure of funds, to maintain comprehensive
websites regarding all disaster recovery activities assisted with these
funds, and to detect and prevent waste, fraud, and abuse of
funds: <<NOTE: Plan.>> Provided further, That prior to the obligation
of funds a grantee shall submit a plan to the Secretary for approval
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure and housing and economic
revitalization in the most impacted and distressed areas: Provided
further, That such funds may not be used for activities reimbursable by,
or for which funds are made available by, the Federal Emergency
Management Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not be considered relevant
to the non-disaster formula allocations made pursuant to section 106 of
the Housing and Community Development Act of 1974 (42 U.S.C. 5306):
Provided further, That a State or subdivision thereof may use up to 5
percent of its allocation for administrative costs: <<NOTE: Waiver
requirement.>> Provided further, That in administering the funds under
this heading, the Secretary of Housing and Urban Development
[[Page 130 STAT. 917]]
may waive, or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient of these
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), if the
Secretary finds that good cause exists for the waiver or alternative
requirement and such waiver or alternative requirement would not be
inconsistent with the overall purpose of title I of the Housing and
Community Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds provided
under this heading that use such funds to supplement Federal assistance
provided under section 402, 403, 404, 406, 407, or 502 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) may adopt, without review or public comment, any environmental
review, approval, or permit performed by a Federal agency, and such
adoption shall satisfy the responsibilities of the recipient with
respect to such environmental review, approval or permit: Provided
further, That, notwithstanding section 104(g)(2) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary
may, upon receipt of a request for release of funds and certification,
immediately approve the release of funds for an activity or project
assisted under this heading if the recipient has adopted an
environmental review, approval or permit under the preceding proviso or
the activity or project is categorically excluded from review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.): <<NOTE: Federal Register, publication. Notice. Waiver
requirement. Deadline.>> Provided further, That the Secretary shall
publish via notice in the Federal Register any waiver, or alternative
requirement, to any statute or regulation that the Secretary administers
pursuant to title I of the Housing and Community Development Act of 1974
no later than 5 days before the effective date of such waiver or
alternative requirement: Provided further, That amounts provided under
this section shall be designated by Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and Urban
Development for administrative costs of the Office of Community Planning
and Development associated with funds appropriated to the Department for
specific disaster relief and related purposes and designated by Congress
as an emergency requirement pursuant to a Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act,
including information technology costs and costs for administering and
overseeing such specific disaster related funds, shall be transferred to
the Program Office Salaries and Expenses, Community Planning and
Development account for the Department, shall remain available until
expended, and may be used for such administrative costs for
administering any funds appropriated to the Department for any disaster
relief and related purposes in any prior or future act, notwithstanding
the purposes for which such funds were appropriated:
Provided, <<NOTE: President.>> That the amounts transferred pursuant to
this section that were previously designated by Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act are designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced
[[Page 130 STAT. 918]]
Budget and Emergency Deficit Control Act of 1985 and shall be
transferred only if the President subsequently so designates the entire
transfer and transmits such designation to the Congress.
(c) <<NOTE: Effective date.>> This section shall become effective
immediately upon enactment of this Act.
This division may be cited as the ``Continuing Appropriations Act,
2017''.
DIVISION D--RESCISSIONS OF FUNDS
Sec. 101. (a) Of the unobligated balances available from prior year
appropriations under the heading ``Department of Commerce, Economic
Development Administration, Economic Development Assistance Programs''
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, $10,000,000 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(b) Of the unobligated balances available from amounts provided
under the heading ``Department of Commerce, National Oceanic and
Atmospheric Administration, Operations, Research, and Facilities'' in
title II of Public Law 111-212 for responding to economic impacts of
fisherman and fishery dependent businesses, $13,000,000 is rescinded
immediately upon enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Of the unobligated balances available from amounts provided
under the heading ``Department of Homeland Security, Office of the
Secretary and Executive Management'' in Public Law 109-148, $279,045 is
rescinded immediately upon enactment of this Act: Provided, That such
amounts are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(d) Of the unobligated balances available under the heading
``Department of Homeland Security, U.S. Customs and Border Protection,
Salaries and Expenses'' from emergency funds in Public Law 107-206 and
earlier laws transferred to the Department of Homeland Security when it
was created in 2003, $39,246 is rescinded immediately upon enactment of
this Act: Provided, That such amounts are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(e) Of the unobligated balances available from amounts provided
under the heading ``Department of Homeland Security, United States Coast
Guard, Acquisition, Construction, and Improvements'' in Public Law 110-
329, Public Law 109-148 and Public Law 109-234, $48,075,920 is rescinded
immediately upon enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(f) Of the unobligated balances available under the heading
``Department of Homeland Security, Federal Emergency Management Agency,
Administrative and Regional Operations'' in Public Law 109-234, $731,790
is rescinded immediately upon enactment
[[Page 130 STAT. 919]]
of this Act: Provided, That such amounts are designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(g) Of the unobligated amounts made available under section
1323(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C.
18043(c)(1)), $168,100,000 is rescinded immediately upon enactment of
this Act.
(h) Of the unobligated balances available under the heading
``Operating Expenses'' in title IX of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235), $7,522,000 is rescinded immediately upon enactment
of this Act: Provided, That such amounts are designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(i) Of the unobligated balances of appropriations made available
under the heading ``Bilateral Economic Assistance, Funds Appropriated to
the President'' in title IX of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235), $109,478,000 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(j) Of the unobligated balances available from amounts provided
under the heading ``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment'' in Public Law 109-148,
$4,384,920 is rescinded immediately upon enactment of this Act:
Provided, That such amounts are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(k) Of the unobligated balances available from amounts provided
under the heading ``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment'' in Public Law 102-368,
$990,277 is rescinded immediately upon enactment of this Act: Provided,
That such amounts are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(l) Of the unobligated balances available to the Department of
Transportation from amounts provided under section 108 of Public Law
101-130, $37,400,000 is rescinded immediately upon enactment of this
Act: Provided, That such amounts are designated by the Congress as an
emergency requirement pursuant to section
[[Page 130 STAT. 920]]
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Approved September 29, 2016.
LEGISLATIVE HISTORY--H.R. 5325 (S. 2955):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 114-594 (Comm. on Appropriations).
SENATE REPORTS: No. 114-258 (Comm. on Appropriations) accompanying
S. 2955.
CONGRESSIONAL RECORD, Vol. 162 (2016):
June 9, 10, considered and passed House.
Sept. 22, 26, 27, considered in Senate.
Sept. 28, considered and passed Senate, amended. House
concurred in Senate amendment.
<all>