[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2577 Public Print (PP)]
<DOC>
114th CONGRESS
2d Session
H. R. 2577
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2016, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2016
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2016, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Transportation, and Housing and
Urban Development, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes, namely:
<DELETED>TITLE I</DELETED>
<DELETED>DEPARTMENT OF TRANSPORTATION</DELETED>
<DELETED>Office of the Secretary</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Office of the Secretary,
$105,000,000 (reduced by $3,000,000) (reduced by $500,000) (reduced by
$4,000,000) (reduced by $4,000,000), of which not to exceed $2,734,000
shall be available for the immediate Office of the Secretary; not to
exceed $1,025,000 shall be available for the immediate Office of the
Deputy Secretary; not to exceed $20,066,000 (reduced by $2,000,000)
shall be available for the Office of the General Counsel; not to exceed
$9,310,000 (reduced by $1,000,000) (reduced by $500,000) shall be
available for the Office of the Under Secretary of Transportation for
Policy; not to exceed $12,808,000 (reduced by $4,000,000) (reduced by
$1,000,000) shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,500,000 (reduced by
$250,000) shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $26,029,000 (reduced by
$500,000) (reduced by $2,000,000) shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,029,000
shall be available for the Office of Public Affairs; not to exceed
$1,769,000 (reduced by $250,000) shall be available for the Office of
the Executive Secretariat; not to exceed $10,793,000 shall be available
for the Office of Intelligence, Security, and Emergency Response; and
not to exceed $15,937,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 5 percent by all
such transfers: Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That not to
exceed $60,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision
of law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this
Act shall be available for the position of Assistant Secretary for
Public Affairs.</DELETED>
<DELETED>research and technology</DELETED>
<DELETED> For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $11,386,000, of which
$8,218,000 shall remain available until September 30, 2018: Provided,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law, regulation,
judicial proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and Technology of
the Department of Transportation.</DELETED>
<DELETED>national infrastructure investments</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For capital investments in surface transportation
infrastructure, $100,000,000, to remain available through September 30,
2018: Provided, That the Secretary of Transportation shall distribute
funds provided under this heading as discretionary grants to be awarded
to a State, local government, transit agency, or a collaboration among
such entities on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided under
this heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects; and
port infrastructure investments (including inland port infrastructure
and land ports of entry): Provided further, That the Secretary may use
up to 20 percent of the funds made available under this heading for the
purpose of paying the subsidy and administrative costs of projects
eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, if the Secretary finds that such use of the funds
would advance the purposes of this paragraph: Provided further, That in
distributing funds provided under this heading, the Secretary shall
take such measures so as to ensure an equitable geographic distribution
of funds, an appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall be not
less than $2,000,000 and not greater than $15,000,000: Provided
further, That not more than 20 percent of the funds made available
under this heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be, at the option of the
recipient, up to 50 percent: Provided further, That the Secretary shall
give priority to projects that require a contribution of Federal funds
in order to complete an overall financing package: Provided further,
That not less than 10 percent of the funds provided under this heading
shall be for projects located in rural areas: Provided further, That
for projects located in rural areas, the minimum grant size shall be
$1,000,000 and the Secretary may increase the Federal share of costs
above 80 percent: Provided further, That projects conducted using funds
provided under this heading must comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code: Provided
further, That the Secretary shall conduct a new competition to select
the grants and credit assistance awarded under this heading: Provided
further, That the Secretary may retain up to $5,000,000 of the funds
provided under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad Administration and
the Maritime Administration, to fund the award and oversight of grants
and credit assistance made under the National Infrastructure
Investments program.</DELETED>
<DELETED>financial management capital</DELETED>
<DELETED> For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-engineering
business processes, $1,000,000, to remain available through September
30, 2017.</DELETED>
<DELETED>cyber security initiatives</DELETED>
<DELETED> For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and information
technology infrastructure, improvement of network perimeter controls
and identity management, testing and assessment of information
technology against business, security, and other requirements,
implementation of Federal cyber security initiatives and information
infrastructure enhancements, implementation of enhanced security
controls on network devices, and enhancement of cyber security
workforce training tools, $7,000,000 to remain available through
September 30, 2017.</DELETED>
<DELETED>office of civil rights</DELETED>
<DELETED> For necessary expenses of the Office of Civil Rights,
$9,600,000.</DELETED>
<DELETED>transportation planning, research, and development</DELETED>
<DELETED> For necessary expenses for conducting transportation
planning, research, systems development, development activities, and
making grants, to remain available until expended,
$5,976,000.</DELETED>
<DELETED>working capital fund</DELETED>
<DELETED> For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed $181,500,000 shall
be paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided on a
competitive basis to entities within the Department of Transportation:
Provided further, That the above limitation on operating expenses shall
not apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority approval of
the Working Capital Fund Steering Committee and approval of the
Secretary: Provided further, That no assessments may be levied against
any program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved
by such Committees.</DELETED>
<DELETED>minority business resource center program</DELETED>
<DELETED> For the cost of guaranteed loans, $336,000, as authorized
by 49 U.S.C. 332: 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 these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $18,367,000.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
guaranteed loan program, $597,000.</DELETED>
<DELETED>small and disadvantaged business utilization and
outreach</DELETED>
<DELETED> For necessary expenses for small and disadvantaged
business utilization and outreach activities, $4,518,000, to remain
available until September 30, 2017: Provided, That notwithstanding 49
U.S.C. 332, these funds may be used for business opportunities related
to any mode of transportation.</DELETED>
<DELETED>payments to air carriers</DELETED>
<DELETED>(airport and airway trust fund)</DELETED>
<DELETED> In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C. 41731
through 41742, $155,000,000, to be derived from the Airport and Airway
Trust Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any other
Act shall be used to enter into a new contract with a community located
less than 40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost share:
Provided further, That amounts authorized to be distributed for the
essential air service program under subsection 41742(b) of title 49,
United States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may reimburse
such amounts from fees credited to the account established under
section 45303 of title 49, United States Code.</DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED> Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.</DELETED>
<DELETED> Sec. 102. Notwithstanding section 3324 of title 31,
United States Code, in addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
hereby authorized to provide payments in advance to vendors that are
necessary to carry out the Federal transit pass transportation fringe
benefit program under Executive Order No. 13150 and section 3049 of
Public Law 109-59: Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely and high-
quality performance under the contract.</DELETED>
<DELETED> Sec. 103. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Credit
Council, including the agenda for each meeting, and require the Credit
Council to record the decisions and actions of each meeting.</DELETED>
<DELETED> Sec. 104. In addition to authority provided by section
327 of title 49, United States Code, the Department's Working Capital
Fund is hereby authorized to provide partial or full payments in
advance and accept subsequent reimbursements from all Federal agencies
for transit benefit distribution services that are necessary to carry
out the Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of Public Law 109-59:
Provided, That the Department shall maintain a reasonable operating
reserve in the Working Capital Fund, to be expended in advance to
provide uninterrupted transit benefits to Government employees,
provided that such reserve will not exceed one month of benefits
payable: Provided further, that such reserve may be used only for the
purpose of providing for the continuation of transit benefits, provided
that the Working Capital Fund will be fully reimbursed by each customer
agency for the actual cost of the transit benefit.</DELETED>
<DELETED>Federal Aviation Administration</DELETED>
<DELETED>operations</DELETED>
<DELETED>(airport and airway trust fund)</DELETED>
<DELETED> For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including operations and
research activities related to commercial space transportation,
administrative expenses for research and development, establishment of
air navigation facilities, the operation (including leasing) and
maintenance of aircraft, subsidizing the cost of aeronautical charts
and maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made available by
Public Law 112-95, $9,847,700,000 (reduced by $3,000,000) of which
$8,831,250,000 shall be derived from the Airport and Airway Trust Fund,
of which not to exceed $7,505,293,000 shall be available for air
traffic organization activities; not to exceed $1,258,411,000 shall be
available for aviation safety activities; not to exceed $16,605,000
(increased by $250,000) shall be available for commercial space
transportation activities; not to exceed $725,000,000 (reduced by
$3,000,000) (reduced by $250,000) shall be available for finance and
management activities; not to exceed $60,089,000 shall be available for
NextGen and operations planning activities; and not to exceed
$282,302,000 shall be available for staff offices: Provided, That not
to exceed 2 percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity under this
heading: Provided further, That no transfer may increase or decrease
any appropriation by more than 2 percent: Provided further, That any
transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than March 31
of each fiscal year hereafter, the Administrator of the Federal
Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section
221 of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after March 31
that such report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year: Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31 that such report has not
been submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act: Provided
further, That there may be credited to this appropriation as offsetting
collections funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates, or for
tests related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under this
heading, not less than $154,400,000 shall be for the contract tower
program, including the contract tower cost share program: Provided
further, That none of the funds in this Act for aeronautical charting
and cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund.</DELETED>
<DELETED>facilities and equipment</DELETED>
<DELETED>(airport and airway trust fund)</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,500,000,000 (increased by $3,000,000), of which $460,000,000 shall
remain available until September 30, 2016, and $2,040,000,000
(increased by $3,000,000) shall remain available until September 30,
2018: Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That upon initial submission to the Congress
of the fiscal year 2017 President's budget, the Secretary of
Transportation shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2017 through 2021,
with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of
Management and Budget: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each day after
the initial submission of the fiscal year 2017 President's budget that
such report has not been submitted to Congress.</DELETED>
<DELETED>research, engineering, and development</DELETED>
<DELETED>(airport and airway trust fund)</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part A of
subtitle VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $156,750,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2018: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.</DELETED>
<DELETED>grants-in-aid for airports</DELETED>
<DELETED>(liquidation of contract authorization)</DELETED>
<DELETED>(limitation on obligations)</DELETED>
<DELETED>(airport and airway trust fund)</DELETED>
<DELETED> For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code, and under
other law authorizing such obligations; for procurement, installation,
and commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,600,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2016, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$107,100,000 shall be obligated for administration, not less than
$15,000,000 shall be available for the Airport Cooperative Research
Program, and not less than $31,000,000 shall be available for Airport
Technology Research.</DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED> Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the federally
funded research and development center contract between the Federal
Aviation Administration and the Center for Advanced Aviation Systems
Development during fiscal year 2016.</DELETED>
<DELETED> Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors to
provide to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on below-market rates for
these items or to grant assurances that require airport sponsors to
provide land without cost to the FAA for air traffic control
facilities.</DELETED>
<DELETED> Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy 49
U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303 and any
amount remaining in such account at the close of that fiscal year may
be made available to satisfy section 41742(a)(1) for the subsequent
fiscal year.</DELETED>
<DELETED> Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available for
the same purposes of such appropriation.</DELETED>
<DELETED> Sec. 114. None of the funds in this Act shall be
available for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.</DELETED>
<DELETED> Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.</DELETED>
<DELETED> Sec. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of the
Assistant Secretary for Administration of the Department of
Transportation.</DELETED>
<DELETED> Sec. 117. Notwithstanding any other provision of law,
none of the funds made available under this Act or any prior Act may be
used to implement or to continue to implement any limitation on the
ability of any owner or operator of a private aircraft to obtain, upon
a request to the Administrator of the Federal Aviation Administration,
a blocking of that owner's or operator's aircraft registration number
from any display of the Federal Aviation Administration's Aircraft
Situational Display to Industry data that is made available to the
public, except data made available to a Government agency, for the
noncommercial flights of that owner or operator.</DELETED>
<DELETED> Sec. 118. None of the funds in this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation
Administration.</DELETED>
<DELETED> Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of title 49,
United States Code, until the FAA provides to the House and Senate
Committees on Appropriations a report that justifies all fees related
to aeronautical navigation products and explains how such fees are
consistent with Executive Order No. 13642.</DELETED>
<DELETED> Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.</DELETED>
<DELETED> Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior permission
rules at Teterboro airport in Teterboro, New Jersey.</DELETED>
<DELETED>Federal Highway Administration</DELETED>
<DELETED>limitation on administrative expenses</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Contingent upon enactment of authorization legislation,
not to exceed $426,100,000, together with advances and reimbursements
received by the Federal Highway Administration, shall be obligated for
necessary expenses for administration and operation of the Federal
Highway Administration. In addition, not to exceed $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104 of title 23, United States Code.</DELETED>
<DELETED>federal-aid highways</DELETED>
<DELETED>(limitation on obligations)</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED> Contingent upon enactment of authorization legislation,
funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of such
authorization legislation shall not exceed total obligations of
$40,256,000,000 for fiscal year 2016: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts are
in addition to administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.</DELETED>
<DELETED>(liquidation of contract authorization)</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED> Contingent upon enactment of authorization legislation,
for the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $40,995,000,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.</DELETED>
<DELETED>administrative provisions--federal highway
administration</DELETED>
<DELETED> Sec. 120. Contingent upon enactment of authorization
legislation:</DELETED>
<DELETED> (a) For fiscal year 2016, the Secretary of Transportation
shall--</DELETED>
<DELETED> (1) not distribute from the obligation limitation
for Federal-aid highways--</DELETED>
<DELETED> (A) amounts authorized for administrative
expenses and programs by section 104(a) of title 23,
United States Code; and</DELETED>
<DELETED> (B) amounts authorized for the Bureau of
Transportation Statistics;</DELETED>
<DELETED> (2) not distribute an amount from the obligation
limitation for Federal-aid highways that is equal to the
unobligated balance of amounts--</DELETED>
<DELETED> (A) made available from the Highway Trust
Fund (other than the Mass Transit Account) for Federal-
aid highway and highway safety construction programs
for previous fiscal years the funds for which are
allocated by the Secretary (or apportioned by the
Secretary under sections 202 or 204 of title 23, United
States Code); and</DELETED>
<DELETED> (B) for which obligation limitation was
provided in a previous fiscal year;</DELETED>
<DELETED> (3) determine the proportion that--</DELETED>
<DELETED> (A) the obligation limitation for Federal-
aid highways, less the aggregate of amounts not
distributed under paragraphs (1) and (2) of this
subsection; bears to</DELETED>
<DELETED> (B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;</DELETED>
<DELETED> (4) distribute the obligation limitation for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for each of the
programs (other than programs to which paragraph (1) applies)
that are allocated by the Secretary under such authorization
legislation and title 23, United States Code, or apportioned by
the Secretary under sections 202 or 204 of that title, by
multiplying--</DELETED>
<DELETED> (A) the proportion determined under
paragraph (3); by</DELETED>
<DELETED> (B) the amounts authorized to be
appropriated for each such program for such fiscal
year; and</DELETED>
<DELETED> (5) distribute the obligation limitation for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and the amounts
distributed under paragraph (4), for Federal-aid highway and
highway safety construction programs that are apportioned by
the Secretary under such authorization legislation or title 23,
United States Code (other than the amounts apportioned for the
National Highway Performance Program in section 119 of title
23, United States Code, that are exempt from the limitation
under subsection (b)(12) and the amounts apportioned under
sections 202 and 204 of that title) in the proportion that--
</DELETED>
<DELETED> (A) amounts authorized to be appropriated
for the programs that are apportioned under title 23,
United States Code, or such authorization legislation
to each State for such fiscal year; bears to</DELETED>
<DELETED> (B) the total of the amounts authorized to
be appropriated for the programs that are apportioned
under title 23, United States Code, or such
authorization legislation to all States for such fiscal
year.</DELETED>
<DELETED> (b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--</DELETED>
<DELETED> (1) section 125 of title 23, United States
Code;</DELETED>
<DELETED> (2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
2714);</DELETED>
<DELETED> (3) section 9 of the Federal-Aid Highway Act of
1981 (95 Stat. 1701);</DELETED>
<DELETED> (4) subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 (96 Stat.
2119);</DELETED>
<DELETED> (5) subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 198);</DELETED>
<DELETED> (6) sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2027);</DELETED>
<DELETED> (7) section 157 of title 23, United States Code
(as in effect on June 8, 1998);</DELETED>
<DELETED> (8) section 105 of title 23, United States Code
(as in effect for fiscal years 1998 through 2004, but only in
an amount equal to $639,000,000 for each of those fiscal
years);</DELETED>
<DELETED> (9) Federal-aid highway programs for which
obligation authority was made available under the
Transportation Equity Act for the 21st Century (112 Stat. 107)
or subsequent Acts for multiple years or to remain available
until expended, but only to the extent that the obligation
authority has not lapsed or been used;</DELETED>
<DELETED> (10) section 105 of title 23, United States Code
(as in effect for fiscal years 2005 through 2012, but only in
an amount equal to $639,000,000 for each of those fiscal
years);</DELETED>
<DELETED> (11) section 1603 of SAFETEA-LU (23 U.S.C. 118
note; 119 Stat. 1248), to the extent that funds obligated in
accordance with that section were not subject to a limitation
on obligations at the time at which the funds were initially
made available for obligation; and</DELETED>
<DELETED> (12) section 119 of title 23, United States Code
(but, for each of fiscal years 2013 through 2016, only in an
amount equal to $639,000,000).</DELETED>
<DELETED> (c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after August 1 of
such fiscal year--</DELETED>
<DELETED> (1) revise a distribution of the obligation
limitation made available under subsection (a) if an amount
distributed cannot be obligated during that fiscal year;
and</DELETED>
<DELETED> (2) redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.</DELETED>
<DELETED> (d) Applicability of Obligation Limitations to
Transportation Research Programs.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the obligation limitation for Federal-aid highways shall
apply to contract authority for transportation research
programs carried out under--</DELETED>
<DELETED> (A) chapter 5 of title 23, United States
Code; and</DELETED>
<DELETED> (B) the transportation research programs
sections of such authorization legislation.</DELETED>
<DELETED> (2) Exception.--Obligation authority made
available under paragraph (1) shall--</DELETED>
<DELETED> (A) remain available for a period of 4
fiscal years; and</DELETED>
<DELETED> (B) be in addition to the amount of any
limitation imposed on obligations for Federal-aid
highway and highway safety construction programs for
future fiscal years.</DELETED>
<DELETED> (e) Redistribution of Certain Authorized Funds.--
</DELETED>
<DELETED> (1) In general.--Not later than 30 days after the
date of distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--</DELETED>
<DELETED> (A) are authorized to be appropriated for
such fiscal year for Federal-aid highway programs;
and</DELETED>
<DELETED> (B) the Secretary determines will not be
allocated to the States (or will not be apportioned to
the States under section 204 of title 23, United States
Code), and will not be available for obligation, for
such fiscal year because of the imposition of any
obligation limitation for such fiscal year.</DELETED>
<DELETED> (2) Ratio.--Funds shall be distributed under
paragraph (1) in the same proportion as the distribution of
obligation authority under subsection (a)(5).</DELETED>
<DELETED> (3) Availability.--Funds distributed to each State
under paragraph (1) shall be available for any purpose
described in section 133(b) of title 23, United States
Code.</DELETED>
<DELETED> Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the obligation
limitation for Federal-aid highway and highway safety construction
programs.</DELETED>
<DELETED> Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement for
Federal-aid highways projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the intent to
issue such waiver and the reasons therefor: Provided, That the
Secretary shall provide an annual report to the House and Senate
Committees on Appropriations on any waivers granted under the Buy
America requirements.</DELETED>
<DELETED> Sec. 123. None of the funds in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.</DELETED>
<DELETED> Sec. 124. Section 127 of title 23, United States Code, is
amended by adding at the end the following:</DELETED>
<DELETED> ``(m) Longer Combination Vehicles in Idaho.--No limit or
other prohibition under this section, except as provided in this
subsection, applies to a longer combination vehicle operating on a
segment of the Interstate System in the State of Idaho if such
vehicle--</DELETED>
<DELETED> ``(1) has a gross vehicle weight of 129,000 pounds
or less;</DELETED>
<DELETED> ``(2) complies with the single axle, tandem axle,
and bridge formula limits set forth in subsection (a);
and</DELETED>
<DELETED> ``(3) is authorized to operate on such segment
under Idaho State Law.''.</DELETED>
<DELETED> Sec. 125. Section 31111(b)(1)(A) of title 49, United
States Code, is amended by striking ``or of less than 28 feet on a
semitrailer or trailer operating in a truck tractor-semitrailer-trailer
combination,'' and inserting ``or, notwithstanding section 31112, of
less than 33 feet on a semitrailer or trailer operating in a truck
tractor-semitrailer-trailer combination,''.</DELETED>
<DELETED> Sec. 126. Exemption.--</DELETED>
<DELETED> (a) In General.--Section 31112(c)(5) of title 49, United
States Code, is amended--</DELETED>
<DELETED> (1) by striking ``Nebraska may'' and inserting
``Nebraska and Kansas may''; and</DELETED>
<DELETED> (2) by striking ``the State of Nebraska'' and
inserting ``the relevant state''.</DELETED>
<DELETED> (b) Conforming and Technical Amendments.--Section 31112(c)
of such title is amended--</DELETED>
<DELETED> (1) by striking the subsection designation and
heading and inserting the following:</DELETED>
<DELETED> ``(c) Special Rules for Wyoming, Ohio, Alaska, Iowa,
Nebraska, and Kansas.--'';</DELETED>
<DELETED> (2) by striking ``; and'' at the end of paragraph
(3) and inserting a semicolon; and</DELETED>
<DELETED> (3) by striking the period at the end of paragraph
(4) and inserting ``; and''.</DELETED>
<DELETED> Sec. 127. Section 130(e)(1) of title 23, United States
Code, is amended by striking ``$220,000,000'' and inserting
``$350,000,000''.</DELETED>
<DELETED>Federal Motor Carrier Safety Administration</DELETED>
<DELETED>motor carrier safety operations and programs</DELETED>
<DELETED>(liquidation of contract authorization)</DELETED>
<DELETED>(limitation on obligations)</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED> Contingent upon enactment of authorization legislation,
for payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109-59, as amended by Public Law
112-141, and as extended by Public Law 113-159, $259,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That funds available for
implementation, execution or administration of motor carrier safety
operations and programs authorized under title 49, United States Code,
and sections 4127 and 4134 of Public Law 109-59, as amended by Public
Law 112-141, and as extended by Public Law 113-159, shall not exceed
total obligations of $259,000,000 for ``Motor Carrier Safety Operations
and Programs'' for fiscal year 2016, of which $9,000,000, to remain
available for obligation until September 30, 2018, is for the research
and technology program, and of which $34,545,000, to remain available
for obligation until September 30, 2018, is for information management:
Provided further, That $1,000,000 shall be made available for
commercial motor vehicle operator grants to carry out section 4134 of
Public Law 109-59, as amended by Public Law 112-141, and as extended by
Public Law 113-159.</DELETED>
<DELETED>motor carrier safety grants</DELETED>
<DELETED>(liquidation of contract authorization)</DELETED>
<DELETED>(limitation on obligations)</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED> Contingent upon enactment of authorization legislation,
for payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, as amended by
Public Law 112-141, as extended by Public Law 113-159, $313,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $313,000,000 in fiscal
year 2016 for ``Motor Carrier Safety Grants''; of which $218,000,000
shall be available for the motor carrier safety assistance program,
$30,000,000 shall be available for commercial driver's license program
improvement grants, $32,000,000 shall be available for border
enforcement grants, $5,000,000 shall be available for performance and
registration information system management grants, $25,000,000 shall be
available for the commercial vehicle information systems and networks
deployment program, and $3,000,000 shall be available for safety data
improvement grants: Provided further, That, of the funds made available
herein for the motor carrier safety assistance program, $32,000,000
shall be available for audits of new entrant motor carriers.</DELETED>
<DELETED>administrative provisions--federal motor carrier safety
administration</DELETED>
<DELETED> Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section 350 of
Public Law 107-87 and section 6901 of Public Law 110-28.</DELETED>
<DELETED> Sec. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by certified
mail, registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the
violations.</DELETED>
<DELETED> Sec. 132. None of the funds appropriated or otherwise
made available by this Act or any other Act may be used to implement,
administer, or enforce sections 395.3(c) and 395.3(d) of title 49, Code
of Federal Regulations, and such section shall have no force or effect
on submission of the final report issued by the Secretary, as required
by section 133 of division K of Public Law 113-235, unless the
Secretary and the Inspector General of the Department of Transportation
each review and determine that the final report--</DELETED>
<DELETED> (1) meets the statutory requirements set forth in
such section; and</DELETED>
<DELETED> (2) establishes that commercial motor vehicle
drivers who operated under the restart provisions in effect
between July 1, 2013, and the day before the date of enactment
of such Public Law demonstrated statistically significant
improvement in all outcomes related to safety, operator
fatigue, driver health and longevity, and work schedules, in
comparison to commercial motor vehicle drivers who operated
under the restart provisions in effect on June 30,
2013.</DELETED>
<DELETED> Sec. 133. None of the funds limited or otherwise made
available under the heading ``Motor Carrier Safety Operations and
Programs'' may be used to deny an application to renew a Hazardous
Materials Safety Program permit for a motor carrier based on that
carrier's Hazardous Materials Out-of-Service rate, unless the carrier
has the opportunity to submit a written description of corrective
actions taken, and other documentation the carrier wishes the Secretary
to consider, including submitting a corrective action plan, and the
Secretary determines the actions or plan is insufficient to address the
safety concerns that resulted in that Hazardous Materials Out-of-
Service rate.</DELETED>
<DELETED> Sec. 134. None of the funds made available by this Act
may be used to develop, issue, or implement any regulation that
increases levels of minimum financial responsibility for transporting
passengers or property as in effect on January 1, 2014, under
regulations issued pursuant to sections 31138 and 31139 of title 49,
United States Code.</DELETED>
<DELETED> Sec. 135. None of the funds made available by this Act or
previous appropriations Acts under the heading ``Motor Carrier Safety
Operations and Programs'' shall be used to pay for costs associated
with design, development, testing, or implementation of a wireless
roadside inspection program until 180 days after the Secretary of
Transportation certifies to the House and Senate Committees on
Appropriations that such program does not conflict with existing non-
Federal electronic screening systems, create capabilities already
available, or require additional statutory authority to incorporate
generated inspection data into safety determinations or databases, and
has restrictions to specifically address privacy concerns of affected
motor carriers and operators: Provided, That nothing in this section
shall be construed as affecting the Department's ongoing research
efforts in this area.</DELETED>
<DELETED>National Highway Traffic Safety Administration</DELETED>
<DELETED>operations and research</DELETED>
<DELETED> For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety authorized under
chapter 301 and part C of subtitle VI of title 49, United States Code,
$150,000,000 (increased by $4,000,000) (reduced by $1,200,000), of
which $20,000,000 shall remain available through September 30,
2017.</DELETED>
<DELETED>operations and research</DELETED>
<DELETED>(liquidation of contract authorization)</DELETED>
<DELETED>(limitation on obligations)</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED> Contingent upon enactment of authorization legislation,
for payment of obligations incurred in carrying out the provisions of
23 U.S.C. 403, and chapter 303 of title 49, United States Code,
$125,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in fiscal
year 2016, are in excess of $125,000,000, of which $120,000,000 shall
be for programs authorized under 23 U.S.C. 403 and $5,000,000 shall be
for the National Driver Register authorized under chapter 303 of title
49, United States Code: Provided further, That within the $120,000,000
obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2017, and shall be in addition to
the amount of any limitation imposed on obligations for future years:
Provided further, That $6,500,000 of the total obligation limitation
for operations and research in fiscal year 2016 shall be applied toward
unobligated balances of contract authority provided in prior Acts for
carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title
49, United States Code.</DELETED>
<DELETED>highway traffic safety grants</DELETED>
<DELETED>(liquidation of contract authorization)</DELETED>
<DELETED>(limitation on obligations)</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED> Contingent on the enactment of authorization legislation,
for payment of obligations incurred in carrying out provisions of 23
U.S.C. 402 and 405, section 2009 of Public Law 109-59, as amended by
Public Law 112-141, and section 31101(a)(6) of Public Law 112-141, to
remain available until expended, $561,500,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in fiscal
year 2016, are in excess of $561,500,000 for programs authorized under
23 U.S.C. 402 and 405, section 2009 of Public Law 109-59, as amended by
Public Law 112-141, and section 31101(a)(6) of Public Law 112-141, of
which $235,000,000 shall be for ``Highway Safety Programs'' under 23
U.S.C. 402; $272,000,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405; $29,000,000 shall be for the ``High
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59, as amended by Public Law 112-141; $25,500,000 shall be for
``Administrative Expenses'' under section 31101(a)(6) of Public Law
112-141: Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(1)(G), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(1)(G) within 60
days.</DELETED>
<DELETED>administrative provisions--national highway traffic safety
administration</DELETED>
<DELETED> Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code, to pay
for travel and related expenses for State management reviews and to pay
for core competency development training and related expenses for
highway safety staff.</DELETED>
<DELETED> Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in this Act
shall not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.</DELETED>
<DELETED> Sec. 142. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.</DELETED>
<DELETED> Sec. 143. None of the funds made available by this Act
may be used to obligate or award funds for the National Highway Traffic
Safety Administration's National Roadside Survey.</DELETED>
<DELETED> Sec. 144. None of the funds made available by this Act
may be used to mandate global positioning system (GPS) tracking in
private passenger motor vehicles without providing full and appropriate
consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter
II.</DELETED>
<DELETED>Federal Railroad Administration</DELETED>
<DELETED>safety and operations</DELETED>
<DELETED> For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $186,870,000 (increased by
$3,500,000), of which $15,400,000 shall remain available until
expended.</DELETED>
<DELETED>railroad research and development</DELETED>
<DELETED> For necessary expenses for railroad research and
development, $39,100,000, to remain available until expended.</DELETED>
<DELETED>railroad rehabilitation and improvement financing
program</DELETED>
<DELETED> The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501 through 504
of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, such authority to exist as long as any
such direct loan or loan guarantee is outstanding. Provided, That
pursuant to section 502 of such Act, as amended, no new direct loans or
loan guarantee commitments shall be made using Federal funds for the
credit risk premium during fiscal year 2016.</DELETED>
<DELETED>operating grants to the national railroad passenger
corporation</DELETED>
<DELETED> To enable the Secretary of Transportation to make
quarterly grants to the National Railroad Passenger Corporation, in
amounts based on the Secretary's assessment of the Corporation's
seasonal cash flow requirements, for the operation of intercity
passenger rail, as authorized by section 101 of the Passenger Rail
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), $288,500,000 (reduced by $1,000,000) (increased by $1,000,000),
to remain available until expended: Provided, That the amounts
available under this paragraph shall be available for the Secretary to
approve funding to cover operating losses for the Corporation only
after receiving and reviewing a grant request for each specific train
route: Provided further, That each such grant request shall be
accompanied by a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support to the
Secretary's satisfaction: Provided further, That not later than 60 days
after enactment of this Act, the Corporation shall transmit, in
electronic format, to the Secretary and the House and Senate Committees
on Appropriations the annual budget, business plan, the 5-Year
Financial Plan for fiscal year 2016 required under section 204 of the
Passenger Rail Investment and Improvement Act of 2008 and the
comprehensive fleet plan for all Amtrak rolling stock: Provided
further, That the budget, business plan and the 5-Year Financial Plan
shall include annual information on the maintenance, refurbishment,
replacement, and expansion for all Amtrak rolling stock consistent with
the comprehensive fleet plan: Provided further, That the Corporation
shall provide monthly performance reports in an electronic format which
shall describe the work completed to date, any changes to the business
plan, and the reasons for such changes as well as progress against the
milestones and target dates of the 2012 performance improvement plan:
Provided further, That the Corporation's budget, business plan, 5-Year
Financial Plan, semiannual reports, monthly reports, comprehensive
fleet plan and all supplemental reports or plans comply with
requirements in Public Law 112-55: Provided further, That none of the
funds provided in this Act may be used to support any route on which
Amtrak offers a discounted fare of more than 50 percent off the normal
peak fare: Provided further, That the preceding proviso does not apply
to routes where the operating loss as a result of the discount is
covered by a State and the State participates in the setting of
fares.</DELETED>
<DELETED>capital and debt service grants to the national railroad
passenger corporation</DELETED>
<DELETED> To enable the Secretary of Transportation to make grants
to the National Railroad Passenger Corporation for capital investments
as authorized by sections 101(c), 102, and 219(b) of the Passenger Rail
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), $850,000,000 (increased by $9,000,000), to remain available until
expended, of which not to exceed $160,200,000 shall be for debt service
obligations as authorized by section 102 of such Act: Provided, That of
the amounts made available under this heading, not less than
$50,000,000 shall be made available to bring Amtrak-served facilities
and stations into compliance with the Americans with Disabilities Act:
Provided further, That after an initial distribution of up to
$200,000,000, which shall be used by the Corporation as a working
capital account, all remaining funds shall be provided to the
Corporation only on a reimbursable basis: Provided further, That of the
amounts made available under this heading, up to $20,000,000 may be
used by the Secretary to subsidize operating losses of the Corporation
should the funds provided under the heading ``Operating Grants to the
National Railroad Passenger Corporation'' be insufficient to meet
operational costs for fiscal year 2016: Provided further, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management and
oversight of activities authorized by subsections 101(a) and 101(c) of
division B of Public Law 110-432: Provided further, That the Secretary
shall approve funding for capital expenditures, including advance
purchase orders of materials, for the Corporation only after receiving
and reviewing a grant request for each specific capital project
justifying the Federal support to the Secretary's satisfaction:
Provided further, That except as otherwise provided herein, none of the
funds under this heading may be used to subsidize operating losses of
the Corporation: Provided further, That none of the funds under this
heading may be used for capital projects not approved by the Secretary
of Transportation or on the Corporation's fiscal year 2016 business
plan: Provided further, That in addition to the project management
oversight funds authorized under section 101(d) of division B of Public
Law 110-432, the Secretary may retain up to an additional $3,000,000 of
the funds provided under this heading to fund expenses associated with
implementing section 212 of division B of Public Law 110-432, including
the amendments made by section 212 to section 24905 of title 49, United
States Code: Provided further, That Amtrak shall conduct a business
case analysis on capital investments that exceed $10,000,000 in life-
cycle costs: Provided further, That each contract for a capital
acquisition that exceeds $10,000,000 in life cycle costs shall state
that funding is subject to the availability of appropriated funds
provided by an appropriations Act.</DELETED>
<DELETED>administrative provisions--federal railroad
administration</DELETED>
<DELETED> Sec. 150. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar items, from
non-United States Government sources to repair damages to or replace
United States Government owned automated track inspection cars and
equipment as a result of third-party liability for such damages, and
any amounts collected under this section shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for the
repair, operation and maintenance of automated track inspection cars
and equipment in connection with the automated track inspection
program.</DELETED>
<DELETED> Sec. 151. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the previous proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That Amtrak shall report to the House and Senate
Committees on Appropriations each quarter of the calendar year on
waivers granted to employees and amounts paid above the cap for each
month within such quarter and delineate the reasons each waiver was
granted: Provided further, That the President of Amtrak shall report to
the House and Senate Committees on Appropriations by March 1, 2016, a
summary of all overtime payments incurred by the Corporation for 2015
and the three prior calendar years: Provided further, That such summary
shall include the total number of employees that received waivers and
the total overtime payments the Corporation paid to those employees
receiving waivers for each month for 2015 and for the three prior
calendar years.</DELETED>
<DELETED>Federal Transit Administration</DELETED>
<DELETED>administrative expenses</DELETED>
<DELETED> For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of title 49,
United States Code, $102,933,000 (reduced by $3,000,000) (reduced by
$2,000,000), of which not more than $4,000,000 shall be available to
carry out the provisions of 49 U.S.C. 5329 and not less than $750,000
shall be available to carry out the provisions of 49 U.S.C. 5326:
Provided, That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under this
heading: Provided further, That upon submission to the Congress of the
fiscal year 2017 President's budget, the Secretary of Transportation
shall transmit to Congress the annual report on New Starts, including
proposed allocations for fiscal year 2017.</DELETED>
<DELETED>transit formula grants</DELETED>
<DELETED>(liquidation of contract authorization)</DELETED>
<DELETED>(limitation on obligations)</DELETED>
<DELETED>(highway trust fund)</DELETED>
<DELETED> Contingent upon enactment of authorization legislation,
for payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by Public Law 112-141, and section 20005(b) of Public
Law 112-141, $9,500,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the implementation or
execution of programs authorized under 49 U.S.C. 5305, 5307, 5310,
5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended
by Public Law 112-141, and section 20005(b) of Public Law 112-141,
shall not exceed total obligations of $8,595,000,000 in fiscal year
2016.</DELETED>
<DELETED>transit research</DELETED>
<DELETED> For necessary expenses to carry out 49 U.S.C. 5312,
$26,000,000.</DELETED>
<DELETED>technical assistance and training</DELETED>
<DELETED> For necessary expenses to carry out 49 U.S.C. 5314
$3,000,000 (increased by $2,000,000).</DELETED>
<DELETED>capital investment grants</DELETED>
<DELETED> For necessary expenses to carry out 49 U.S.C. 5309,
$1,921,395,000, to remain available until expended.</DELETED>
<DELETED>grants to the washington metropolitan area transit
authority</DELETED>
<DELETED> For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of Public Law
110-432, $100,000,000, to remain available until expended: Provided,
That the Secretary shall approve grants for capital and preventive
maintenance expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for each
specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making significant progress in eliminating
the material weaknesses, significant deficiencies, and minor control
deficiencies identified in the most recent Financial Management
Oversight Review: Provided further, That the Secretary shall determine
that the Washington Metropolitan Area Transit Authority has placed the
highest priority on those investments that will improve the safety of
the system before approving such grants: Provided further, That the
Secretary, in order to ensure safety throughout the rail system, may
waive the requirements of section 601(e)(1) of title VI of Public Law
110-432 (112 Stat. 4968).</DELETED>
<DELETED>administrative provisions--federal transit
administration</DELETED>
<DELETED> Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation, or to
any other authority previously made available for obligation.</DELETED>
<DELETED> Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading Fixed
Guideway Capital Investment of the Federal Transit Administration for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2020, and other recoveries,
shall be directed to projects eligible to use the funds for the
purposes for which they were originally provided.</DELETED>
<DELETED> Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2015, under any section of chapter
53 of title 49, United States Code, that remain available for
expenditure, may be transferred to and administered under the most
recent appropriation heading for any such section.</DELETED>
<DELETED> Sec. 163. Notwithstanding any other provision of law,
none of the funds made available in this Act shall be used to enter
into a full funding grant agreement for a project with a New Starts
share greater than 50 percent.</DELETED>
<DELETED> Sec. 164. (a) Loss of Eligibility.--Except as provided in
subsection (b), none of the funds in this or any other Act may be
available to advance in any way a new light or heavy rail project
towards a full funding grant agreement as defined by 49 U.S.C. 5309 for
the Metropolitan Transit Authority of Harris County, Texas if the
proposed capital project is constructed on or planned to be constructed
on Richmond Avenue west of South Shepherd Drive or on Post Oak
Boulevard north of Richmond Avenue in Houston, Texas.</DELETED>
<DELETED> (b) Exception for a New Election.--The Metropolitan
Transit Authority of Harris County, Texas, may attempt to construct or
construct a new fixed guideway capital project, including light rail,
in the locations referred to in subsection (a) if--</DELETED>
<DELETED> (1) voters in the jurisdiction that includes such
locations approve a ballot proposition that specifies routes on
Richmond Avenue west of South Shepherd Drive or on Post Oak
Boulevard north of Richmond Avenue in Houston, Texas;
and</DELETED>
<DELETED> (2) the proposed construction of such routes is
part of a comprehensive, multi-modal, service-area wide
transportation plan that includes multiple additional segments
of fixed guideway capital projects, including light rail for
the jurisdiction set forth in the ballot proposition. The
ballot language shall include reasonable cost estimates,
sources of revenue to be used and the total amount of bonded
indebtedness to be incurred as well as a description of each
route and the beginning and end point of each proposed transit
project.</DELETED>
<DELETED>Saint Lawrence Seaway Development Corporation</DELETED>
<DELETED> The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.</DELETED>
<DELETED>operations and maintenance</DELETED>
<DELETED>(harbor maintenance trust fund)</DELETED>
<DELETED> For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities of those portions of
the Saint Lawrence Seaway owned, operated, and maintained by the Saint
Lawrence Seaway Development Corporation, $32,042,000 (reduced by
$3,000,000), to be derived from the Harbor Maintenance Trust Fund,
pursuant to Public Law 99-662.</DELETED>
<DELETED>Maritime Administration</DELETED>
<DELETED>maritime security program</DELETED>
<DELETED> For necessary expenses to maintain and preserve a U.S.-
flag merchant fleet to serve the national security needs of the United
States, $186,000,000, to remain available until expended.</DELETED>
<DELETED>operations and training</DELETED>
<DELETED> For necessary expenses of operations and training
activities authorized by law, $164,158,000, of which $22,000,000 shall
remain available until expended for maintenance and repair of training
ships at State Maritime Academies, and of which $5,000,000 shall remain
available until expended for National Security Multi-Mission Vessel
design for State Maritime Academies and National Security, and of which
$2,400,000 shall remain available through September 30, 2017, for the
Student Incentive Program at State Maritime Academies, and of which
$1,200,000 shall remain available until expended for training ship fuel
assistance payments, and of which $19,700,000 shall remain available
until expended for facilities maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine Academy, and
of which $3,000,000 shall remain available through September 30, 2017,
for Maritime Environment and Technology Assistance grants, contracts,
and cooperative agreement: Provided, That amounts apportioned for the
United States Merchant Marine Academy shall be available only upon
allotments made personally by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs: Provided further, That the
Superintendent, Deputy Superintendent and the Director of the Office of
Resource Management of the United States Merchant Marine Academy may
not be allotment holders for the United States Merchant Marine Academy,
and the Administrator of the Maritime Administration shall hold all
allotments made by the Secretary of Transportation or the Assistant
Secretary for Budget and Programs under the previous proviso: Provided
further, That 50 percent of the funding made available for the United
States Merchant Marine Academy under this heading shall be available
only after the Secretary, in consultation with the Superintendent and
the Maritime Administrator, completes a plan detailing by program or
activity how such funding will be expended at the Academy, and this
plan is submitted to the House and Senate Committees on
Appropriations.</DELETED>
<DELETED>ship disposal</DELETED>
<DELETED> For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $4,000,000, to remain available until
expended.</DELETED>
<DELETED>maritime guaranteed loan (title xi) program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary administrative expenses of the maritime
guaranteed loan program, $3,135,000 shall be paid to the appropriations
for ``Maritime Administration--Operations and Training''.</DELETED>
<DELETED>administrative provisions--maritime administration</DELETED>
<DELETED> Sec. 170. Notwithstanding any other provision of this
Act, in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.</DELETED>
<DELETED> Sec. 171. None of the funds available or appropriated in
this Act shall be used by the United States Department of
Transportation or the United States Maritime Administration to
negotiate or otherwise execute, enter into, facilitate or perform fee-
for-service contracts for vessel disposal, scrapping or recycling,
unless there is no qualified domestic ship recycler that will pay any
sum of money to purchase and scrap or recycle a vessel owned, operated
or managed by the Maritime Administration or that is part of the
National Defense Reserve Fleet: Provided, That such sales offers must
be consistent with the solicitation and provide that the work will be
performed in a timely manner at a facility qualified within the meaning
of section 3502 of Public Law 106-398: Provided further, That nothing
contained herein shall affect the Maritime Administration's authority
to award contracts at least cost to the Federal Government and
consistent with the requirements of 54 U.S.C. 308704, section 3502, or
otherwise authorized under the Federal Acquisition
Regulation.</DELETED>
<DELETED>Pipeline and Hazardous Materials Safety
Administration</DELETED>
<DELETED> operational expenses</DELETED>
<DELETED> For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $20,725,000 (increased by
$500,000).</DELETED>
<DELETED>hazardous materials safety</DELETED>
<DELETED> For expenses necessary to discharge the hazardous
materials safety functions of the Pipeline and Hazardous Materials
Safety Administration, $60,500,000, of which $7,570,000 shall remain
available until September 30, 2018: Provided, That up to $800,000 in
fees collected under 49 U.S.C. 5108(g) shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.</DELETED>
<DELETED>pipeline safety</DELETED>
<DELETED>(pipeline safety fund)</DELETED>
<DELETED>(oil spill liability trust fund)</DELETED>
<DELETED> For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a pipeline
safety program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$145,870,000, of which $19,500,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2018; and of which $124,500,000 shall be derived from the Pipeline
Safety Fund, of which $66,309,000 shall remain available until
September 30, 2018: Provided, That not less than $1,000,000 of the
funds provided under this heading shall be for the One-Call state grant
program: Provided further, That not less than $1,000,000 of the funds
provided under this heading shall be for the finalization and
implementation of rules required under section 60102(n) of title 49,
United States Code, and section 8(b)(3) of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60108
note; 125 Stat. 1911).</DELETED>
<DELETED>emergency preparedness grants</DELETED>
<DELETED>(emergency preparedness fund)</DELETED>
<DELETED> For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2017: Provided, That notwithstanding the
fiscal year limitation specified in 49 U.S.C. 5116, not more than
$28,318,000 shall be made available for obligation in fiscal year 2016
from amounts made available by 49 U.S.C. 5116(i), and 5128 (b) and (c):
Provided further, That notwithstanding 49 U.S.C. 5116(i)(4), not more
than 4 percent of the amounts made available from this account shall be
available to pay administrative costs: Provided further, That none of
the funds made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c)
shall be made available for obligation by individuals other than the
Secretary of Transportation, or his or her designee.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General Act of
1978, as amended, $86,223,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C. App. 3),
to investigate allegations of fraud, including false statements to the
government (18 U.S.C. 1001), by any person or entity that is subject to
regulation by the Department: Provided further, That the funds made
available under this heading may be used to investigate, pursuant to
section 41712 of title 49, United States Code: (1) unfair or deceptive
practices and unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of domestic and
foreign air carriers with respect to item (1) of this proviso: Provided
further, That hereafter funds transferred to the Office of the
Inspector General through forfeiture proceedings or from the Department
of Justice Assets Forfeiture Fund or the Department of the Treasury
Forfeiture Fund, as a participating agency, as an equitable share from
the forfeiture of property in investigations in which the Office of
Inspector General participates, or through the granting of a Petition
for Remission or Mitigation, shall be deposited to the credit of this
account for law enforcement activities authorized under the Inspector
General Act of 1978, as amended, to remain available until
expended.</DELETED>
<DELETED>Surface Transportation Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Surface Transportation
Board, including services authorized by 5 U.S.C. 3109, $31,375,000:
Provided, That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2016, to
result in a final appropriation from the general fund estimated at no
more than $30,125,000.</DELETED>
<DELETED>General Provisions--Department of Transportation</DELETED>
<DELETED> Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).</DELETED>
<DELETED> Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for an Executive Level
IV.</DELETED>
<DELETED> Sec. 182. None of the funds in this Act shall be
available for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.</DELETED>
<DELETED> Sec. 183. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C.
2721.</DELETED>
<DELETED> (b) Notwithstanding subsection (a), the Secretary shall
not withhold funds provided in this Act for any grantee if a State is
in noncompliance with this provision.</DELETED>
<DELETED> Sec. 184. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training may
be credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit Administration's
``Technical Assistance and Training'' account, and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.</DELETED>
<DELETED> Sec. 185. None of the funds in this Act to the Department
of Transportation may be used to make a loan, loan guarantee, line of
credit, or grant unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations not less than 3 full
business days before any project competitively selected to receive a
discretionary grant award, any discretionary grant award, letter of
intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement totaling $750,000 or more
is announced by the department or its modal administrations from--
</DELETED>
<DELETED> (1) any discretionary grant or federal credit
program of the Federal Highway Administration including the
emergency relief program;</DELETED>
<DELETED> (2) the airport improvement program of the Federal
Aviation Administration;</DELETED>
<DELETED> (3) any program of the Federal Railroad
Administration;</DELETED>
<DELETED> (4) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs;</DELETED>
<DELETED> (5) any program of the Maritime Administration;
or</DELETED>
<DELETED> (6) any funding provided under the headings
``National Infrastructure Investments'' in this Act: </DELETED>
<DELETED> Provided, That the Secretary gives concurrent notification
to the House and Senate Committees on Appropriations for any ``quick
release'' of funds from the emergency relief program: Provided further,
That no notification shall involve funds that are not available for
obligation.</DELETED>
<DELETED> Sec. 186. Rebates, refunds, incentive payments, minor
fees and other funds received by the Department of Transportation from
travel management centers, charge card programs, the subleasing of
building space, and miscellaneous sources are to be credited to
appropriations of the Department of Transportation and allocated to
elements of the Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.</DELETED>
<DELETED> Sec. 187. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by the
Department of Transportation to a third-party contractor under a
financial assistance award, which are recovered pursuant to law, shall
be available--</DELETED>
<DELETED> (1) to reimburse the actual expenses incurred by
the Department of Transportation in recovering improper
payments; and</DELETED>
<DELETED> (2) to pay contractors for services provided in
recovering improper payments or contractor support in the
implementation of the Improper Payments Information Act of
2002: Provided, That amounts in excess of that required for
paragraphs (1) and (2)--</DELETED>
<DELETED> (A) shall be credited to and merged with
the appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit an appropriate account, which
shall be available for the purposes and period
associated with the account so credited; or</DELETED>
<DELETED> (B) if no such appropriation remains
available, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That prior to
the transfer of any such recovery to an appropriations
account, the Secretary shall notify the House and
Senate Committees on Appropriations of the amount and
reasons for such transfer: Provided further, That for
purposes of this section, the term ``improper
payments'' has the same meaning as that provided in
section 2(d)(2) of Public Law 107-300.</DELETED>
<DELETED> Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the House
and Senate Committees on Appropriations, transmission of said
reprogramming notice shall be provided solely to the Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the Committees on Appropriations: Provided, That the
Secretary may provide notice to other congressional committees of the
action of the Committees on Appropriations on such reprogramming but
not sooner than 30 days following the date on which the reprogramming
action has been approved or denied by the House and Senate Committees
on Appropriations.</DELETED>
<DELETED> Sec. 189. None of the funds appropriated or otherwise
made available under this Act may be used by the Surface Transportation
Board of the Department of Transportation to charge or collect any
filing fee for rate or practice complaints filed with the Board in an
amount in excess of the amount authorized for district court civil suit
filing fees under section 1914 of title 28, United States
Code.</DELETED>
<DELETED> Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.</DELETED>
<DELETED> Sec. 191. The Secretary of Transportation is authorized
to carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code, including
distribution of transit benefits by various paper and electronic
media.</DELETED>
<DELETED> Sec. 192. None of the funds made available by this Act
shall be used by the Surface Transportation Board to take any actions
with respect to the construction of a high speed rail project in
California unless the permit is issued by the Board with respect to the
project in its entirety.</DELETED>
<DELETED> Sec. 193. None of the funds made available in this Act
may be used to facilitate new scheduled air transportation originating
from the United States if such flights would land on, or pass through,
property confiscated by the Cuban Government, including property in
which a minority interest was confiscated, as the terms confiscated,
Cuban Government, and property are defined in paragraphs (4), (5), and
(12)(A), respectively, of section 4 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023 (4), (5), and
(12)(A)): Provided, That for this section, new scheduled air
transportation shall include any flights not already regularly
scheduled prior to March 31, 2015.</DELETED>
<DELETED> This title may be cited as the ``Department of
Transportation Appropriations Act, 2016''.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</DELETED>
<DELETED>Management and Administration</DELETED>
<DELETED>executive offices</DELETED>
<DELETED> For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and Intergovernmental
Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood
Partnerships, $14,500,000: Provided, That not to exceed $25,000 of the
amount made available under this heading shall be available to the
Secretary for official reception and representation expenses as the
Secretary may determine.</DELETED>
<DELETED>administrative support offices</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary salaries and expenses for Administrative
Support Offices, $547,000,000, of which $45,600,000, to remain
available until expended, in addition to amounts made available under
this heading for the Office of the Chief Financial Officer and the
Office of the Chief Human Capital Officer, shall be for funding shared
service agreements between the Department of Housing and Urban
Development and the Department of the Treasury; $39,000,000 shall be
available for the Office of the Chief Financial Officer; $93,000,000
shall be available for the Office of the General Counsel; $199,000,000
shall be available for the Office of Administration; $40,000,000 shall
be available for the Office of the Chief Human Capital Officer;
$49,000,000 shall be available for the Office of Field Policy and
Management; $16,000,000 shall be available for the Office of the Chief
Procurement Officer; $3,000,000 shall be available for the Office of
Departmental Equal Employment Opportunity; $4,000,000 shall be
available for the Office of Strategic Planning and Management;
$44,000,000 shall be available for the Office of the Chief Information
Officer; and of which the remaining amount shall be available through
September 30, 2017, for transfer to the appropriations for offices
specified under this heading or the heading ``Program Office Salaries
and Expenses'' in this title: Provided, That funds provided under this
heading may be used for necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; and services as authorized by 5 U.S.C. 3109: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that directly support program activities funded
in this title: Provided further, That the Secretary shall provide the
Committees on Appropriations quarterly written notification regarding
the status of pending congressional reports: Provided further, That the
Secretary shall provide in electronic form all signed reports required
by Congress.</DELETED>
<DELETED>Program Office Salaries and Expenses</DELETED>
<DELETED>public and indian housing</DELETED>
<DELETED> For necessary salaries and expenses of the Office of
Public and Indian Housing, $203,000,000.</DELETED>
<DELETED>community planning and development</DELETED>
<DELETED> For necessary salaries and expenses of the Office of
Community Planning and Development, $102,000,000.</DELETED>
<DELETED>housing</DELETED>
<DELETED> For necessary salaries and expenses of the Office of
Housing, $372,000,000.</DELETED>
<DELETED>policy development and research</DELETED>
<DELETED> For necessary salaries and expenses of the Office of
Policy Development and Research, $22,700,000.</DELETED>
<DELETED>fair housing and equal opportunity</DELETED>
<DELETED> For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $73,000,000.</DELETED>
<DELETED>office of lead hazard control and healthy homes</DELETED>
<DELETED> For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $6,700,000.</DELETED>
<DELETED>Public and Indian Housing Programs</DELETED>
<DELETED>tenant-based rental assistance</DELETED>
<DELETED> For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,918,643,000 to remain available until
September 30, 2018, shall be available on October 1, 2015 (in addition
to the $4,000,000,000 previously appropriated under this heading that
became available on October 1, 2015), and $4,000,000,000, to remain
available until September 30, 2019, shall be available on October 1,
2016: Provided, That the amounts made available under this heading are
provided as follows:</DELETED>
<DELETED> (1) $18,151,000,000 shall be available for
renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act) and including renewal of other
special purpose or incremental vouchers: Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph and any carryover, the Secretary
for the calendar year 2016 funding cycle shall provide renewal
funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the
prior calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection, HOPE VI, and
Choice Neighborhoods vouchers: Provided further, That in
determining calendar year 2016 funding allocations under this
heading for public housing agencies, including agencies
participating in the Moving To Work (MTW) demonstration, the
Secretary may take into account the anticipated impact of
changes in targeting and utility allowances, on public housing
agencies' contract renewal needs: Provided further, That none
of the funds provided under this paragraph may be used to fund
a total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the MTW demonstration, which are instead governed by the terms
and conditions of their MTW agreements: Provided further, That
the Secretary shall, to the extent necessary to stay within the
amount specified under this paragraph (except as otherwise
modified under this paragraph), prorate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided in the
following provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph)
shall be obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this Act or
March 1, 2016: Provided further, That the Secretary may extend
the notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW agreements
and shall be subject to the same pro rata adjustments under the
previous provisos: Provided further, That the Secretary may
offset public housing agencies' calendar year 2016 allocations
based on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD held programmatic
reserves (in accordance with VMS data in calendar year 2015
that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject to
the offset, as determined by the Secretary, excluding amounts
subject to the single fund budget authority provisions of their
MTW agreements, from the agencies' calendar year 2016 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce
the proration of renewal funding allocations: Provided further,
That up to $75,000,000 shall be available only: (A) for
adjustments in the allocations for public housing agencies,
after application for an adjustment by a public housing agency
that experienced a significant increase, as determined by the
Secretary, in renewal costs of vouchers resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (B) for vouchers that were not in use during the
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act; (C) for adjustments
for costs associated with HUD-Veterans Affairs Supportive
Housing (HUD-VASH) vouchers; (D) for adjustments for public
housing agencies with voucher leasing rates at the end of the
calendar year that exceed the average leasing for the 12-month
period used to establish the allocation, and for additional
leasing of vouchers that were issued but not leased prior to
the end of such calendar year; (E) for public housing agencies
that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding; and (F) for adjustments in the
allocations for public housing agencies that experienced a
significant increase, as determined by the Secretary, in
renewal costs as a result of participation in the Small Area
Fair Market Rent demonstration: Provided further, That the
Secretary shall allocate amounts under the previous proviso
based on need, as determined by the Secretary;</DELETED>
<DELETED> (2) $130,000,000 shall be for section 8 rental
assistance for relocation and replacement of housing units that
are demolished or disposed of pursuant to section 18 of the
Act, conversion of section 23 projects to assistance under
section 8, the family unification program under section 8(x) of
the Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, HOPE VI and Choice Neighborhood
vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing
in section 202 properties financed between 1959 and 1974 that
are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided, That
when a public housing development is submitted for demolition
or disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided further,
That the Secretary may only provide replacement vouchers for
units that were occupied within the previous 24 months that
cease to be available as assisted housing, subject only to the
availability of funds: Provided further, That of the amounts
made available under this paragraph, $5,000,000 may be
available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents residing
in low vacancy areas and who may have to pay rents greater than
30 percent of household income, as the result of: (A) the
maturity of a HUD-insured, HUD-held or section 202 loan that
requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract
for which the tenants are not eligible for enhanced voucher or
tenant protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a
mortgage or preservation program administered by the Secretary:
Provided further, That such tenant protection assistance made
available under the previous proviso may be provided under the
authority of section 8(t) or section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)): Provided
further, That the Secretary shall issue guidance to implement
the previous provisos, including, but not limited to,
requirements for defining eligible at-risk households within
120 days of the enactment of this Act: Provided further, That
any tenant protection voucher made available from amounts under
this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the
Secretary by notice, when the initial family that received any
such voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary, for the
purpose under this paragraph, may use unobligated balances,
including recaptures and carryovers, remaining from amounts
appropriated in prior fiscal years under this heading for
voucher assistance for nonelderly disabled families and for
disaster assistance made available under Public Law 110-
329;</DELETED>
<DELETED> (3) $1,530,000,000 shall be for administrative and
other expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated
with section 8 tenant protection rental assistance, the
administration of disaster related vouchers, Veterans Affairs
Supportive Housing vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$1,520,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2016 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this
paragraph are insufficient to pay the amounts determined under
the previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements, and shall be
subject to the same uniform percentage decrease as under the
previous proviso: Provided further, That amounts provided under
this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;</DELETED>
<DELETED> (4) $107,643,210 for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), including
necessary administrative expenses: Provided, That
administrative and other expenses of public housing agencies in
administering the special purpose vouchers in this paragraph
shall be funded under the same terms and be subject to the same
pro rata reduction as the percent decrease for administrative
and other expenses to public housing agencies under paragraph
(3) of this heading;</DELETED>
<DELETED> (5) the Secretary shall separately track all
special purpose vouchers funded under this heading.</DELETED>
<DELETED>housing certificate fund</DELETED>
<DELETED>(including rescissions)</DELETED>
<DELETED> Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and
Urban Development under this heading, the heading ``Annual
Contributions for Assisted Housing'' and the heading ``Project-Based
Rental Assistance'', for fiscal year 2016 and prior years may be used
for renewal of or amendments to section 8 project-based contracts and
for performance-based contract administrators, notwithstanding the
purposes for which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year 1974 and
prior that have been terminated shall be rescinded: Provided further,
That amounts heretofore recaptured, or recaptured during the current
fiscal year, from section 8 project-based contracts from source years
fiscal year 1975 through fiscal year 1987 are hereby rescinded, and an
amount of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until expended,
for the purposes set forth under this heading, in addition to amounts
otherwise available.</DELETED>
<DELETED>public housing capital fund</DELETED>
<DELETED> For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437g) (``the Act''), $1,681,000,000, to remain available until
September 30, 2019: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2016 the Secretary of Housing
and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That up to $3,000,000 shall be to
support ongoing Public Housing Financial and Physical Assessment
activities: Provided further, That of the total amount provided under
this heading, not to exceed $20,000,000 shall be available for the
Secretary to make grants, notwithstanding section 204 of this Act, to
public housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-related
activity as well as needs resulting from unforeseen or unpreventable
emergencies and natural disasters excluding Presidentially declared
emergencies and natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal
year 2016: Provided further, That of the total amount provided under
this heading $30,000,000 shall be for supportive services, service
coordinator and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z-6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this heading, up
to $15,000,000 may be used for a Jobs-Plus initiative modeled after the
Jobs-Plus demonstration: Provided further, That the funding provided
under the previous proviso shall provide competitive grants to
partnerships between public housing authorities, local workforce
investment boards established under section 117 of the Workforce
Investment Act of 1998, and other agencies and organizations that
provide support to help public housing residents obtain employment and
increase earnings: Provided further, That applicants must demonstrate
the ability to provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided further, That
the Secretary may set aside a portion of the funds provided for the
Resident Opportunity and Self-Sufficiency program to support the
services element of the Jobs-Plus Pilot initiative: Provided further,
That the Secretary may allow PHAs to request exemptions from rent and
income limitation requirements under sections 3 and 6 of the United
States Housing Act of 1937 as necessary to implement the Jobs-Plus
program, on such terms and conditions as the Secretary may approve upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation of the
Jobs-Plus initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the Federal
Register any waivers or alternative requirements pursuant to the
preceding proviso no later than 10 days before the effective date of
such notice: Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2016 to public
housing agencies that are designated high performers: Provided further,
That the Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act.</DELETED>
<DELETED>public housing operating fund</DELETED>
<DELETED> For 2016 payments to public housing agencies for the
operation and management of public housing, as authorized by section
9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,440,000,000.</DELETED>
<DELETED>choice neighborhoods initiative</DELETED>
<DELETED> For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), unless otherwise specified under this heading),
for transformation, rehabilitation, and replacement housing needs of
both public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $20,000,000, to remain available until September 30, 2018:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall undertake comprehensive local planning
with input from residents and the community, and that grantees shall
provide a match in State, local, other Federal or private funds:
Provided further, That grantees may include local governments, tribal
entities, public housing authorities, and nonprofits: Provided further,
That for-profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review, a grantee
shall be treated as a public housing agency under section 26 of the
United States Housing Act of 1937 (42 U.S.C. 1437x), and grants under
this heading shall be subject to the regulations issued by the
Secretary to implement such section: Provided further, That such
grantees shall create partnerships with other local organizations
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
may be used for purposes under this heading, notwithstanding the
purposes for which such amounts were appropriated.</DELETED>
<DELETED>family self-sufficiency</DELETED>
<DELETED> For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United States
Housing Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000, to
remain available until September 30, 2017: Provided, That the Secretary
may, by Federal Register notice, waive or specify alternative
requirements under section b(3), b(4), b(5), or c(1) of section 23 of
such Act in order to facilitate the operation of a unified self-
sufficiency program for individuals receiving assistance under
different provisions of the Act, as determined by the Secretary:
Provided further, That owners of multifamily properties with project-
based subsidy contracts under section 8 may compete for funding under
this heading and/or voluntarily make a Family Self-Sufficiency program
available to the assisted tenants of such property in accordance with
procedures established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall permit
participating tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual receipt
accounts to hire coordinators for their own Family Self-Sufficiency
program.</DELETED>
<DELETED>native american housing block grants</DELETED>
<DELETED> For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$650,000,000, to remain available until September 30, 2020: Provided,
That, notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts: Provided further, That of the amounts made available under
this heading, $3,500,000 shall be contracted for assistance for
national or regional organizations representing Native American housing
interests for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities as
authorized under NAHASDA: Provided further, That of the funds made
available under the previous proviso, not less than $2,000,000 shall be
made available for a national organization as authorized under section
703 of NAHASDA (25 U.S.C. 4212): Provided further, That of the amounts
made available under this heading, $2,000,000 shall be to support the
inspection of Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and management of such
Indian housing and tenant-based assistance, including up to $300,000
for related travel: Provided further, That of the amount provided under
this heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $17,452,007: Provided further, That
the Department will notify grantees of their formula allocation within
60 days of the date of enactment of this Act: Provided further,
notwithstanding section 302(d) of NAHASDA, if on January 1, 2016, a
recipient's total amount of undisbursed block grants in the
Department's line of credit control system is greater than three times
the formula allocation it would otherwise receive under this heading,
the Secretary shall adjust that recipient's formula allocation down by
the difference between its total amount of undisbursed block grants in
the Department's line of credit control system on January 1, 2016, and
three times the formula allocation it would otherwise receive: Provided
further, That grant amounts not allocated to a recipient pursuant to
the previous proviso shall be allocated under the need component of the
formula proportionately among all other Indian tribes not subject to an
adjustment: Provided further, That the 2 previous provisos shall not
apply to any Indian tribe that would otherwise receive a formula
allocation of less than $5,000,000: Provided further, That to take
effect, the three previous provisos do not require the issuance of any
regulation.</DELETED>
<DELETED>indian housing loan guarantee fund program account</DELETED>
<DELETED> For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13a), $8,000,000, to remain available until expended: Provided,
That such costs, including the costs of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$1,269,841,270, to remain available until expended: Provided further,
That up to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.</DELETED>
<DELETED>Community Planning and Development</DELETED>
<DELETED>housing opportunities for persons with aids</DELETED>
<DELETED> For carrying out the Housing Opportunities for Persons
with AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $332,000,000 (increased by $3,000,000), to
remain available until September 30, 2017, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall remain
available until September 30, 2018: Provided, That the Secretary shall
renew all expiring contracts for permanent supportive housing that
initially were funded under section 854(c)(3) of such Act from funds
made available under this heading in fiscal year 2010 and prior fiscal
years that meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act.</DELETED>
<DELETED>community development fund</DELETED>
<DELETED> For assistance to units of State and local government, and
to other entities, for economic and community development activities,
and for other purposes, $3,060,000,000, to remain available until
September 30, 2018, unless otherwise specified: Provided, That of the
total amount provided, $3,000,000,000 is for carrying out the community
development block grant program under title I of the Housing and
Community Development Act of 1974, as amended (``the Act'' herein) (42
U.S.C. 5301 et seq.): Provided further, That unless explicitly provided
for under this heading, not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for planning
and management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer all
or any portion of such funds to another such entity in exchange for any
other funds, credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity for
an economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subparagraph (e)(2): Provided further, That none of the
funds made available under this heading may be used for grants for the
Economic Development Initiative (``EDI'') or Neighborhood Initiatives
activities, Rural Innovation Fund, or for grants pursuant to section
107 of the Housing and Community Development Act of 1974 (42 U.S.C.
5307): Provided further, That the Department shall notify grantees of
their formula allocation within 60 days of enactment of this Act:
Provided further, That of the total amount provided under this heading
$60,000,000 shall be for grants to Indian tribes notwithstanding
section 106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 204 of this Act), up to $3,960,000
may be used for emergencies that constitute imminent threats to health
and safety.</DELETED>
<DELETED>community development loan guarantees program
account</DELETED>
<DELETED>(including rescission)</DELETED>
<DELETED> Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2016, commitments to guarantee loans under
section 108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That all
unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading are hereby permanently
rescinded.</DELETED>
<DELETED>home investment partnerships program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the HOME investment partnerships program, as
authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $767,000,000, to remain available until
September 30, 2019: Provided, That notwithstanding the amount made
available under this heading, the threshold reduction requirements in
sections 216(10) and 217(b)(4) of such Act shall not apply to
allocations of such amount: Provided further, That the requirements
under provisos 2 through 6 under this heading for fiscal year 2012 and
such requirements applicable pursuant to the ``Full-Year Continuing
Appropriations Act, 2013'', shall not apply to any project to which
funds were committed on or after August 23, 2013, but such projects
shall instead be governed by the Final Rule titled ``Home Investment
Partnerships Program; Improving Performance and Accountability;
Updating Property Standards'' which became effective on such date:
Provided further, That notwithstanding paragraph (1)(B)(i) or (2)(B)(i)
of section 1337(a) of the Housing and Community Development Act of 1992
(12 U.S.C. 4567(a)), amounts allocated under such paragraphs shall be
credited to, made available, and merged with this account: Provided
further, That no amounts made available by any provision of law may be
transferred, reprogrammed, or credited to the Housing Trust
Fund.</DELETED>
<DELETED>self-help and assisted homeownership opportunity
program</DELETED>
<DELETED> For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended, $50,000,000, to remain
available until September 30, 2018: Provided, That of the total amount
provided under this heading, $10,000,000 shall be made available to the
Self-Help and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension Act of
1996, as amended: Provided further, That of the total amount provided
under this heading, $35,000,000 shall be made available for the second,
third, and fourth capacity building activities authorized under section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the total
amount provided under this heading, $5,000,000 shall be made available
for capacity building by national rural housing organizations with
experience assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofits, local governments and Indian Tribes serving high need rural
communities.</DELETED>
<DELETED>homeless assistance grants</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the emergency solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act, as amended; the continuum of care program as authorized under
subtitle C of title IV of such Act; and the rural housing stability
assistance program as authorized under subtitle D of title IV of such
Act, $2,185,000,000, to remain available until September 30, 2018:
Provided, That any rental assistance amounts that are recaptured under
such continuum of care program shall remain available until expended:
Provided further, That not less than $250,000,000 of the funds
appropriated under this heading shall be available for such emergency
solutions grants program: Provided further, That not less than
$1,905,000,000 of the funds appropriated under this heading shall be
available for such continuum of care and rural housing stability
assistance programs: Provided further, That up to $5,000,000 of the
funds appropriated under this heading shall be available for the
national homeless data analysis project: Provided further, That all
funds awarded for supportive services under the continuum of care
program and the rural housing stability assistance program shall be
matched by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and prior years,
a grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: Provided further, That the Secretary shall establish
minimum project performance thresholds for each grantee under the
continuum of care program based on program performance data: Provided
further, That none of the funds provided under this heading shall be
available to renew any expiring contract or amendment to a contract
funded under the continuum of care program unless the Secretary
determines that the expiring contract or amendment to a contract is
needed under the applicable continuum of care and meets appropriate
program requirements, financial standards, and performance measures,
including the minimum performance thresholds established in the
previous proviso: Provided further, That the Secretary shall prioritize
funding under the continuum of care program to grant applications that
demonstrate a capacity to reallocate funding from lower performing
projects to higher performing projects: Provided further, That all
awards of assistance under this heading shall be required to coordinate
and integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible: Provided further, That with respect to funds provided under
this heading for the continuum of care program for fiscal years 2013,
2014, 2015, and 2016 provision of permanent housing rental assistance
may be administered by private nonprofit organizations: Provided
further, That any unobligated amounts remaining from funds appropriated
under this heading in fiscal year 2012 and prior years for project-
based rental assistance for rehabilitation projects with 10-year grant
terms may be used for purposes under this heading, notwithstanding the
purposes for which such funds were appropriated: Provided further,
That all balances for Shelter Plus Care renewals previously funded from
the Shelter Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for continuum of care renewals in
fiscal year 2016: Provided further, That the Department shall notify
grantees of their formula allocation from amounts allocated (which may
represent initial or final amounts allocated) for the emergency
solutions grant program within 60 days of enactment of this
Act.</DELETED>
<DELETED>Housing Programs</DELETED>
<DELETED>project-based rental assistance</DELETED>
<DELETED> For activities and assistance for the provision of
project-based subsidy contracts under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise provided
for, $10,254,000,000, to remain available until expended, shall be
available on October 1, 2015 (in addition to the $400,000,000
previously appropriated under this heading that became available
October 1, 2015), and $400,000,000, to remain available until expended,
shall be available on October 1, 2016: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $150,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary of Housing and Urban Development
may also use such amounts in the previous proviso for performance-based
contract administrators for the administration of: (1) interest
reduction payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); (2) rent supplement payments pursuant to
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); (3) section 236(f)(2) rental assistance payments (12 U.S.C.
1715z-1(f)(2)); (4) project rental assistance contracts for the elderly
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q);
(5) project rental assistance contracts for supportive housing for
persons with disabilities under section 811(d)(2) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)); (6)
project assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and (7) loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667): Provided further, That amounts recaptured under this heading, the
heading ``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or amendments
to section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That, notwithstanding any other
provision of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
previous proviso shall be available in addition to the amount otherwise
provided by this heading for uses authorized under this
heading.</DELETED>
<DELETED>housing for the elderly</DELETED>
<DELETED> For amendments to capital advance contracts for housing
for the elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the elderly
under section 202(c)(2) of such Act, including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for senior preservation rental
assistance contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the housing,
$414,000,000 (increased by $2,500,000) to remain available until
September 30, 2019: Provided, That of the amount provided under this
heading, up to $77,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for residents of
assisted housing projects: Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided further, That
upon request of the Secretary of Housing and Urban Development, project
funds that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract, and that
upon termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department and
deposited in this account, to be available until September 30, 2019,
for purposes under this heading, and shall be in addition to the
amounts otherwise provided under this heading for such purposes:
Provided further, That in addition, of the prior year unobligated
balances of funds, including recaptures and carryover, made available
under this heading, $47,000,000 shall be used for an additional amount
for the purposes provided under this heading, notwithstanding any
purpose for which originally appropriated.</DELETED>
<DELETED>housing for persons with disabilities</DELETED>
<DELETED> For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by section 811 of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
for project rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for project
assistance contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the housing
for persons with disabilities as authorized by section 811(b)(1) of
such Act, $152,000,000, to remain available until September 30, 2019:
Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the Secretary
of Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a section 811
project rental assistance contract and that upon termination of such
contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account, to
be available until September 30, 2019: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading may be
used for the current purposes authorized under this heading
notwithstanding the purposes for which such funds originally were
appropriated.</DELETED>
<DELETED>Housing Counseling Assistance</DELETED>
<DELETED> For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended, $47,000,000, to remain available
until September 30, 2017, including up to $4,500,000 for administrative
contract services: Provided, That grants made available from amounts
provided under this heading shall be awarded within 180 days of
enactment of this Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners, both current
and prospective, with respect to property maintenance, financial
management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their
financial needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing counselor
training: Provided further, That for purposes of providing such grants
from amounts provided under this heading, the Secretary may enter into
multiyear agreements as is appropriate, subject to the availability of
annual appropriations.</DELETED>
<DELETED>rental housing assistance</DELETED>
<DELETED> For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in State-
aided, noninsured rental housing projects, $30,000,000, to remain
available until expended: Provided, That such amount, together with
unobligated balances from recaptured amounts appropriated prior to
fiscal year 2006 from terminated contracts under such sections of law,
and any unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after fiscal year
2005, shall also be available for extensions of up to one year for
expiring contracts under such sections of law.</DELETED>
<DELETED>payment to manufactured housing fees trust fund</DELETED>
<DELETED> For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $11,000,000, to remain available until
expended, of which $11,000,000 is to be derived from the Manufactured
Housing Fees Trust Fund: Provided, That not to exceed the total amount
appropriated under this heading shall be available from the general
fund of the Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the Fund
pursuant to section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall be
reduced as such collections are received during fiscal year 2016 so as
to result in a final fiscal year 2016 appropriation from the general
fund estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2016
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and
the Secretary, as provided herein, may use such collections, as well as
fees collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.</DELETED>
<DELETED>Federal Housing Administration</DELETED>
<DELETED>mutual mortgage insurance program account</DELETED>
<DELETED> New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2017:
Provided, That during fiscal year 2016, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $5,000,000: Provided further,
That the foregoing amount in the previous proviso shall be for loans to
nonprofit and governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly insured
under the Mutual Mortgage Insurance Fund: Provided Further, That for
administrative contract expenses of the Federal Housing Administration,
$130,000,000, to remain available until September 30, 2017.</DELETED>
<DELETED>general and special risk program account</DELETED>
<DELETED> New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by sections 238
and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
shall not exceed $30,000,000,000 in total loan principal, any part of
which is to be guaranteed, to remain available until September 30,
2017: Provided, That during fiscal year 2016, gross obligations for the
principal amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall not exceed
$5,000,000, which shall be for loans to nonprofit and governmental
entities in connection with the sale of single family real properties
owned by the Secretary and formerly insured under such Act.</DELETED>
<DELETED>Government National Mortgage Association</DELETED>
<DELETED>guarantees of mortgage-backed securities loan guarantee
program account</DELETED>
<DELETED> New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed $500,000,000,000, to remain available
until September 30, 2017: Provided, That $23,000,000 shall be available
for necessary salaries and expenses of the Office of Government
National Mortgage Association: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III of the
National Housing Act, as amended, shall be credited as offsetting
collections to this account.</DELETED>
<DELETED>Policy Development and Research</DELETED>
<DELETED>research and technology</DELETED>
<DELETED> For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, $52,500,000 (reduced by $2,500,000), to remain available until
September 30, 2017: Provided, That with respect to amounts made
available under this heading, notwithstanding section 204 of this
title, the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, or State or local
governments and their agencies for research projects: Provided further,
That with respect to the previous proviso, such partners to the
cooperative agreements must contribute at least a 50 percent match
toward the cost of the project: Provided further, That for non-
competitive agreements entered into in accordance with the previous two
provisos, the Secretary of Housing and Urban Development shall comply
with section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu
of compliance with section 102(a)(4)(C) with respect to documentation
of award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan, for
approval, to the House and Senate Committees on Appropriations on how
it will allocate funding for this activity.</DELETED>
<DELETED>Fair Housing and Equal Opportunity</DELETED>
<DELETED>fair housing activities</DELETED>
<DELETED> For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, and
section 561 of the Housing and Community Development Act of 1987, as
amended, $65,300,000 (reduced by $28,375,000) (increased by
$28,375,000), to remain available until September 30, 2017: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to provide such training: Provided further, That
no funds made available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $300,000
(increased by $150,000) shall be available to the Secretary of Housing
and Urban Development for the creation and promotion of translated
materials and other programs that support the assistance of persons
with limited English proficiency in utilizing the services provided by
the Department of Housing and Urban Development.</DELETED>
<DELETED>Office of Lead Hazard Control and Healthy Homes</DELETED>
<DELETED>lead hazard reduction</DELETED>
<DELETED> For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992, $75,000,000, to remain available until September 30, 2017:
Provided, That up to $15,000,000 of that amount shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of the
Housing and Urban Development Act of 1970 that shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housing-
related diseases and hazards: Provided further, That for purposes of
environmental review, pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and other provisions of the law that
further the purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That amounts made available under this
heading in this or prior appropriations Acts, and that still remain
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.</DELETED>
<DELETED>information technology fund</DELETED>
<DELETED> For the development of, modifications to, and
infrastructure for Department-wide and program-specific information
technology systems, for the continuing operation and maintenance of
both Department-wide and program-specific information systems, and for
program-related maintenance activities, $100,000,000 (reduced by
$3,000,000): Provided, That any amounts transferred to this Fund under
this Act shall remain available until expended: Provided further, That
any amounts transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts may be used for the purposes
specified under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act of 1978, as
amended, $126,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this
office.</DELETED>
<DELETED>General Provisions--Department of Housing and Urban
Development</DELETED>
<DELETED>(including rescissions)</DELETED>
<DELETED> Sec. 201. Eighty five percent of the amounts of budget
authority, or in lieu thereof 85 percent of the cash amounts associated
with such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded or in
the case of cash, shall be remitted to the Treasury. Notwithstanding
the previous sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate. Any amounts of budget authority
or cash recaptured and not rescinded, returned to the Treasury, or
otherwise awarded by September 30, 2016, shall be rescinded or in the
case of cash, shall be remitted to the Treasury.</DELETED>
<DELETED> Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2016 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged in by
one or more persons, including the filing or maintaining of a
nonfrivolous legal action, that is engaged in solely for the purpose of
achieving or preventing action by a Government official or entity, or a
court of competent jurisdiction.</DELETED>
<DELETED> Sec. 203. Sections 203 and 209 of division C of Public
Law 112-55 (125 Stat. 693-694) shall apply during fiscal year 2016 as
if such sections were included in this title, except that during such
fiscal year such sections shall be applied by substituting ``fiscal
year 2016'' for ``fiscal year 2011'' and for ``fiscal year 2012'' each
place such terms appear, and shall be amended to reflect revised
delineations of statistical areas established by the Office of
Management and Budget pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C.
1104(d), and Executive Order No. 10253.</DELETED>
<DELETED> Sec. 204. Except as explicitly provided in law, any
grant, cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545).</DELETED>
<DELETED> Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act or
section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal
services on a contract or fee basis, and for utilizing and making
payment for the services and facilities of the Federal National
Mortgage Association, Government National Mortgage Association, Federal
Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve
banks or any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance Corporation
Act, as amended (12 U.S.C. 1811-11).</DELETED>
<DELETED> Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available for any
program, project or activity in excess of amounts set forth in the
budget estimates submitted to Congress.</DELETED>
<DELETED> Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government
Corporation Control Act are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of such Act as may
be necessary in carrying out the programs set forth in the budget for
2016 for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.</DELETED>
<DELETED> Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.</DELETED>
<DELETED> Sec. 209. The President's formal budget request for
fiscal year 2017, as well as the Department of Housing and Urban
Development's congressional budget justifications to be submitted to
the Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure
provided under this Act.</DELETED>
<DELETED> Sec. 210. A public housing agency or such other entity
that administers Federal housing assistance for the Housing Authority
of the county of Los Angeles, California, and the States of Alaska,
Iowa, and Mississippi shall not be required to include a resident of
public housing or a recipient of assistance provided under section 8 of
the United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 for the
Housing Authority of the county of Los Angeles, California, and the
States of Alaska, Iowa, and Mississippi that chooses not to include a
resident of public housing or a recipient of section 8 assistance on
the board of directors or a similar governing board shall establish an
advisory board of not less than six residents of public housing or
recipients of section 8 assistance to provide advice and comment to the
public housing agency or other administering entity on issues related
to public housing and section 8. Such advisory board shall meet not
less than quarterly.</DELETED>
<DELETED> Sec. 211. No funds provided under this title may be used
for an audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).</DELETED>
<DELETED> Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for fiscal years
2016 and 2017, the Secretary of Housing and Urban Development may
authorize the transfer of some or all project-based assistance, debt
held or insured by the Secretary and statutorily required low-income
and very low-income use restrictions if any, associated with one or
more multifamily housing project or projects to another multifamily
housing project or projects.</DELETED>
<DELETED> (b) Transfers of project-based assistance under this
section may be done in phases to accommodate the financing and other
requirements related to rehabilitating or constructing the project or
projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).</DELETED>
<DELETED> (c) The transfer authorized in subsection (a) is subject
to the following conditions:</DELETED>
<DELETED> (1) Number and bedroom size of units:</DELETED>
<DELETED> (A) For occupied units in the transferring
project: the number of low-income and very low-income
units and the configuration (i.e., bedroom size)
provided by the transferring project shall be no less
than when transferred to the receiving project or
projects and the net dollar amount of Federal
assistance provided to the transferring project shall
remain the same in the receiving project or
projects.</DELETED>
<DELETED> (B) For unoccupied units in the
transferring project the Secretary may authorize a
reduction in the number of dwelling units in the
receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided
there is no increase in the project-based assistance
budget authority.</DELETED>
<DELETED> (2) The transferring project shall, as determined
by the Secretary, be either physically obsolete or economically
nonviable.</DELETED>
<DELETED> (3) The receiving project or projects shall meet
or exceed applicable physical standards established by the
Secretary.</DELETED>
<DELETED> (4) The owner or mortgagor of the transferring
project shall notify and consult with the tenants residing in
the transferring project and provide a certification of
approval by all appropriate local governmental
officials.</DELETED>
<DELETED> (5) The tenants of the transferring project who
remain eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their units
in the transferring project or projects until new units in the
receiving project are available for occupancy.</DELETED>
<DELETED> (6) The Secretary determines that this transfer is
in the best interest of the tenants.</DELETED>
<DELETED> (7) If either the transferring project or the
receiving project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner shall
be subordinate to any FHA-insured mortgage lien transferred to,
or placed on, such project by the Secretary, except that the
Secretary may waive this requirement upon determination that
such a waiver is necessary to facilitate the financing of
acquisition, construction, and/or rehabilitation of the
receiving project or projects.</DELETED>
<DELETED> (8) If the transferring project meets the
requirements of subsection (d)(2), the owner or mortgagor of
the receiving project or projects shall execute and record
either a continuation of the existing use agreement or a new
use agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.</DELETED>
<DELETED> (9) The transfer does not increase the cost (as
defined in section 502 of the Congressional Budget Act of 1974,
as amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.</DELETED>
<DELETED> (d) For purposes of this section--</DELETED>
<DELETED> (1) the terms ``low-income'' and ``very low-
income'' shall have the meanings provided by the statute and/or
regulations governing the program under which the project is
insured or assisted;</DELETED>
<DELETED> (2) the term ``multifamily housing project'' means
housing that meets one of the following conditions--</DELETED>
<DELETED> (A) housing that is subject to a mortgage
insured under the National Housing Act;</DELETED>
<DELETED> (B) housing that has project-based
assistance attached to the structure including projects
undergoing mark to market debt restructuring under the
Multifamily Assisted Housing Reform and Affordability
Housing Act;</DELETED>
<DELETED> (C) housing that is assisted under section
202 of the Housing Act of 1959, as amended by section
801 of the Cranston-Gonzales National Affordable
Housing Act;</DELETED>
<DELETED> (D) housing that is assisted under section
202 of the Housing Act of 1959, as such section existed
before the enactment of the Cranston-Gonzales National
Affordable Housing Act;</DELETED>
<DELETED> (E) housing that is assisted under section
811 of the Cranston-Gonzales National Affordable
Housing Act; or</DELETED>
<DELETED> (F) housing or vacant land that is subject
to a use agreement;</DELETED>
<DELETED> (3) the term ``project-based assistance'' means--
</DELETED>
<DELETED> (A) assistance provided under section 8(b)
of the United States Housing Act of 1937;</DELETED>
<DELETED> (B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1,
1983);</DELETED>
<DELETED> (C) rent supplement payments under section
101 of the Housing and Urban Development Act of
1965;</DELETED>
<DELETED> (D) interest reduction payments under
section 236 and/or additional assistance payments under
section 236(f)(2) of the National Housing
Act;</DELETED>
<DELETED> (E) assistance payments made under section
202(c)(2) of the Housing Act of 1959; and</DELETED>
<DELETED> (F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act;</DELETED>
<DELETED> (4) the term ``receiving project or projects''
means the multifamily housing project or projects to which some
or all of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are to
be transferred;</DELETED>
<DELETED> (5) the term ``transferring project'' means the
multifamily housing project which is transferring some or all
of the project-based assistance, debt, and the statutorily
required low-income and very low-income use restrictions to the
receiving project or projects; and</DELETED>
<DELETED> (6) the term ``Secretary'' means the Secretary of
Housing and Urban Development.</DELETED>
<DELETED> (e) Public Notice and Research Report.--</DELETED>
<DELETED> (1) The Secretary shall publish by notice in the
Federal Register the terms and conditions, including criteria
for HUD approval, of transfers pursuant to this section no
later than 30 days before the effective date of such
notice.</DELETED>
<DELETED> (2) The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect
of such transfers on the operational efficiency, contract
rents, physical and financial conditions, and long-term
preservation of the affected properties.</DELETED>
<DELETED> Sec. 213. (a) No assistance shall be provided under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any individual who--</DELETED>
<DELETED> (1) is enrolled as a student at an institution of
higher education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));</DELETED>
<DELETED> (2) is under 24 years of age;</DELETED>
<DELETED> (3) is not a veteran;</DELETED>
<DELETED> (4) is unmarried;</DELETED>
<DELETED> (5) does not have a dependent child;</DELETED>
<DELETED> (6) is not a person with disabilities, as such
term is defined in section 3(b)(3)(E) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not
receiving assistance under such section 8 as of November 30,
2005; and</DELETED>
<DELETED> (7) is not otherwise individually eligible, or has
parents who, individually or jointly, are not eligible, to
receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f).</DELETED>
<DELETED> (b) For purposes of determining the eligibility of a
person to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance (in
excess of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution
of higher education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent
children.</DELETED>
<DELETED> Sec. 214. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in title II
of this Act shall be allocated to the same Native Alaskan housing block
grant recipients that received funds in fiscal year 2005.</DELETED>
<DELETED> Sec. 215. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)), the Secretary of Housing and Urban Development may, until
September 30, 2016, insure and enter into commitments to insure
mortgages under such section 255.</DELETED>
<DELETED> Sec. 216. Notwithstanding any other provision of law, in
fiscal year 2016, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing and
Urban Development, and during the process of foreclosure on any
property with a contract for rental assistance payments under section 8
of the United States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 and other programs that are
attached to any dwelling units in the property. To the extent the
Secretary determines, in consultation with the tenants and the local
government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration of: (1)
the costs of rehabilitating and operating the property and all
available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (``MAHRAA''); and (2)
environmental conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies
to assist relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of the affected
tenants and use of other available remedies, such as partial abatements
or receivership. After disposition of any multifamily property
described under this section, the contract and allowable rent levels on
such properties shall be subject to the requirements under section 524
of MAHRAA.</DELETED>
<DELETED> Sec. 217. The commitment authority funded by fees as
provided under the heading ``Community Development Loan Guarantees
Program Account'' may be used to guarantee, or make commitments to
guarantee, notes or other obligations issued by any State on behalf of
non-entitlement communities in the State in accordance with the
requirements of section 108 of the Housing and Community Development
Act of 1974: Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas that
received the commitment.</DELETED>
<DELETED> Sec. 218. Public housing agencies that own and operate
400 or fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.</DELETED>
<DELETED> Sec. 219. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g (d) and (e)),
the Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g) (1) and
(2)): Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).</DELETED>
<DELETED> Sec. 220. No official or employee of the Department of
Housing and Urban Development shall be designated as an allotment
holder unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system of funds
control and has received training in funds control procedures and
directives. The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD sub-office under the accounts
``Executive Offices'' and ``Administrative Support Offices'', as well
as each account receiving appropriations for ``Program Office Salaries
and Expenses'', ``Government National Mortgage Association--Guarantees
of Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.</DELETED>
<DELETED> Sec. 221. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2016, notify the public
through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding availability (NOFA) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2016, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through other
electronic media, as determined by the Secretary.</DELETED>
<DELETED> Sec. 222. Payment of attorney fees in program-related
litigation must be paid from the individual program office and Office
of General Counsel personnel funding. The annual budget submissions for
program offices and Office of General Counsel personnel funding must
include program-related litigation costs for attorney fees as a
separate line item request.</DELETED>
<DELETED> Sec. 223. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban Development, shall
be considered a ``program of the Department of Housing and Urban
Development'' under section 904 of the McKinney Act for the purpose of
income verifications and matching.</DELETED>
<DELETED> Sec. 224. (a) The Secretary of Housing and Urban
Development shall take the required actions under subsection (b) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--</DELETED>
<DELETED> (1) receives a Real Estate Assessment Center
(REAC) score of 30 or less; or</DELETED>
<DELETED> (2) receives a REAC score between 31 and 59; and--
</DELETED>
<DELETED> (A) fails to certify in writing to HUD
within 60 days that all deficiencies have been
corrected; or</DELETED>
<DELETED> (B) receives consecutive scores of less
than 60 on REAC inspections.</DELETED>
<DELETED>Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), but do not apply
to such units assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13))
or to public housing units assisted with capital or operating funds
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).</DELETED>
<DELETED> (b) The Secretary shall take the following required
actions as authorized under subsection (a):</DELETED>
<DELETED> (1) The Secretary shall notify the owner and
provide an opportunity for response within 30 days. If the
violations remain, the Secretary shall develop a Compliance,
Disposition and Enforcement Plan within 60 days, with a
specified timetable for correcting all deficiencies. The
Secretary shall provide notice of the Plan to the owner,
tenants, the local government, any mortgagees, and any contract
administrator.</DELETED>
<DELETED> (2) At the end of the term of the Compliance,
Disposition and Enforcement Plan, if the owner fails to fully
comply with such plan, the Secretary may require immediate
replacement of project management with a management agent
approved by the Secretary, and shall take one or more of the
following actions, and provide additional notice of those
actions to the owner and the parties specified above--
</DELETED>
<DELETED> (A) impose civil money
penalties;</DELETED>
<DELETED> (B) abate the section 8 contract,
including partial abatement, as determined by the
Secretary, until all deficiencies have been
corrected;</DELETED>
<DELETED> (C) pursue transfer of the project to an
owner, approved by the Secretary under established
procedures, which will be obligated to promptly make
all required repairs and to accept renewal of the
assistance contract as long as such renewal is offered;
or</DELETED>
<DELETED> (D) seek judicial appointment of a
receiver to manage the property and cure all project
deficiencies or seek a judicial order of specific
performance requiring the owner to cure all project
deficiencies.</DELETED>
<DELETED> (c) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
remedies set forth above. To the extent the Secretary determines, in
consultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of: (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments under
section 524 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (``MAHRAA''); and (2) environmental
conditions that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other rental
assistance. The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have physical inspection scores of less than 30
or have consecutive physical inspection scores of less than 60. The
report shall include--</DELETED>
<DELETED> (1) the enforcement actions being taken to address
such conditions, including imposition of civil money penalties
and termination of subsidies, and identify properties that have
such conditions multiple times; and</DELETED>
<DELETED> (2) actions that the Department of Housing and
Urban Development is taking to protect tenants of such
identified properties.</DELETED>
<DELETED> Sec. 225. None of the funds made available by this Act,
or any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be
used by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2016.</DELETED>
<DELETED> Sec. 226. None of the funds in this Act may be available
for the doctoral dissertation research grant program at the Department
of Housing and Urban Development.</DELETED>
<DELETED> Sec. 227. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to make a grant
award unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.</DELETED>
<DELETED> Sec. 228. None of the funds made available by this Act
may be used to require or enforce the Physical Needs Assessment
(PNA).</DELETED>
<DELETED> Sec. 229. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the Government
National Mortgage Administration, or the Department of Housing and
Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that refinances
or otherwise replaces a mortgage that has been subject to eminent
domain condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.</DELETED>
<DELETED> Sec. 230. None of the funds made available by this Act
may be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C.
5306).</DELETED>
<DELETED> Sec. 231. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.</DELETED>
<DELETED> Sec. 232. None of the funds made available by this Act
may be used by the Secretary of Housing and Urban Development to
require a recipient or sub-recipient of funding for the purpose of land
acquisition, affordable housing construction, or affordable housing
rehabilitation to meet Energy Star standards or any other energy
efficiency standards that exceed the requirements of applicable State
and local building codes.</DELETED>
<DELETED> Sec. 233. Of the unobligated balances, including
recaptures and carryover, remaining from funds appropriated in section
1497(a) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Public Law 111-203; 42 U.S.C. 5301 note) and section 2301(a) of
title III of division B of the Housing and Economic Recovery Act of
2008 (Public Law 110-289; 42 U.S.C. 5301 note), $7,000,000 is hereby
rescinded.</DELETED>
<DELETED> Sec. 234. (a) All unobligated balances, including
recaptures and carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under the heading ``Rural
Housing and Economic Development'' are hereby rescinded.</DELETED>
<DELETED> (b) Effective October 1, 2015, all unobligated balances,
including recaptures and carryover, remaining from funds appropriated
to the Department of Housing and Urban Development for accounts under
the headings ``Management and Administration'' and ``Program Office
Salaries and Expenses'' in division K of Public Law 113-235 are
rescinded.</DELETED>
<DELETED> This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2016''.</DELETED>
<DELETED>TITLE III--RELATED AGENCIES</DELETED>
<DELETED>Access Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$7,548,000: Provided, That, notwithstanding any other provision of law,
there may be credited to this appropriation funds received for
publications and training expenses.</DELETED>
<DELETED>Federal Maritime Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $25,660,000: Provided, That not to exceed $2,000
shall be available for official reception and representation
expenses.</DELETED>
<DELETED>National Railroad Passenger Corporation Office of Inspector
General</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out the
provisions of the Inspector General Act of 1978, as amended,
$23,999,000 (increased by $500,000): Provided, That the Inspector
General shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C. App. 3),
to investigate allegations of fraud, including false statements to the
government (18 U.S.C. 1001), by any person or entity that is subject to
regulation by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services within
the National Railroad Passenger Corporation: Provided further, That the
Inspector General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions, powers,
and duties of the Office of Inspector General, subject to the
applicable laws and regulations that govern such selections,
appointments, and employment within Amtrak: Provided further, That
concurrent with the President's budget request for fiscal year 2017,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2017 in similar
format and substance to those submitted by executive agencies of the
Federal Government.</DELETED>
<DELETED>National Transportation Safety Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS-15;
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902), $103,981,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts made
available to the National Transportation Safety Board in this Act
include amounts necessary to make lease payments on an obligation
incurred in fiscal year 2001 for a capital lease.</DELETED>
<DELETED>Neighborhood Reinvestment Corporation</DELETED>
<DELETED>payment to the neighborhood reinvestment corporation</DELETED>
<DELETED> For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by the
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107),
$135,000,000, of which $5,000,000 shall be for a multi-family rental
housing program: Provided, That in addition, $42,000,000 shall be made
available until expended to the Neighborhood Reinvestment Corporation
for mortgage foreclosure mitigation activities, under the following
terms and conditions:</DELETED>
<DELETED> (1) The Neighborhood Reinvestment Corporation
(NRC) shall make grants to counseling intermediaries approved
by the Department of Housing and Urban Development (HUD) (with
match to be determined by NRC based on affordability and the
economic conditions of an area; a match also may be waived by
NRC based on the aforementioned conditions) to provide mortgage
foreclosure mitigation assistance primarily to States and areas
with high rates of defaults and foreclosures to help eliminate
the default and foreclosure of mortgages of owner-occupied
single-family homes that are at risk of such foreclosure. Other
than areas with high rates of defaults and foreclosures, grants
may also be provided to approved counseling intermediaries
based on a geographic analysis of the Nation by NRC which
determines where there is a prevalence of mortgages that are
risky and likely to fail, including any trends for mortgages
that are likely to default and face foreclosure. A State
Housing Finance Agency may also be eligible where the State
Housing Finance Agency meets all the requirements under this
paragraph. A HUD-approved counseling intermediary shall meet
certain mortgage foreclosure mitigation assistance counseling
requirements, as determined by NRC, and shall be approved by
HUD or NRC as meeting these requirements.</DELETED>
<DELETED> (2) Mortgage foreclosure mitigation assistance
shall only be made available to homeowners of owner-occupied
homes with mortgages in default or in danger of default. These
mortgages shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall consist
of activities that are likely to prevent foreclosures and
result in the long-term affordability of the mortgage retained
pursuant to such activity or another positive outcome for the
homeowner. No funds made available under this paragraph may be
provided directly to lenders or homeowners to discharge
outstanding mortgage balances or for any other direct debt
reduction payments.</DELETED>
<DELETED> (3) The use of mortgage foreclosure mitigation
assistance by approved counseling intermediaries and State
Housing Finance Agencies shall involve a reasonable analysis of
the borrower's financial situation, an evaluation of the
current value of the property that is subject to the mortgage,
counseling regarding the assumption of the mortgage by another
non-Federal party, counseling regarding the possible purchase
of the mortgage by a non-Federal third party, counseling and
advice of all likely restructuring and refinancing strategies
or the approval of a work-out strategy by all interested
parties.</DELETED>
<DELETED> (4) NRC may provide up to 15 percent of the total
funds under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by NRC that the procedures for selection do not
consist of any procedures or activities that could be construed
as a conflict of interest or have the appearance of
impropriety.</DELETED>
<DELETED> (5) HUD-approved counseling entities and State
Housing Finance Agencies receiving funds under this paragraph
shall have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use other
criteria to demonstrate capacity in underserved
areas.</DELETED>
<DELETED> (6) Of the total amount made available under this
paragraph, up to $2,000,000 may be made available to build the
mortgage foreclosure and default mitigation counseling capacity
of counseling intermediaries through NRC training courses with
HUD-approved counseling intermediaries and their partners,
except that private financial institutions that participate in
NRC training shall pay market rates for such
training.</DELETED>
<DELETED> (7) Of the total amount made available under this
paragraph, up to 5 percent may be used for associated
administrative expenses for NRC to carry out activities
provided under this section.</DELETED>
<DELETED> (8) Mortgage foreclosure mitigation assistance
grants may include a budget for outreach and advertising, and
training, as determined by NRC.</DELETED>
<DELETED> (9) NRC shall continue to report bi-annually to
the House and Senate Committees on Appropriations as well as
the Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage
default.</DELETED>
<DELETED>United States Interagency Council on Homelessness</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental of
conference rooms, and the employment of experts and consultants under
section 3109 of title 5, United States Code) of the United States
Interagency Council on Homelessness in carrying out the functions
pursuant to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $3,530,000.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>GENERAL PROVISIONS--THIS ACT</DELETED>
<DELETED> Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.</DELETED>
<DELETED> Sec. 402. None of the funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless expressly so
provided herein.</DELETED>
<DELETED> Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract pursuant
to section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant
to existing law.</DELETED>
<DELETED> Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--</DELETED>
<DELETED> (1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the performance of
official duties;</DELETED>
<DELETED> (2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;</DELETED>
<DELETED> (3) does not require prior employee notification
of the content and methods to be used in the training and
written end of course evaluation;</DELETED>
<DELETED> (4) contains any methods or content associated
with religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988;
or</DELETED>
<DELETED> (5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.</DELETED>
<DELETED> (b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing directly
upon the performance of official duties.</DELETED>
<DELETED> Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2016, or
provided from any accounts in the Treasury derived by the collection of
fees and available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming of
funds that--</DELETED>
<DELETED> (1) creates a new program;</DELETED>
<DELETED> (2) eliminates a program, project, or
activity;</DELETED>
<DELETED> (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or
restricted by the Congress;</DELETED>
<DELETED> (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose;</DELETED>
<DELETED> (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;</DELETED>
<DELETED> (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less;
or</DELETED>
<DELETED> (7) creates, reorganizes, or restructures a
branch, division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement accompanying
this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of
the Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That
the report shall include--</DELETED>
<DELETED> (A) a table for each appropriation with a
separate column to display the prior year enacted
level, the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted
level;</DELETED>
<DELETED> (B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in the budget appendix for the
respective appropriation; and</DELETED>
<DELETED> (C) an identification of items of special
congressional interest.</DELETED>
<DELETED> Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2016 from appropriations made
available for salaries and expenses for fiscal year 2016 in this Act,
shall remain available through September 30, 2017, for each such
account for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided further, That
these requests shall be made in compliance with reprogramming
guidelines under section 405 of this Act.</DELETED>
<DELETED> Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of eminent
domain, unless eminent domain is employed only for a public use:
Provided, That for purposes of this section, public use shall not be
construed to include economic development that primarily benefits
private entities: Provided further, That any use of funds for mass
transit, railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.</DELETED>
<DELETED> Sec. 408. 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 Act or any other appropriations
Act.</DELETED>
<DELETED> Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and has
satisfactorily completed his or her period of active military or naval
service, and has within 90 days after his or her release from such
service or from hospitalization continuing after discharge for a period
of not more than 1 year, made application for restoration to his or her
former position and has been certified by the Office of Personnel
Management as still qualified to perform the duties of his or her
former position and has not been restored thereto.</DELETED>
<DELETED> Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').</DELETED>
<DELETED> Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).</DELETED>
<DELETED> Sec. 412. None of the funds made available in this Act
may be used for first-class airline accommodations in contravention of
sections 301-10.122 and 301-10.123 of title 41, Code of Federal
Regulations.</DELETED>
<DELETED> Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under sections
41301 through 41305 of title 49, United States Code, or exemption
application under section 40109 of that title of an air carrier already
holding an air operators certificate issued by a country that is party
to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such
approval would contravene United States law or Article 17 bis of the
U.S.-E.U.-Iceland-Norway Air Transport Agreement.</DELETED>
<DELETED> (b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from granting a
foreign air carrier permit or an exemption to such an air carrier where
such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.</DELETED>
<DELETED> Sec. 414. None of the funds made available by this Act
may be used by the Federal Maritime Commission or the Administrator of
the Maritime Administration to issue a license or certificate for a
commercial vessel that docked or anchored within the previous 180 days
within 7 miles of a port on property that was confiscated, in whole or
in part, by the Cuban Government, as the terms confiscated, Cuban
Government, and property are defined in paragraphs (4), (5), and
(12)(A), respectively, of section 4 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023).</DELETED>
<DELETED> Sec. 415. None of the funds made available by this Act
may be used by the Federal Transit Administration to implement,
administer, or enforce section 18.36(c)(2) of title 49, Code of Federal
Regulations, for construction hiring purposes.</DELETED>
<DELETED>spending reduction account</DELETED>
<DELETED> Sec. 416. The amount by which the applicable allocation
of new budget authority made by the Committee on Appropriations of the
House of Representatives under Section 302(b) of the Congressional
Budget Act of 1974 exceeds the amount of proposed new budget authority
is $0.</DELETED>
<DELETED> Sec. 417. None of the funds made available in this Act
may be used to enter into a contract with any offeror or any of its
principals if the offeror certifies, as required by the Federal
Acquisition Regulation, that the offeror or any of its principals--
</DELETED>
<DELETED> (1) within a 3-year period preceding this offer
has been convicted of or had a civil judgment rendered against
it for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation
of Federal or State antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;</DELETED>
<DELETED> (2) are presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in paragraph (1);
or</DELETED>
<DELETED> (3) within a 3-year period preceding this offer,
has been notified of any delinquent Federal taxes in an amount
that exceeds $3,000 for which the liability remains
unsatisfied.</DELETED>
<DELETED> Sec. 418. None of the funds made available by this Act
may be used in contravention of section 121.584 of title 14, Code of
Federal Regulations.</DELETED>
<DELETED> Sec. 419. None of the funds made available by this Act
may be used to make incentive payments pursuant to 48 CFR 16.4 to
contractors for contracts that are behind schedule under the terms of
the contract as prescribed by 48 CFR 52.211 or over the contract amount
indicated in Standard Form 33, box 20.</DELETED>
<DELETED> Sec. 420. None of the funds made available by this Act
may be used in contravention of the 5th or 14th Amendment to the
Constitution or title VI of the Civil Rights Act of 1964.</DELETED>
<DELETED> Sec. 421. None of the funds made available by this Act
may be used for the Federal Transit Administration's Rapid Growth Area
Transit Program.</DELETED>
<DELETED> Sec. 422. None of these funds made available by this Act
may be used by the Federal Aviation Administration (FAA) to redesign
the Phoenix Metroplex regional airspace.</DELETED>
<DELETED> Sec. 423. None of the funds made available by this Act
may be used to carry out section 210 of this Act with respect to the
Housing Authority of the county of Los Angeles, California.</DELETED>
<DELETED> Sec. 424. None of the funds made available by this Act
may be used for the Private Enforcement Initiative of the Fair Housing
Initiatives Program under section 561(b) of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a(b)) and section 125.401 of the
regulations of the Secretary of Housing and Urban Development (24 CFR
125.401).</DELETED>
<DELETED> Sec. 425. None of the funds made available by this Act
may be used to carry out the rule entitled ``Affirmatively Furthering
Fair Housing'', published by the Department of Housing and Urban
Development in the Federal Register on July 19, 2013 (78 Fed. Reg.
43710; Docket No. FR-5173-P-01) or to carry out the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'', published by
the Department of Housing and Urban Development in the Federal Register
on September 26, 2014 (79 Fed. Reg. 57949; Docket No. FR-5173-
02).</DELETED>
<DELETED> Sec. 426. None of the funds made available by this Act
may be used in contravention of section 5309 of title 49, United States
Code.</DELETED>
<DELETED> Sec. 427. None of the funds made available by this Act
may be used by the Department of Transportation, the Department of
Housing and Urban Development, or any other Federal agency 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.</DELETED>
<DELETED> Sec. 428. None of the funds made available by this Act
may be used to issue, implement, or enforce regulations by the Federal
Aviation Administration entitled ``Operations and Certification of
Small Unmanned Aircraft Systems'' (FAA-2015-0150) in contravention to
14 CFR 21.25(b)(1).</DELETED>
<DELETED> Sec. 429. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation Administration
to institute an administrative or civil action (as defined in section
47107 of title 49, United States Code) against the sponsor of the East
Hampton Airport in East Hampton, New York.</DELETED>
<DELETED> Sec. 430. None of the funds made available by this Act
may be used for high-speed rail in the State of California or for the
California High-Speed Rail Authority, nor may any be used by the
Federal Railroad Administration to administer a grant agreement with
the California High-Speed Rail Authority that contains a tapered
matching requirement.</DELETED>
<DELETED> Sec. 431. None of the funds made available by this Act
may be used to enforce subpart B of part 750 of title 23, Code of
Federal Regulations, regarding signs for service clubs and religious
notices as defined in section 153(p) of such part.</DELETED>
<DELETED> Sec. 432. None of the funds made available by this Act
may be used in contravention of subpart E of part 5 of the regulations
of the Secretary of Housing and Urban Development (24 CFR part 5,
subpart E, relating to restrictions on assistance to
noncitizens).</DELETED>
<DELETED> Sec. 433. None of the funds made available by this Act
may be used to provide financial assistance in contravention of section
214(d) of the Housing and Community Development Act of 1980 (42 U.S.C.
1436a(d)).</DELETED>
<DELETED> Sec. 434. None of the funds made available by this Act
may be used by the Federal Aviation Administration for the bio-data
assessment in the hiring of Air Traffic Control Specialists.</DELETED>
<DELETED> Sec. 435. None of the funds made available by this Act
may be used to implement, administer, or enforce the final rule
entitled ``Implementation of the Fair Housing Act's Discriminatory
Effects Standard'', published by the Department of Housing and Urban
Development in the Federal Register on February 15, 2013 (78 Fed. Reg.
11460; Docket No. FR-5508-F-02).</DELETED>
<DELETED> Sec. 436. None of the funds made available by this Act
may be used in contravention of Executive Order No. 11246 (relating to
Equal Employment Opportunity).</DELETED>
<DELETED> Sec. 437. None of the funds made available by this Act
may be used to acquire a camera for the purpose of collecting or
storing vehicle license plate numbers.</DELETED>
<DELETED> This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2016''.</DELETED>
DIVISION A--DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, and Housing and Urban Development, and related agencies
for the fiscal year ending September 30, 2017, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$116,396,000, of which not to exceed $2,758,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,040,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $20,772,000 shall be available for the Office of the General
Counsel; not to exceed $11,108,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$16,020,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,569,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $30,054,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,142,000
shall be available for the Office of Public Affairs; not to exceed
$1,760,000 shall be available for the Office of the Executive
Secretariat; not to exceed $11,089,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $17,084,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding greater than 5
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107-71, there may be credited
to this appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $13,044,000, of which $8,218,000
shall remain available until September 30, 2019: Provided, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference to the
Office of the Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$525,000,000, to remain available through September 30, 2020:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, or a collaboration among such
entities on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided under
this heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects; and
port infrastructure investments (including inland port infrastructure
and land ports of entry): Provided further, That the Secretary may use
up to 20 percent of the funds made available under this heading for the
purpose of paying the subsidy and administrative costs of projects
eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, if the Secretary finds that such use of the funds
would advance the purposes of this paragraph: Provided further, That
in distributing funds provided under this heading, the Secretary shall
take such measures so as to ensure an equitable geographic distribution
of funds, an appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall be not
less than $5,000,000 and not greater than $25,000,000: Provided
further, That not more than 10 percent of the funds made available
under this heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be, at the option of the
recipient, up to 80 percent: Provided further, That the Secretary
shall give priority to projects that require a contribution of Federal
funds in order to complete an overall financing package: Provided
further, That not less than 30 percent of the funds provided under this
heading shall be for projects located in rural areas: Provided
further, That for projects located in rural areas, the minimum grant
size shall be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That projects
conducted using funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a new
competition to select the grants and credit assistance awarded under
this heading: Provided further, That the Secretary may retain up to
$20,000,000 of the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Maritime Administration, to fund the
award and oversight of grants and credit assistance made under the
National Infrastructure Investments program.
national surface transportation and innovative finance bureau
For necessary expenses for the establishment and administration of
a new National Surface Transportation and Innovative Finance Bureau
(the Bureau) within the Office of the Secretary of Transportation,
$3,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall use such amount for the necessary
expenses to establish the Bureau and to fulfill the responsibilities of
the Bureau, as detailed in section 9001 of the Fixing America's Surface
Transportation (FAST) Act (Public Law 114-94) (49 U.S.C. 116):
Provided further, That the Secretary is required to receive the advance
approval of the House and Senate Committees on Appropriations prior to
exercising the authorities of 49 U.S.C. 116(h): Provided further, That
the program be available to other Federal agencies, States,
municipalities and project sponsors seeking Federal transportation
expertise in obtaining financing.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $4,000,000, to remain available through September 30, 2018.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2018.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,751,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $12,043,000: Provided,
That of such amount, $3,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts from other Federal agencies
for expenses incurred under this heading for IIPIC activities not
related to transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available to other
Federal agencies for the permitting and review of major infrastructure
projects not related to transportation to the extent that other Federal
agencies provide funding to the Department as provided for under the
previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $190,389,000 shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such
Committees.
minority business resource center program
For the cost of guaranteed loans, $339,000, as authorized by 49
U.S.C. 332: 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 these funds are available
to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $602,000.
small and disadvantaged business utilization and outreach
For the necessary expenses to establish Small and Disadvantaged
Business Utilization and Outreach, that will ensure small and
disadvantaged business policies of the Secretary of Transportation are
developed and implemented in a fair, efficient and effective manner,
$4,646,000, to remain available until September 30, 2018: Provided,
That notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $150,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any
other Act shall be used to enter into a new contract with a community
located less than 40 miles from the nearest small hub airport before
the Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be distributed for
the essential air service program under subsection 41742(b) of title
49, United States Code, shall be made available immediately from
amounts otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may reimburse
such amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 102. Notwithstanding section 3324 of title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital Fund is hereby
authorized to provide payments in advance to vendors that are necessary
to carry out the Federal transit pass transportation fringe benefit
program under Executive Order 13150 and section 3049 of Public Law 109-
59: Provided, That the Department shall include adequate safeguards in
the contract with the vendors to ensure timely and high-quality
performance under the contract.
Sec. 103. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 104. Notwithstanding any other provision of this Act--
(1) the total amount made available under the heading
``administrative expenses'' under the heading ``Federal Transit
Administration'' shall be $113,165,000; and
(2) the total amount made available under the heading
``salaries and expenses'' under the heading ``Office of the
Secretary'' shall be $113,896,000.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 112-95,
$10,048,352,000 of which $9,190,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $7,593,785,000
shall be available for air traffic organization activities; not to
exceed $1,286,982,000 shall be available for aviation safety
activities; not to exceed $19,826,000 shall be available for commercial
space transportation activities; not to exceed $771,342,000 shall be
available for finance and management activities; not to exceed
$60,155,000 shall be available for NextGen and operations planning
activities; not to exceed $107,161,000 shall be available for security
and hazardous materials safety; and not to exceed $209,101,000 shall be
available for staff offices: Provided, That not to exceed 2 percent of
any budget activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of
2 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the
report submitted to Congress in December 2004 pursuant to section 221
of Public Law 108-176: Provided further, That not later than March 31
of each fiscal year hereafter, the Administrator shall transmit to
Congress a companion report that describes a comprehensive strategy for
staffing, hiring, and training flight standards and aircraft
certification staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition estimates and
numerical hiring goals by fiscal year: Provided further, That the
amount herein appropriated shall be reduced by $100,000 per day for
each day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting organization to
assist in the development of aviation safety standards: Provided
further, That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided further,
That none of the funds in this Act shall be available for the Federal
Aviation Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically authorized by
law after the date of the enactment of this Act: Provided further,
That there may be credited to this appropriation, as offsetting
collections, funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates, or for
tests related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under this
heading, not less than $159,000,000 shall be for the contract tower
program, including the contract tower cost share program: Provided
further, That none of the funds in this Act for aeronautical charting
and cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided further, That
none of the funds appropriated or otherwise made available by this Act
or any other Act may be used to eliminate the Contract Weather
Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,838,000,000, of which $489,000,000 shall remain available until
September 30, 2017, and $2,349,000,000 shall remain available until
September 30, 2019: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than March 31, the Secretary
of Transportation shall transmit to the Congress an investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2018 through 2022, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report has
not been submitted to Congress.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $176,002,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2018: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,750,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2017, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $107,691,000 shall be
available for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$31,375,000 shall be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development Program:
Provided further, That in addition to airports eligible under section
41743 of title 49, such program may include the participation of an
airport that serves a community or consortium that is not larger than a
small hub airport, according to FAA hub classifications effective at
the time the Office of the Secretary issues a request for proposals.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2017.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the FAA for air traffic
control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year shall be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. The Secretary shall apportion to the sponsor of an
airport that received scheduled or unscheduled air service from a large
certified air carrier (as defined in part 241 of title 14 Code of
Federal Regulations, or such other regulations as may be issued by the
Secretary under the authority of section 41709) an amount equal to the
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary
determines that airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the Secretary under
part 241 of title 14, Code of Federal Regulations.
Sec. 117. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 118. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 119. None of the funds in this Act shall be available for
salaries and expenses of more than nine political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119A. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Sec. 119B. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119C. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119D. None of the funds provided under this Act may be used
by the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any application for participation in
the Contract Tower Program, pending as of January 1, 2016, including
applications from Cost-share Program participants if the Administrator
determines such tower is eligible under the criteria set forth in the
Federal Aviation report, Establishment and Discontinuance Criteria for
Airport Traffic Control Towers (FAA-APO-90-7).
Sec. 119E. For fiscal year 2017, the Secretary of Transportation
shall apportion to the sponsor of a primary airport under section
47114(c)(1)(A) of title 49, United States Code, an amount based on the
number of passenger boardings at the airport during calendar year 2012
if the airport had--
(1) fewer than 10,000 passenger boardings during the
calendar year used to calculate the apportionment for fiscal
year 2017 under section 116; and
(2) 10,000 or more passenger boardings during calendar year
2012.
Sec. 119F. Section 47109(c)(2) of title 49, United States Code, is
amended to read as follows: ``The Government's share of allowable
project costs determined under this subsection shall not exceed the
lesser of 93.75 percent or the highest percentage Government share
applicable to any project in any State under subsection (b), except
that at a primary non-hub and non-primary commercial service airport
located in a State as set forth in paragraph (1) of this subsection
that is within 15 miles of another State as set forth in paragraph (1)
of this subsection, the Government's share shall be an average of the
Government share applicable to any project in each of the States.''.
Sec. 119G. Section 911 of the FAA Modernization and Reform Act of
2012 (Public Law 112-95) is amended by inserting after subsection (b)
the following new subsection:
``(c) Collaboration and Reporting.--
``(1) The Administrator, in coordination with NASA, the
Department of Energy, U.S. Department of Agriculture, and after
consultation with other relevant agencies shall develop a joint
plan to carry out the research under subsection (a) and report
back to Congress within 180 days.
``(2) The Administrator, in coordination with the
Administrator of NASA, the Secretary of Energy, and the
Secretary of Agriculture, shall continue research and
development activities into the development and deployment of
jet fuels as outlined in subsection (a).''.
Sec. 119H. Section 332(c) of the FAA Modernization and Reform Act
of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended by adding
at the end the following:
``(6) Inclusion of certain flight test facilities.--The
Administrator shall expand the program established under
paragraph (1) to permit projects under the program to be
carried out at any public entity authorized by the Federal
Aviation Administration as an unmanned aircraft system flight
test center before January 1, 2009.''.
Sec. 119I. Notwithstanding Section 40117(b)(1) of title 49, United
States Code, the Secretary of Transportation may authorize use of a
passenger facility charge to finance an eligible airport-related
project if the eligible agency seeking to impose the new charge
controls an airport where a $2 passenger facility charge became
effective on January 1, 2013; and the airport where the passenger
facility charge is collected and the airport at which the project will
be carried out were under the control of the same eligible agency on
October 1, 2015.
Sec. 119J. (a) Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report assessing the importance of
collegiate aviation flight training operations and the effect of such
operations on the economy and infrastructure of airports in the
National Plan of Integrated Airport Systems.
(b) In the report required by subsection (a), the Comptroller
General shall include the following:
(1) An assessment of the total capacity of collegiate
aviation flight training programs in the United States to meet
the needs of the United States to train commercial pilots.
(2) An assessment of the footprint of collegiate aviation
flight training operations at the airports in the United
States.
(3) An assessment of whether infrastructure beyond that
necessary for operations of commercial air carriers is needed
at airports at which collegiate aviation flight training
operations are conducted.
(4) If such infrastructure is needed, an estimate of the
cost of such infrastructure.
(5) An identification of funding sources, available before
the date of the enactment of this Act or that may become
available after such date of enactment, that may be used to
construct such infrastructure.
(6) Recommendations for improving technical and financial
assistance to airports to construct such infrastructure.
Sec. 119K. (a) Subchapter I of chapter 471, as amended by this
subtitle, is further amended by adding at the end the following:
``Sec. 47144. Use of funds for repairs for runway safety repairs
``(a) In General.--The Secretary of Transportation may make project
grants under this subchapter to an airport described in subsection (b)
from funds under section 47114 apportioned to that airport or funds
available for discretionary grants to that airport under section 47115
to conduct airport development to repair the runway safety area of the
airport damaged as a result of a natural disaster in order to maintain
compliance with the regulations of the Federal Aviation Administration
relating to runway safety areas, without regard to whether construction
of the runway safety area damaged was carried out using amounts the
airport received under this subchapter.
``(b) Airports Described.--An airport is described in this
subsection if--
``(1) the airport is a public-use airport;
``(2) the airport is listed in the National Plan of
Integrated Airport Systems of the Federal Aviation
Administration;
``(3) the runway safety area of the airport was damaged as
a result of a natural disaster;
``(4) the airport was denied funding under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) with respect to the disaster;
``(5) the operator of the airport has exhausted all legal
remedies, including legal action against any parties (or
insurers thereof) whose action or inaction may have contributed
to the need for the repair of the runway safety area;
``(6) there is still a demonstrated need for the runway
safety area to accommodate current or imminent aeronautical
demand; and
``(7) the cost of repairing or replacing the runway safety
area is reasonable in relation to the anticipated operational
benefit of repairing the runway safety area, as determined by
the Administrator of the Federal Aviation Administration.''.
(b) The analysis for chapter 471, as amended by this subtitle, is
further amended by inserting after the item relating to section 47143
the following:
``47144. Use of funds for repairs for runway safety repairs.''.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $433,295,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration. In addition, not to exceed
$2,500,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation Act shall not exceed total obligations
of $43,266,100,000 for fiscal year 2017: Provided, That the Secretary
may collect and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms, including
counsel, in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to administrative expenses that are also available for
such purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $44,005,100,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned among the States
under chapter 1 of title 23, United States Code, a total of
$2,211,000,000 is hereby rescinded: Provided, That such rescission
shall not apply to funds distributed in accordance with sections
104(b)(3) and 130(f) of title 23, United States Code; section
133(d)(1)(A) of such title; the first sentence of section 133(d)(3)(A)
of such title, as in effect on the day before the date of enactment of
MAP-21 (Public Law 112-141); sections 133(d)(1) and 163 of such title,
as in effect on the day before the date of enactment of SAFETEA-LU
(Public Law 109-59); and section 104(b)(5) of such title, as in effect
on the day before the date of enactment of MAP-21 (Public Law 112-141):
Provided further, That such rescission shall not apply to funds that
are exempt from the obligation limitation or subject to special no-year
obligation limitation: Provided further, That the amount to be
rescinded from a State shall be determined by multiplying the total
amount of the rescission by the ratio that the unobligated balances
subject to the rescission as of September 30, 2016, for the State;
bears to the unobligated balances subject to the rescission as of
September 30, 2016, for all States: Provided further, That the amount
to be rescinded under this section from each program to which the
rescission applies within a State shall be determined by multiplying
the rescission amount calculated for such State by the ratio that the
unobligated balance as of September 30, 2016, for such program in such
State; bears to the unobligated balances as of September 30, 2016, for
all programs to which the rescission applies in such State.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2017, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2017, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. (a) Transfer of Amounts.--
(1) State of virginia.--
(A) In general.--Of the total amount apportioned to
the State of Virginia under section 104 of title 23,
United States Code, for fiscal year 2017, the Secretary
of Transportation shall, by the later of November 30,
2016, or 30 days after the enactment of this Act,
transfer to the National Park Service--
(i) an amount equal to--
(I) $30,000,000; multiplied by
(II) the ratio that--
(aa) the amount apportioned
to the State of Virginia under
such section 104; bears to
(bb) the combined amount
apportioned to the State of
Virginia and the District of
Columbia under such section
104; and
(ii) an amount of obligation limitation
equal to the amount calculated under clause
(i).
(B) Source and amount.--For purpose of the transfer
under subparagraph (A), the State of Virginia shall
select at the discretion of the State--
(i) the programs (among those for which
funding is apportioned as described in that
subparagraph) from which to transfer the amount
specified in that subparagraph; and
(ii) the amount to transfer from each of
those programs (equal in aggregate to the
amount calculated under subparagraph (A)(i)).
(2) District of columbia.--
(A) In general.--Of the total amount apportioned to
the District of Columbia under section 104 of title 23,
United States Code, for fiscal year 2017, the Secretary
of Transportation shall, by the later of November 30,
2016, or 30 days after the enactment of this Act,
transfer to the National Park Service--
(i) an amount equal to--
(I) $30,000,000; multiplied by
(II) the ratio that--
(aa) the amount apportioned
to the District of Columbia
under such section 104; bears
to
(bb) the combined amount
apportioned to the State of
Virginia and the District of
Columbia under such section
104; and
(ii) an amount of obligation limitation
equal to the amount calculated under clause
(i).
(B) Source and amount.--For purpose of the transfer
under subparagraph (A), the District of Columbia shall
select at the discretion of the District--
(i) the programs (among those for which
funding is apportioned as described in that
subparagraph) from which to transfer the amount
specified in that subparagraph; and
(ii) the amount to transfer from each of
those programs (equal in aggregate to the
amount calculated under subparagraph (A)(i)).
(3) Federal lands transportation program.--Of the amounts
otherwise made available to the National Park Service under
section 203 of title 23, United States Code, not less than 10
percent shall be set aside for purposes of this section.
(b) Eligibility and Federal Share.--The amounts under subsection
(a) shall be--
(1) available to the National Park Service only for
projects that--
(A) are eligible under section 203 of title 23,
United States Code;
(B) are located on bridges on the National Highway
System that were originally constructed before 1945 and
are in poor condition; and
(C) each have an estimated total project cost of
not less than $150,000,000; and
(2) subject to the Federal share described in section
201(b)(7)(A) of title 23, United States Code.
(c) Other Funds and Obligation Limitation.--Any funds and
obligation limitation transferred under subsection (a) shall be in
addition to funds or obligation limitation otherwise made available to
the National Park Service under sections 203 and 204 of title 23,
United States Code.
Sec. 123. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 124. None of the funds in this Act to the Department of
Transportation may be used to provide credit assistance unless not less
than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may, hereafter, use for any project
eligible under section 133(b) of title 23 or section 165 of title 23
and located within the boundary of the State or territory any earmarked
amount, and any associated obligation limitation, provided that the
Department of Transportation for the State or territory for which the
earmarked amount was originally designated or directed notifies the
Secretary of Transportation of its intent to use its authority under
this section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be applied.
Notwithstanding the original period of availability of funds to be
obligated under this section, such funds and associated obligation
limitation shall remain available for obligation for a period of 3
fiscal years after the fiscal year in which the Secretary of
Transportation is notified. The Federal share of the cost of a project
carried out with funds made available under this section shall be the
same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 50 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall--
(1) for fiscal year 2017, submit consolidated reports of
the information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations;
and
(2) for fiscal year 2018 and thereafter, post such
information annually on the Department's public Web site.
Sec. 126. None of the funds in this Act may be used to make a
grant for a project under section 117 of title 23, United States Code,
unless the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award.
Sec. 127. (a) Identification of High Priority Corridors on National
Highway System.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by adding at the end
the following:
``(89) United States Route 67 from Interstate 40 in North
Little Rock, Arkansas, to United States Route 412.
``(90) The Edward T. Breathitt Parkway from Interstate 24
to Interstate 69.''.
(b) Inclusion of Certain Route Segments on Interstate System.--
Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended in the first sentence by striking
``and subsection (c)(83)'' and inserting ``subsection (c)(83),
subsection (c)(89), and subsection (c)(90)''.
(c) Designation.--Section 1105(e)(5)(C)(i) of the Intermodal
Surface Transportation Efficiency Act of 1991 is amended by adding at
the end the following: ``The route referred to in subsection (c)(89) is
designated as Interstate Route I-57. The route referred to in
subsection (c)(90) is designated as Interstate Route I-169.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act,
$277,200,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $277,200,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2017, of which $9,180,000, to remain available for obligation until
September 30, 2019, is for the research and technology program.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $367,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $367,000,000 in fiscal
year 2017 for ``Motor Carrier Safety Grants''; of which $292,600,000
shall be available for the motor carrier safety assistance program,
$31,200,000 shall be available for the commercial driver's license
program implementation program, $42,200,000 shall be available for the
high priority activities program, and $1,000,000 shall be available for
the commercial motor vehicle operator grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28.
Sec. 131. Section 133 of division L, title I of the Consolidated
Appropriations Act, 2016, Public Law 114-113, is amended to read as
follows:
``(a) None of the funds appropriated or otherwise made available by
this Act or any other Act may be used to implement, administer, or
enforce the requirement for two off-duty periods from 1:00 a.m. to 5:00
a.m. under subsection 395.3(c) or the restriction on use of more than
one restart during a 168-hour period under subsection 395.3(d) of title
49, Code of Federal Regulations, and such provisions shall have no
force or effect as of the date of submission of the final report issued
by the Secretary of Transportation, as required by section 133 of
division K of Public Law 113-235, unless the Secretary and the
Inspector General of the Department of Transportation each review and
determine that the final report--
``(1) meets the statutory requirements set forth in such
section; and
``(2) establishes that commercial motor vehicle drivers who
operated under the restart provisions in operational effect
between July 1, 2013, and the day before the date of enactment
of such Public Law demonstrated statistically significant
improvement in all outcomes related to safety, operator
fatigue, driver health and longevity, and work schedules, in
comparison to commercial motor vehicle drivers who operated
under the restart provisions in operational effect on June 30,
2013.
``(b) If the Secretary and Inspector General do not each make the
determination required by subsection (a), the 34-hour restart rule in
operational effect on June 30, 2013, shall be restored to full force
and effect on the date the Secretary submits the final report to the
House and Senate Committees on Appropriations, and funds appropriated
or otherwise made available by this Act or any other Act shall be
available to implement, administer, or enforce such rule.
``(c) If the 34-hour restart rule in operational effect on June 30,
2013, is restored to full force and effect pursuant to subsection (b),
a driver who uses that restart rule may not drive after being on duty
more than 73 hours in any period of 7 consecutive days, where the 7-day
measurement period moves forward 1 day at midnight each day.''.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$160,075,000, of which $20,000,000 shall remain available through
September 30, 2018.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, and chapter 303 of title 49, United States Code,
$145,900,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which, in
fiscal year 2017, are in excess of $145,900,000, of which $140,700,000
shall be for programs authorized under 23 U.S.C. 403 and $5,200,000
shall be for the National Driver Register authorized under chapter 303
of title 49, United States Code: Provided further, That within the
$145,900,000 obligation limitation for operations and research,
$20,000,000 shall remain available until September 30, 2018, and shall
be in addition to the amount of any limitation imposed on obligations
for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America's Surface Transportation Act, to remain available until
expended, $585,372,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2017, are in
excess of $585,372,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's Surface
Transportation Act, of which $252,300,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $277,500,000 shall be for ``National
Priority Safety Programs'' under 23 U.S.C. 405; $29,500,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C. 404;
$26,072,000 shall be for ``Administrative Expenses'' under section
4001(a)(6) of the Fixing America's Surface Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(1)(8), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(1)(8) within 5
days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. Not later than 6 months after the date of the enactment
of this Act, the Secretary of Transportation shall issue a final rule
requiring the use of speed limiting devices on trucks with a gross
vehicle weight rating in excess of 26,000 pounds.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $208,500,000, of which $15,900,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,100,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority to exist as long as any such direct
loan or loan guarantee is outstanding.
consolidated rail infrastructure and safety improvements grants
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants as authorized by section 24407 of title
49, United States Code, $50,000,000, to remain available until
expended, of which up to $25,000,000 shall be available to carry out
section 24407(c)(1) of title 49, United States Code; and not less than
$25,000,000 shall be available to carry out paragraphs (2), (5), (6),
(7) and (10) of section 24407(c) of such title: Provided, That the
Secretary may withhold up to one percent of the amount provided under
this heading for the costs of project management oversight of grants
carried out under section 24407 of title 49, United States Code:
Provided further, That such funds shall only be used for grants related
to railroad safety.
federal-state partnership for state of good repair grants
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $20,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of project management
oversight of grants carried out under section 24911 of title 49, United
States Code.
restoration and enhancement grants
For necessary expenses related to grants, $15,000,000, to remain
available until expended, of which $5,000,000 shall be available to
carry out section 24408 of title 49, United States Code; and
$10,000,000 shall be available for capital grants for the restoration
or initiation of intercity passenger service in an amount not to exceed
50 percent of the total project cost: Provided, That the Secretary may
withhold up to one percent of the funds provided under this heading to
fund the costs of project management and oversight.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$345,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the National Network Grants to the National
Railroad Passenger Corporation heading to fund the costs of project
management and oversight of activities authorized by section 11101(c)
of division A of Public Law 114-94: Provided further, That in addition
to the project management oversight funds authorized under section
11101(c) of division A of Public Law 114-94, the Secretary may retain
up to an additional $5,000,000 of the funds provided under this heading
to fund expenses associated with the Northeast Corridor Commission
established under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under this heading
and the National Network Grants to the National Railroad Passenger
Corporation heading, not less than $50,000,000 shall be made available
to bring Amtrak-served facilities and stations into compliance with the
Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,075,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under 24712 of title 49, United
States Code.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President
of Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations each quarter within 60 days of such
quarter of the calendar year on waivers granted to employees and
amounts paid above the cap for each month within such quarter and
delineate the reasons each waiver was granted: Provided further, That
the President of Amtrak shall report to the House and Senate Committees
on Appropriations by May 15, 2017, a summary of all overtime payments
incurred by the Corporation for 2016 and the three prior calendar
years: Provided further, That such summary shall include the total
number of employees that received waivers and the total overtime
payments the Corporation paid to those employees receiving waivers for
each month for 2016 and for the three prior calendar years.
Sec. 151. Section 24408 of title 49, United States Code, is
amended by--
(1) Striking the words ``or enhancing'' in subsection (b)
and inserting in its place the words ``enhancing, or
supporting'';
(2) Striking subparagraph (c)(3)(C);
(3) Striking paragraph (d)(5); and
(4) Striking subsection (e) and replacing with a new
subsection (e) that states ``Grants made under this section may
not exceed 80 percent of the projected net operating costs.''.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $110,665,000: Provided, That none of the funds provided
or limited in this Act may be used to create a permanent office of
transit security under this heading: Provided further, That upon
submission to the Congress of the fiscal year 2018 President's budget,
the Secretary of Transportation shall transmit to Congress the annual
report on New Starts, including proposed allocations for fiscal year
2018.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
and section 20005(b) of Public Law 112-141, and sections 3006(b) and
3028 of the Fixing America's Surface Transportation Act,
$10,800,000,000, to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the Fixing
America's Surface Transportation Act, and section 20005(b) of Public
Law 112-141, and sections 3006(b) and 3028 of the Fixing America's
Surface Transportation Act, shall not exceed total obligations of
$9,733,706,043 in fiscal year 2017: Provided further, That the Federal
share of the cost of activities carried out under section 5312 shall
not exceed 80 percent, except that if there is substantial public
interest or benefit, the Secretary may approve a greater Federal share.
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309 and section
3005(b) of the FAST Act, $2,338,063,000, to remain available until
expended.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making progress to improve its safety
management system in response to the Federal Transit Administration's
2015 safety management inspection: Provided further, That prior to
approving such grants, the Secretary shall certify that the Washington
Metropolitan Area Transit Authority is making progress toward full
implementation of the corrective actions identified in the 2014
Financial Management Oversight Review Report: Provided further, That
the Secretary shall determine that the Washington Metropolitan Area
Transit Authority has placed the highest priority on those investments
that will improve the safety of the system before approving such
grants: Provided further, That the Secretary, in order to ensure
safety throughout the rail system, may waive the requirements of
section 601(e)(1) of division B of Public Law 110-432 (112 Stat. 4968).
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2021, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2016, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. Section 5303(r)(2)(C) of title 49, United States Code,
is amended--
(1) by inserting ``and 25 square miles of land area'' after
``145,000''; and
(2) by inserting ``and 12 square miles of land area'' after
``65,000''.
Sec. 164. Any unobligated amounts made available for fiscal year
2012 or prior fiscal years to carry out the discretionary job access
and reverse commute program under section 3037 of the transportation
equity act for the 21st century are hereby rescinded: Provided, That
such amounts are made available for projects eligible under 49 U.S.C.
5309(q).
Sec. 165. Section 5307(a) of title 49, United States Code, is
amended by striking paragraphs (2) and (3) and inserting the following:
``(2) Special rule.--The Secretary may make grants under
this section to finance the operating cost of equipment and
facilities for use in public transportation, excluding rail
fixed guideway, in an urbanized area with a population of not
fewer than 200,000 individuals, as determined by the Bureau of
the Census--
``(A) for public transportation systems that--
``(i) operate 75 or fewer buses in fixed
route service or demand response service,
excluding ADA complementary paratransit
service, during peak service hours, in an
amount not to exceed 75 percent of the share of
the apportionment which is attributable to such
systems within the urbanized area, as measured
by vehicle revenue hours; or
``(ii) operate a minimum of 76 buses and a
maximum of 100 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 50
percent of the share of the apportionment which
is attributable to such systems within the
urbanized area, as measured by vehicle revenue
hours; or
``(B) subject to paragraph (3), for public
transportation systems that--
``(i) operate 75 or fewer buses in fixed
route service or demand response service,
excluding ADA complementary paratransit
service, during peak service hours, in an
amount not to exceed 75 percent of the share of
the apportionment allocated to such systems
within the urbanized area, as determined by the
local planning process and included in the
designated recipient's final program of
projects prepared under subsection (b); or
``(ii) operate a minimum of 76 buses and a
maximum of 100 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service during peak
service hours, in an amount not to exceed 50
percent of the share of the apportionment
allocated to such systems within the urbanized
area, as determined by the local planning
process and included in the designated
recipient's final program of projects prepared
under subsection (b).
``(3) Limitation.--The amount available to a public
transportation system under subparagraph (B) of paragraph (2)
shall be not more than 10 percent greater than the amount that
would otherwise be available to the system under subparagraph
(A) of that paragraph.''.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $36,028,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $275,000,000, to remain available until expended: Provided,
That the Maritime Administration may make a reduction in payment pro
rata in the event sufficient funds have not been appropriated to pay
the full annual payment authorized for the Maritime Security Fleet
pursuant to section 53106 of title 46: Provided further, That the
Maritime Administration shall allocate the funds across 60 ships.
operations and training
For necessary expenses of operations and training activities
authorized by law, $175,160,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies, and of which $6,000,000 shall remain
available until expended for National Security Multi-Mission Vessel
Program for State Maritime Academies and National Security, and of
which $2,400,000 shall remain available through September 30, 2018, for
the Student Incentive Program at State Maritime Academies, and of which
$1,200,000 shall remain available until expended for training ship fuel
assistance payments, and of which $18,000,000 shall remain available
until expended for facilities maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine Academy, and
of which $3,000,000 shall remain available through September 30, 2018,
for Maritime Environment and Technology Assistance grants, contracts,
and cooperative agreement, and of which $5,000,000 shall remain
available until expended for the Short Sea Transportation Program
(America's Marine Highways) to make grants for the purposes provided in
title 46 sections 55601(b)(1) and 55601(b)(3): Provided further, That
not later than January 12, 2017, the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3507 of Public Law 110-417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-
281, $10,000,000 to remain available until expended: Provided, That
the Secretary shall issue the Notice of Funding Availability no later
than 15 days after enactment of this Act: Provided further, That from
applications submitted under the previous proviso, the Secretary of
Transportation shall make grants no later than 120 days after enactment
of this Act in such amounts as the Secretary determines: Provided
further, That not to exceed 2 percent of the funds appropriated under
this heading shall be available for necessary costs of grant
administration.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$20,000,000, to remain available until expended, of which $8,000,000
shall be for the decommissioning of the Nuclear Ship Savannah.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $5,000,000, of
which $2,000,000 shall remain available until expended: 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, as
amended: Provided further, That not to exceed $3,000,000 shall be
available for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(including transfer of funds)
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,207,000: Provided, That no later
than June 30, 2016, the Secretary of Transportation shall initiate a
rulemaking to expand the applicability of comprehensive oil spill
response plans, and shall issue a final rule no later than December 18,
2016: Provided further, That $1,500,000 shall be transferred to
``Pipeline Safety'' in order to fund ``Pipeline Safety Information
Grants to Communities'' as authorized under section 60130 of title 49,
United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $57,619,000, of which $7,570,000 shall remain available
until September 30, 2019: Provided, That up to $800,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$149,959,000, of which $20,288,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2019; and of which $129,671,000 shall be derived from the Pipeline
Safety Fund, of which $59,835,000 shall remain available until
September 30, 2018: Provided, That not less than $1,058,000 of the
funds provided under this heading shall be for the One-Call state grant
program.
emergency preparedness grants
(emergency preparedness fund)
Notwithstanding the fiscal year limitation specified in 49 U.S.C.
5116, not more than $28,318,000 shall be made available for obligation
in fiscal year 2017 from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided further, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That none of the funds made available by 49 U.S.C. 5116(h),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or his or her
designee: Provided further, That notwithstanding 49 U.S.C. 5128(b) and
(c) and the current year obligation limitation, prior year recoveries
recognized in the current year shall be available to develop a
hazardous materials response training curriculum for emergency
responders, including response activities for the transportation of
crude oil, ethanol and other flammable liquids by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $93,550,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. None of the funds in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, or grant unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations not less than 3 full
business days before any project competitively selected to receive a
discretionary grant award, any discretionary grant award, letter of
intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1) and
(2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit an appropriate account, which
shall be available for the purposes and period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to the transfer
of any such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, except for such
preferences authorized in this Act, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal Highway
Administration or Federal Transit Administration grant from imposing
such hiring preference on a contract or construction project with which
the Department of Transportation is assisting, only if the grant
recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2017''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, the
Departmental Enforcement Center, and the Center for Faith-Based and
Neighborhood Partnerships, $30,608,000: Provided, That not to exceed
$25,000 of the amount made available under this heading shall be
available to the Secretary for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $503,852,000, of which $53,451,000 shall be available for the
Office of the Chief Financial Officer; $79,053,000 shall be available
for the Office of the General Counsel; $202,823,000 shall be available
for the Office of Administration; $41,641,000 shall be available for
the Office of the Chief Human Capital Officer; $52,568,000 shall be
available for the Office of Field Policy and Management; $19,130,000
shall be available for the Office of the Chief Procurement Officer;
$3,891,000 shall be available for the Office of Departmental Equal
Employment Opportunity; $5,147,000 shall be available for the Office of
Strategic Planning and Management; and $46,148,000 shall be available
for the Office of the Chief Information Officer: Provided, That funds
provided under this heading may be used for necessary administrative
and non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that directly support program
activities funded in this title: Provided further, That the Secretary
shall provide the House and Senate Committees on Appropriations
quarterly written notification regarding the status of pending
congressional reports: Provided further, That the Secretary shall
provide in electronic form all signed reports required by Congress.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $220,500,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $110,000,000.
housing
For necessary salaries and expenses of the Office of Housing,
$393,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,500,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $74,235,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $8,075,000.
Working Capital Fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred to the
Fund under this heading shall be available for Federal shared services
used by offices and agencies of the Department, and for such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services as the Secretary determines shall be
derived from centralized sources made available by the Department to
all offices and agencies and funded through the Fund: Provided, That
of the amounts made available in this title for salaries and expenses
under the headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and ``Government
National Mortgage Association'', the Secretary shall transfer to the
Fund such amounts, to remain available until expended, as are necessary
to fund services, specified in the first proviso, for which the
appropriation would otherwise have been available, and may transfer not
to exceed an additional $10,000,000, in aggregate, from all such
appropriations, to be merged with the Fund and to remain available
until expended for use for any office or agency: Provided further,
That amounts in the Fund shall be the only amounts available to each
office or agency of the Department for the services, or portion of
services, specified in the first proviso: Provided further, That with
respect to the Fund, the authorities and conditions under this heading
shall supplement the authorities and conditions provided under section
7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $16,431,696,000, to remain available until
expended, shall be available on October 1, 2016 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2016), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2017: Provided, That
the amounts made available under this heading are provided as follows:
(1) $18,355,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2017 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection, HOPE VI, and Choice Neighborhoods vouchers:
Provided further, That none of the funds provided under this
paragraph may be used to fund a total number of unit months
under lease which exceeds a public housing agency's authorized
level of units under contract, except for public housing
agencies participating in the MTW demonstration, which are
instead governed by the terms and conditions of their MTW
agreements: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further, That
except as provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies
of their annual budget by the latter of 60 days after enactment
of this Act or March 1, 2017: Provided further, That the
Secretary may extend the notification period with the prior
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the MTW demonstration shall be funded pursuant
to their MTW agreements and shall be subject to the same pro
rata adjustments under the previous provisos: Provided
further, That the Secretary may offset public housing agencies'
calendar year 2017 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD held programmatic reserves (in accordance with
VMS data in calendar year 2016 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2017 MTW funding
allocation: Provided further, That the Secretary shall use any
offset referred to in the previous two provisos throughout the
calendar year to prevent the termination of rental assistance
for families as the result of insufficient funding, as
determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further,
That up to $75,000,000 shall be available only: (1) for
adjustments in the allocations for public housing agencies,
after application for an adjustment by a public housing agency
that experienced a significant increase, as determined by the
Secretary, in renewal costs of vouchers resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (2) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act; (3) for
adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers; and (4) for public
housing agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate rental assistance for families as a
result of insufficient funding: Provided further, That the
Secretary shall allocate amounts under the previous proviso
based on need, as determined by the Secretary;
(2) $110,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, HOPE VI and Choice Neighborhood
vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing
in section 202 properties financed between 1959 and 1974 that
are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided, That
when a public housing development is submitted for demolition
or disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph for
units assisted under a project-based subsidy contract funded
under the ``Project-Based Rental Assistance'' heading under
this title where the owner has received a Notice of Default and
the units pose an imminent health and safety risk to residents:
Provided further, That to the extent that the Secretary
determines that such units are not feasible for continued
rental assistance payments or transfer of the subsidy contract
associated with such units to another project or projects and
owner or owners, any remaining amounts associated with such
units under such contract shall be recaptured and used to
reimburse amounts used under this paragraph for rental
assistance under the preceding proviso: Provided further, That
the Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease to
be available as assisted housing, subject only to the
availability of funds: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any
public housing agency to issue any such voucher shall cease to
exist;
(3) $1,768,696,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated
with section 8 tenant protection rental assistance, the
administration of disaster related vouchers, Veterans Affairs
Supportive Housing vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$1,758,696,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2017 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this
paragraph are insufficient to pay the amounts determined under
the previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements, and shall be
subject to the same uniform percentage decrease as under the
previous proviso: Provided further, That amounts provided
under this paragraph shall be only for activities related to
the provision of tenant-based rental assistance authorized
under section 8, including related development activities;
(4) $110,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of this
heading;
(5) $7,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VA Supportive
Housing to serve Native American veterans that are homeless or
at-risk of homelessness living on or near a reservation or
other Indian areas: Provided, That such amount shall be made
available for renewal grants to the recipients that received
assistance under the rental assistance and supportive housing
demonstration program for Native American veterans authorized
under the heading ``Tenant-Based Rental Assistance'' in title
II of division K of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235, 128 Stat. 2733):
Provided further, That the Secretary shall be authorized to
specify criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients under
the demonstration program: Provided further, That any amounts
remaining after such renewal assistance is awarded may be
available for new grants to recipients eligible to receive
block grants under the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. section 4101 et seq.)
for rental assistance and associated administrative fees for
Tribal HUD-VA Supportive Housing to serve Native American
veterans that are homeless or at-risk of homelessness living on
or near a reservation or other Indian areas: Provided further,
That funds shall be awarded based on need and administrative
capacity established by the Secretary in a Notice published in
the Federal Register after coordination with the Secretary of
the Department of Veterans Affairs: Provided further, That
renewal grants and new grants under this paragraph shall be
administered by block grant recipients in accordance with
program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996: Provided
further, That assistance under this paragraph shall be modeled
after, with necessary and appropriate adjustments for Native
American grant recipients and veterans, the rental assistance
and supportive housing program known as HUD-VASH program,
including administration in conjunction with the Department of
Veterans Affairs and overall implementation of section 8(o)(19)
of the United States Housing Act of 1937: Provided further,
That the Secretary of Housing and Urban Development may waive,
or specify alternative requirements for any provision of any
statute or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor stands, and
the environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary;
(6) $50,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 204 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for
(in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it no
longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program;
(8) $11,000,000 shall be made available for the housing
choice voucher mobility demonstration authorized under section
243 of this title; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2017 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $1,925,000,000, to remain available until
September 30, 2020: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2017, the Secretary of Housing
and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That up to $10,000,000 shall be to
support ongoing public housing financial and physical assessment
activities: Provided further, That up to $1,000,000 shall be to
support the costs of administrative and judicial receiverships:
Provided further, That of the total amount provided under this heading,
not to exceed $21,500,000 shall be available for the Secretary to make
grants, notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs including safety and security
measures necessary to address crime and drug-related activity as well
as needs resulting from unforeseen or unpreventable emergencies and
natural disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2017:
Provided further, That of the amount made available under the previous
proviso, not less than $5,000,000 shall be for safety and security
measures: Provided further, That in addition to the amount in the
previous proviso for such safety and security measures, any amounts
that remain available, after all applications received on or before
September 30, 2018, for emergency capital needs have been processed,
shall be allocated to public housing agencies for such safety and
security measures: Provided further, That of the total amount provided
under this heading $35,000,000 shall be for supportive services,
service coordinator and congregate services as authorized by section 34
of the Act (42 U.S.C. 1437z-6) and the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.):
Provided further, That of the total amount made available under this
heading, $15,000,000 shall be for a Jobs-Plus initiative modeled after
the Jobs-Plus demonstration: Provided further, That the funding
provided under the previous proviso shall provide competitive grants to
partnerships between public housing authorities, local workforce
investment boards established under section 117 of the Workforce
Investment Act of 1998, and other agencies and organizations that
provide support to help public housing residents obtain employment and
increase earnings: Provided further, That applicants must demonstrate
the ability to provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided further,
That the Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under sections
3 and 6 of the United States Housing Act of 1937 as necessary to
implement the Jobs-Plus program, on such terms and conditions as the
Secretary may approve upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the effective
implementation of the Jobs-Plus initiative as a voluntary program for
residents: Provided further, That the Secretary shall publish by
notice in the Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days before the
effective date of such notice: Provided further, That for funds
provided under this heading, the limitation in section 9(g)(1) of the
Act shall be 25 percent: Provided further, That the Secretary may
waive the limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section 9(e)(1)(C) of the
Act: Provided further, That the Secretary shall notify public housing
agencies requesting waivers under the previous proviso if the request
is approved or denied within 14 days of submitting the request:
Provided further, That from the funds made available under this
heading, the Secretary shall provide bonus awards in fiscal year 2017
to public housing agencies that are designated high performers:
Provided further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of enactment of
this Act: Provided further, That of the total amount provided under
this heading, $25,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce lead-based paint hazards
in public housing by carrying out the activities of risk assessments,
abatement, and interim controls (as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851b)): Provided further, That for purposes of
environmental review, a grant under the previous proviso shall be
considered funds for projects or activities under title I of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) for purposes of
section 26 of such Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section.
public housing operating fund
For 2017 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,675,000,000,
to remain available until September 30, 2018.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $80,000,000, to remain available until September 30, 2019:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amount provided, not less than
$48,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies, and
resident organizations: Provided further, That no more than $5,000,000
of funds made available under this heading may be provided as grants to
undertake comprehensive local planning with input from residents and
the community: Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the heading
``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in
fiscal year 2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such amounts were
appropriated: Provided further, That implementation grants awarded
under this heading may only be awarded to grantees that have previously
been awarded planning grants.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000, to
remain available until September 30, 2018: Provided, That the
Secretary may, by Federal Register notice, waive or specify alternative
requirements under sections b(3), b(4), b(5), or c(1) of section 23 of
such Act in order to facilitate the operation of a unified self-
sufficiency program for individuals receiving assistance under
different provisions of the Act, as determined by the Secretary:
Provided further, That owners of a privately owned multifamily property
with a section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such property
in accordance with procedures established by the Secretary: Provided
further, That such procedures established pursuant to the previous
proviso shall permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to use funding
from residual receipt accounts to hire coordinators for their own
Family Self-Sufficiency program.
indian block grants
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and
Community Development Act of 1974 with respect to Indian tribes (42
U.S.C. 5306(a)(1)), and related technical assistance, $714,000,000, to
remain available until September 30, 2021: Provided, That the amounts
made available under this heading are provided as follows:
(1) $646,500,000 shall be available for the Indian Housing
Block Grant program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That notwithstanding
section 302(d) of NAHASDA, if on January 1, 2017, a recipient's
total amount of undisbursed block grant funds in the
Department's line of credit control system is greater than
three times the formula allocation it would otherwise receive
under the first proviso under this paragraph, the Secretary
shall adjust that recipient's formula allocation down by the
difference between its total amount of undisbursed block grant
funds in the Department's line of credit control system on
January 1, 2017, and three times the formula allocation it
would otherwise receive: Provided further, That
notwithstanding the previous two provisos, no Indian tribe
shall receive an allocation amount greater than 10 percent of
the total amount made available under this paragraph: Provided
further, That grant amounts not allocated to a recipient
pursuant to the previous two provisos shall be allocated under
the need component of the formula proportionately among all
other Indian tribes not subject to an adjustment under such
provisos: Provided further, That the second and third provisos
shall not apply to any Indian tribe that would otherwise
receive a formula allocation of less than $8,000,000: Provided
further, That to take effect, the four previous provisos do not
require issuance or amendment of any regulation, and shall not
be construed to confer hearing rights under any section of
NAHASDA or its implementing regulations: Provided further,
That the Department will notify grantees of their formula
allocation within 60 days of the date of enactment of this Act;
(2) $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided, That such costs, including the costs
of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available
to subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $17,857,142 to remain available until September 30,
2021;
(3) $60,000,000 shall be for grants to Indian tribes for
carrying out the Community Development Block Grant program as
authorized under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and
safety notwithstanding any other provision of law (including
section 204 of this title) and, notwithstanding title I of that
Act (42 U.S.C. 5301 et seq.), eligible Indian tribes may use
funds made available under this paragraph for the construction
of housing for law enforcement, health care, educational,
technical, and other skilled workers: Provided, That not to
exceed 20 percent of any grant made with funds appropriated
under this paragraph shall be expended for planning and
management development and administration; and
(4) $5,500,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical
assistance needs in Indian country related to funding provided
under this heading.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,500,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$1,341,463,415, to remain available until expended: Provided further,
That up to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program: Provided further, That an additional
$1,000,000 shall be available until expended for such costs of
guaranteed loans authorized under such section 184 issued to tribes and
Indian housing authorities for the construction of rental housing for
law enforcement, healthcare, educational, technical and other skilled
workers: Provided further, That the funds specified in the previous
proviso are available to subsidize total loan principal, any part of
which is to be guaranteed, up to $243,902,439 to remain available until
expended: Provided further, That the Secretary may specify any
additional program requirements with respect to the previous two
provisos through publication of a Mortgagee Letter or Notice.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $5,000,000, to
remain available until September 30, 2021.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $335,000,000, to remain available until September 30,
2018, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2019: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(3)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That notwithstanding section 854(c)(1) of such Act or any implementing
regulation, the Secretary shall allocate 90 percent of the funds by
formula, of which 75 percent shall be among cities that are the most
populous unit of general local government in a metropolitan statistical
area with a population greater than 500,000 and have more than 2,000
persons living with the human immunodeficiency virus (HIV) or AIDS, and
States with more than 2,000 persons living with HIV or AIDS outside of
metropolitan statistical areas, as reported to and confirmed by the
Director of the Centers for Disease Control and Prevention (CDC) as of
December 31 of the most recent calendar year for which such data is
available, and of which 25 percent shall be among such eligible States
and cities that are the most populous unit of general local government
in a metropolitan statistical area based on fair market rents and area
poverty indexes, as determined by the Secretary: Provided further,
That a grantee's share shall not reflect a loss greater than 5 percent
or a gain greater than 10 percent of the share of total available
formula funds that the grantee received in the preceding fiscal year:
Provided further, That any grantee that received a formula allocation
in fiscal year 2016 shall continue to be eligible for formula
allocation in this fiscal year: Provided further, That the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,000,000,000, to remain available until September 30,
2019, unless otherwise specified: Provided, That of the total amount
provided, $3,000,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for planning
and management development and administration: Provided further, That
a metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer all
or any portion of such funds to another such entity in exchange for any
other funds, credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity for
an economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subparagraph (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2017, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $950,000,000, to remain available until September 30, 2020:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2 through 6
under this heading for fiscal year 2012 and such requirements
applicable pursuant to the ``Full-Year Continuing Appropriations Act,
2013'', shall not apply to any project to which funds were committed on
or after August 23, 2013, but such projects shall instead be governed
by the Final Rule titled ``Home Investment Partnerships Program;
Improving Performance and Accountability; Updating Property Standards''
which became effective on such date: Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $50,000,000, to remain available
until September 30, 2019: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under
section 11 of the Housing Opportunity Program Extension Act of 1996, as
amended: Provided further, That of the total amount provided under
this heading, $35,000,000 shall be made available for the second,
third, and fourth capacity building activities authorized under section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the total
amount provided under this heading, $5,000,000 shall be made available
for capacity building by national rural housing organizations with
experience assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofits, local governments and Indian Tribes serving high need rural
communities: Provided further, That an additional $4,000,000, to
remain available until expended, shall be for a program to rehabilitate
and modify homes of disabled or low-income veterans as authorized under
section 1079 of Public Law 113-291.
homeless assistance grants
For the emergency solutions grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the continuum of care program as authorized under subtitle
C of title IV of such Act; and the rural housing stability assistance
program as authorized under subtitle D of title IV of such Act,
$2,330,000,000, to remain available until September 30, 2019:
Provided, That any rental assistance amounts that are recaptured under
such continuum of care program shall remain available until expended:
Provided further, That not less than $250,000,000 of the funds
appropriated under this heading shall be available for such emergency
solutions grants program: Provided further, That not less than
$2,013,000,000 of the funds appropriated under this heading shall be
available for such continuum of care and rural housing stability
assistance programs: Provided further, That up to $7,000,000 of the
funds appropriated under this heading shall be available for the
national homeless data analysis project: Provided further, That all
funds awarded for supportive services under the continuum of care
program and the rural housing stability assistance program shall be
matched by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and prior years,
a grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: Provided further, That none of the funds provided
under this heading shall be available to provide funding for new
projects, except for projects created through reallocation, unless the
Secretary determines that the continuum of care has demonstrated that
projects are evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided further,
That the Secretary shall prioritize funding under the continuum of care
program to continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher performing
projects: Provided further, That any unobligated amounts remaining
from funds appropriated under this heading in fiscal year 2012 and
prior years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes under this
heading, notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for Shelter Plus
Care renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if
recaptured, for continuum of care renewals in fiscal year 2017:
Provided further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may represent initial
or final amounts allocated) for the emergency solutions grant program
within 60 days of enactment of this Act: Provided further, That up to
$40,000,000 of the funds appropriated under this heading shall be to
implement projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 11 communities,
including at least five rural communities, can dramatically reduce
youth homelessness: Provided further, That such projects shall be
eligible for renewal under the continuum of care program subject to the
same terms and conditions as other renewal applicants: Provided
further, That youth aged 24 and under seeking assistance under this
heading shall not be required to provide third party documentation to
establish their eligibility under 42 U.S.C. 11302(a) or (b) to receive
services: Provided further, That unaccompanied youth aged 24 and under
or families headed by youth aged 24 and under who are living in unsafe
situations may be served by youth-serving providers funded under this
heading: Provided further, That none of the funds provided under this
heading shall be available for the continuum of care program unless the
Secretary ensures that zero-tolerance recovery housing programs are
eligible to receive funds under the continuum of care program.
Housing Programs
rental assistance demonstration
For continuing activities under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), $4,000,000, to remain
available until September 30, 2020: Provided, That such funds shall
only be available to properties converting from assistance under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)).
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$10,501,000,000, to remain available until expended, shall be available
on October 1, 2016 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2016),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2017: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $235,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary of Housing and Urban Development
may also use such amounts in the previous proviso for performance-based
contract administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing Act (12
U.S.C. 1715z-1(a)); rent supplement payments pursuant to section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-1(f)(2));
project rental assistance contracts for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'', may be used for renewals of or amendments to
section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That, notwithstanding any other
provision of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
previous proviso shall be available in addition to the amount otherwise
provided by this heading for uses authorized under this heading.
housing for the elderly
For amendments to capital advance contracts for housing for the
elderly, as authorized by section 202 of the Housing Act of 1959, as
amended, and for project rental assistance for the elderly under
section 202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for senior preservation rental assistance
contracts, including renewals, as authorized by section 811(e) of the
American Housing and Economic Opportunity Act of 2000, as amended, and
for supportive services associated with the housing, $505,000,000 to
remain available until September 30, 2020: Provided, That of the
amount provided under this heading, up to $75,000,000 shall be for
service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects: Provided
further, That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that upon termination of such contract are in
excess of an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to be
available until September 30, 2020: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available, in addition to the amounts otherwise provided by this
heading, for amendments and renewals: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for amendments and renewals notwithstanding the purposes for
which such funds originally were appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for
project rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for project
assistance contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the housing
for persons with disabilities as authorized by section 811(b)(1) of
such Act, $154,000,000, to remain available until September 30, 2020:
Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the Secretary
of Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a section 811
project rental assistance contract and that upon termination of such
contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account, to
be available until September 30, 2020: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading may be
used for the current purposes authorized under this heading
notwithstanding the purposes for which such funds originally were
appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $47,000,000, to remain available until September
30, 2018, including up to $4,500,000 for administrative contract
services: Provided, That grants made available from amounts provided
under this heading shall be awarded within 180 days of enactment of
this Act: Provided further, That funds shall be used for providing
counseling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial
management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their
financial needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing counselor
training: Provided further, That for purposes of providing such grants
from amounts provided under this heading, the Secretary may enter into
multiyear agreements as appropriate, subject to the availability of
annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $20,000,000, to remain available
until expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining
from funds appropriated under this heading after fiscal year 2005,
shall also be available for extensions of up to one year for expiring
contracts under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $10,500,000, to remain available until expended, of
which $10,500,000 is to be derived from the Manufactured Housing Fees
Trust Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2017 so as to result
in a final fiscal year 2017 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2017
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and
the Secretary, as provided herein, may use such collections, as well as
fees collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2018: Provided, That during
fiscal year 2017, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $5,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $130,000,000,
to remain available until September 30, 2018.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2018: Provided,
That during fiscal year 2017, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $5,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $500,000,000,000, to remain available until
September 30, 2018: Provided, That $23,000,000 shall be available for
necessary salaries and expenses of the Office of Government National
Mortgage Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or before April
1, 2017, an additional $100 for necessary salaries and expenses shall
be available until expended for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III of the
National Housing Act, as amended, shall be credited as offsetting
collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $90,000,000, to remain available
until September 30, 2018: Provided, That with respect to amounts made
available under this heading, notwithstanding section 204 of this
title, the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, or State or local
governments and their agencies for research projects: Provided
further, That with respect to the previous proviso, such partners to
the cooperative agreements must contribute at least a 50 percent match
toward the cost of the project: Provided further, That for non-
competitive agreements entered into in accordance with the previous two
provisos, the Secretary of Housing and Urban Development shall comply
with section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu
of compliance with section 102(a)(4)(C) with respect to documentation
of award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan, for
approval, to the House and Senate Committees on Appropriations on how
it will allocate funding for this activity: Provided further, That
none of the funds provided under this heading may be available for the
doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$65,300,000, to remain available until September 30, 2018: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to provide such training: Provided further,
That no funds made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $300,000 shall be
available to the Secretary of Housing and Urban Development for the
creation and promotion of translated materials and other programs that
support the assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$135,000,000, to remain available until September 30, 2018, of which
$20,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts for such
purposes under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further,
That of the total amount made available under this heading, $55,000,000
shall be made available on a competitive basis for areas with the
highest lead-based paint abatement needs: Provided further, That each
recipient of funds provided under the previous proviso shall contribute
an amount not less than 25 percent of the total: Provided further,
That each applicant shall certify adequate capacity that is acceptable
to the Secretary to carry out the proposed use of funds pursuant to a
notice of funding availability: Provided further, That amounts made
available under this heading in this or prior appropriations Acts, and
that still remain available, may be used for any purpose under this
heading notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and there are
other program competitions under this heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and infrastructure for
Department-wide and program-specific information technology systems,
for the continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-related
maintenance activities, $273,000,000, of which $250,000,000 shall
remain available until September 30, 2018, and of which $23,000,000
shall remain available until September 30, 2019: Provided, That any
amounts transferred to this Fund under this Act shall remain available
until expended: Provided further, That any amounts transferred to this
Fund from amounts appropriated by previously enacted appropriations
Acts may be used for the purposes specified under this Fund, in
addition to any other information technology purposes for which such
amounts were appropriated: Provided further, That not more than 10
percent of the funds made available under this heading for development,
modernization and enhancement may be obligated until the Secretary
submits to the House and Senate Committees on Appropriations, for
approval, a plan for expenditure that--(A) identifies for each
modernization project: (i) the functional and performance capabilities
to be delivered and the mission benefits to be realized, (ii) the
estimated life-cycle cost, and (iii) key milestones to be met; and (B)
demonstrates that each modernization project is: (i) compliant with the
department's enterprise architecture, (ii) being managed in accordance
with applicable life-cycle management policies and guidance, (iii)
subject to the department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$129,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2017 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2017 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the city of New York,
New York, on behalf of the New York-Wayne-White Plains, New York-New
Jersey Metropolitan Division (hereafter ``metropolitan division'') of
the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area,
shall be adjusted by the Secretary of Housing and Urban Development by:
(1) allocating to the city of Jersey City, New Jersey, the proportion
of the metropolitan area's or division's amount that is based on the
number of persons living with HIV or AIDS, poverty and fair market
rents, in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey; and (2) allocating to the city of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of persons living with
HIV or AIDS, poverty and fair market rents, in the portion of the
metropolitan area or division that is located in Bergen County and
Passaic County, New Jersey. The recipient cities shall use amounts
allocated under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in
their respective portions of the metropolitan division that is located
in New Jersey.
(b) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2017 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the city of Wilmington,
Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey
Metropolitan Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of persons
living with HIV or AIDS, poverty and fair market rents, in the portion
of the metropolitan division that is located in New Jersey. The State
of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(c) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2017 under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to the city of Raleigh, North Carolina, on behalf of
the Raleigh-Cary North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(d) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise
would be allocated for fiscal year 2017 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State
shall be based on the proportion of the metropolitan statistical area's
amount that is based on the number of persons living with HIV or AIDS,
poverty and fair market rents, in the portion of the metropolitan
statistical area that is located in that State. Any amounts allocated
to a State under this section shall be used to carry out eligible
activities within the portion of the metropolitan statistical area
located in that State.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2017 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 208. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 209. The President's formal budget request for fiscal year
2018, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees
on Appropriations of the House of Representatives and the Senate, shall
use the identical account and sub-account structure provided under this
Act.
Sec. 210. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority of the
county of Los Angeles, California, and the States of Alaska, Iowa, and
Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 for the
Housing Authority of the county of Los Angeles, California and the
States of Alaska, Iowa and Mississippi that chooses not to include a
resident of public housing or a recipient of section 8 assistance on
the board of directors or a similar governing board shall establish an
advisory board of not less than six residents of public housing or
recipients of section 8 assistance to provide advice and comment to the
public housing agency or other administering entity on issues related
to public housing and section 8. Such advisory board shall meet not
less than quarterly.
Sec. 211. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 212. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2017 and
2018, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959, as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act;
or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act;
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959; and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 213. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 214. The funds made available for Native Alaskans under the
heading ``Indian Block Grants'' in title II of this Act shall be
allocated to the same Native Alaskan housing block grant recipients
that received funds in fiscal year 2005.
Sec. 215. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2017, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 216. Notwithstanding any other provision of law, in fiscal
year 2017, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section,
the contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 217. The commitment authority funded by fees as provided
under the heading ``Community Development Loan Guarantees Program
Account'' may be used to guarantee, or make commitments to guarantee,
notes, or other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of section 108 of the Housing and Community Development
Act of 1974: Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas that
received the commitment.
Sec. 218. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 219. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 220. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD sub-office under the accounts ``Executive
Offices'' and ``Administrative Support Offices,'' as well as each
account receiving appropriations for ``Program Office Salaries and
Expenses'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 221. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2017 and hereafter, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding availability (NOFA) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2017 and hereafter, the Secretary may make the NOFA
available only on the Internet at the appropriate Government web site
or through other electronic media, as determined by the Secretary.
Sec. 222. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request. No funds provided in this title may be
used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 223. The Secretary is authorized to transfer up to 10 percent
or $4,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any account
under the general heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $4,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $4,000,000, whichever is less.
Sec. 224. For fiscal year 2017 and hereafter the Disaster Housing
Assistance Programs, administered by the Department of Housing and
Urban Development, shall be considered a ``program of the Department of
Housing and Urban Development'' under section 904 of the McKinney Act
for the purpose of income verifications and matching.
Sec. 225. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or regulations
relating to the physical condition of any property covered under a
housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 30 or less;
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected; or
(3) receives a UPCS score between 31 and 59 and has
received consecutive scores of less than 60 on UPCS
inspections.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), but
do not apply to such units assisted under section 8(o)(13) (42
U.S.C. 1437f(o)(13)) or to public housing units assisted with
capital or operating funds under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) The Secretary shall notify the owner and provide an
opportunity for response within 15 days after the results of the UPCS
inspection are issued. If the violations remain, the Secretary shall
develop a plan to bring the property into compliance within 30 days
after the results of the UPCS inspection are issued and must provide
the owner with a Notice of Default with a specified timetable,
determined by the Secretary, for correcting all deficiencies. The
Secretary must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any contract
administrator. If the owner's appeal results in a UPCS score of 60 or
above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to and informed
consent of the affected tenants and use of other remedies set forth
above. To the extent the Secretary determines, in consultation with the
tenants and the local government, that the property is not feasible for
continued rental assistance payments under such section 8 or other
programs, based on consideration of (1) the costs of rehabilitating and
operating the property and all available Federal, State, and local
resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA'') and (2) environmental conditions that cannot be remedied
in a cost-effective fashion, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
Sec. 226. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2017.
Sec. 227. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2017.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2017.''.
Sec. 228. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 229. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 230. None of the funds made available by this Act nor any
receipts or amounts collected under any Federal Housing Administration
program may be used to implement the Homeowners Armed with Knowledge
(HAWK) program.
Sec. 231. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 232. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 233. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 234. None of the funds under this title may be used for
awards, including performance, special act, or spot, for any employee
of the Department of Housing and Urban Development who is subject to
administrative discipline in fiscal year 2017, including suspension
from work.
Sec. 235. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2017: Provided, That such
participation shall be limited to no more than 10 continuums of care
and housing activities to improve outcomes for disconnected youth.
Sec. 236. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015, 2016, and 2017
for the continuum of care (CoC) program as authorized under subtitle C
of title IV of the McKinney-Vento Homeless Assistance Act, costs paid
by program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipients CoC program.
Sec. 237. 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, 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 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.
Sec. 238. (a) Section 302 of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4822) is amended in subsection (e)--
(1) in paragraph (1)--
(i) by striking ``handicapped'' and inserting
``persons with disabilities, or any 0-bedroom
dwelling'';
(ii) by inserting ``or'' after ``expected to
reside;''; and
(iii) by striking ``less than 7 years of age'' and
inserting ``under age 6'';
(2) in paragraph (2) by striking ``; or'' and inserting
``.''; and
(3) by striking paragraph (3).
(b) Section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b) is amended in paragraph (27)--
(1) by inserting ``or any 0-bedroom dwelling'' after
``disabilities,''; and
(2) by deleting ``housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling'' and inserting
``housing)''.
(c) Section 401 of the Toxic Substances Control Act (15 U.S.C.
2681) is amended in paragraph (17)--
(1) by inserting ``or any 0-bedroom dwelling'' after
``disabilities,''; and
(2) by deleting ``housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling'' and inserting
``housing)''.
Sec. 239. (a) Capital Fund Replacement Reserves.--Section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) is amended--
(1) in subsection (j), by adding at the end the following
new paragraph:
``(7) Treatment of replacement reserve.--The requirements
of this subsection shall not apply to funds held in replacement
reserves established pursuant to subsection (n).''; and
(2) by adding at the end the following new subsection:
``(n) Establishment of Replacement Reserves.--
``(1) In general.--Public housing agencies shall be
permitted to establish a replacement reserve to fund any of the
capital activities listed in subsection (d)(1).
``(2) Source and amount of funds for replacement reserve.--
At any time, a public housing agency may deposit funds from
such agency's Capital Fund into a replacement reserve, subject
to the following:
``(A) At the discretion of the Secretary, public
housing agencies may transfer and hold in a replacement
reserve funds originating from additional sources.
``(B) No minimum transfer of funds to a replacement
reserve shall be required.
``(C) At any time, a public housing agency may not
hold in a replacement reserve more than the amount the
public housing authority has determined necessary to
satisfy the anticipated capital needs of properties in
its portfolio assisted under this section, as outlined
in its Capital Fund 5-Year Action Plan, or a comparable
plan, as determined by the Secretary.
``(D) The Secretary may establish, by regulation, a
maximum replacement reserve level or levels that are
below amounts determined under subparagraph (C), which
may be based upon the size of the portfolio assisted
under this section or other factors.
``(3) Transfer of operating funds.--In first establishing a
replacement reserve, the Secretary may allow public housing
agencies to transfer more than 20 percent of its operating
funds into its replacement reserve.
``(4) Expenditure.--Funds in a replacement reserve may be
used for purposes authorized by subsection (d)(1) and contained
in its Capital Fund 5-Year Action Plan.
``(5) Management and report.--The Secretary shall establish
appropriate accounting and reporting requirements to ensure
that public housing agencies are spending funds on eligible
projects and that funds in the replacement reserve are
connected to capital needs.''.
(b) Flexibility of Operating Fund Amounts.--Paragraph (1) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1)) is amended--
(1) by striking ``(1)'' and all that follows through ``--
Of'' and inserting the following:
``(1) Flexibility in use of funds.--
``(A) Flexibility for capital fund amounts.--Of'';
and
(2) by adding at the end the following new subparagraph:
``(B) Flexibility for operating fund amounts.--Of
any amounts appropriated for fiscal year 2017 or any
fiscal year thereafter that are allocated for fiscal
year 2017 or any fiscal year thereafter from the
Operating Fund for any public housing agency, the
agency may use not more than 20 percent for activities
that are eligible under subsection (d) for assistance
with amounts from the Capital Fund, but only if the
public housing plan under section 5A for the agency
provides for such use.''.
Sec. 240. Section 8(x)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(x)) is amended by striking ``(B)'' and all that
follows up to the period and inserting the following:
``(B)(i) for a period not to exceed 36 months,
otherwise eligible youths who have attained at least 18
years of age and not more than 24 years of age and who,
at age 16 or older, have left or will leave foster care
within 90 days, in accordance with a transition plan
described in section 475(5)(H) of the Social Security
Act, and is homeless or is at risk of becoming
homeless, or (ii) except that an applicant may extend
the 36-month period, if the applicant enrolls an
eligible youth in a program authorized under section
23, in accordance with the length of the contract of
participation for that eligible youth under section
23(c)(3)''.
Sec. 241. (a) Establishment.--The Secretary of Housing and Urban
Development may establish, through notice in the Federal Register, a
demonstration program to incentivize public housing agencies, as
defined in section 3(b)(6) of the United States Housing Act of 1937 (in
this section referred to as ``the Act''), to implement measures to
reduce their energy and water consumption.
(b) Eligibility.--Public housing agencies that operate public
housing programs that meet the demonstration requirements, as
determined by the Secretary, shall be eligible for participation in the
demonstration.
(c) Incentive.--The Secretary may provide an incentive to an
eligible public housing agency that uses capital funds, operating
funds, grants, utility rebates, and other resources to reduce its
energy and/or water consumption in accordance with a plan approved by
the Secretary.
(1) Base utility consumption level.--The initial base
utility consumption level under the approved plan shall be set
at the public housing agency's rolling base consumption level
immediately prior to the installation of energy conservation
measures.
(2) First year utility cost savings.--For the first year
that an approved plan is in effect, the Secretary shall
allocate the utility consumption level in the public housing
operating fund using the base utility consumption level.
(3) Subsequent year savings.--For each subsequent year that
the plan is in effect, the Secretary shall decrease the utility
consumption level by one percent of the initial base utility
consumption level per year until the utility consumption level
equals the public housing agency's actual consumption level
that followed the installation of energy conservation measures,
at which time the plan will terminate.
(4) Use of utility cost savings.--The public housing agency
may use the funds resulting from the energy conservation
measures, in accordance with paragraphs (2) and (3), for either
operating expenses, as defined by section 9(e)(1) of the Act,
or capital improvements, as defined by section 9(d)(1) of the
Act.
(5) Duration of plan.--The length in years of the utility
conservation plan shall not exceed the number of percentage
points in utility consumption reduction a public housing agency
achieves through the energy conservation measures implemented
under this demonstration, but in no case shall it exceed 20
years.
(6) Other requirements.--The Secretary may establish such
other requirements as necessary to further the purposes of this
demonstration.
(7) Evaluation.--Each public housing agency participating
in the demonstration shall submit to the Secretary such
performance and evaluation reports concerning the reduction in
energy consumption and compliance with the requirements of this
section as the Secretary may require.
(d) Termination.--Public housing agencies may enter into this
demonstration for 5 years after the date on which the demonstration
program is commenced.
Sec. 242. Section 211 of the Department of Housing and Urban
Development Appropriations Act, 2008, is repealed.
Sec. 243. (a) Authority.--To encourage families to move to lower-
poverty areas and expand access to opportunity areas, the Secretary of
Housing and Urban Development (hereafter referred to as ``Secretary'')
may implement a mobility demonstration to administer Housing Choice
Voucher assistance under section 8(o) of the United States Housing Act
of 1937 (hereafter referred to as ``1937 Act'') (42 U.S.C. 1437f(o))
for fiscal year 2017 through fiscal year 2021.
(b) Demonstration Requirements.--
(1) In general.--The Secretary must establish the
competitive selection criteria and requirements for
participation in the demonstration. The Secretary may require
participating PHAs to use a randomized selection process among
the families eligible to receive mobility assistance under this
demonstration.
(2) Regional housing mobility plan.--Applicant PHAs must
submit a Regional Housing Mobility Plan (hereafter referred to
as ``the Plan'').
(A) The Plan must meet all requirements established
by the Secretary and must identify--
(i) the PHAs that will participate in the
regional housing mobility program and the
number of vouchers each participating PHA will
make available out of its existing programs in
support of the mobility demonstration;
(ii) any community-based organizations,
nonprofit organizations, businesses, and other
entities that commit to participate;
(iii) any waivers or alternative
requirements requested for the execution of the
Plan; and
(iv) specific actions that the PHAs and
other entities will undertake to accomplish the
goals of the demonstration, which must include
a comprehensive approach to enable a successful
transition to opportunity areas and may include
counseling and continued support for families.
(B) The Plan may also establish preferences for
participating families, including a preference for
families with children, based on regional housing needs
and priorities.
(C) The Plan may provide for the use of exception
payment standards that do not exceed 110 percent of the
HUD-published small area Fair Market Rent for the
covered exception payment standard area.
(D) Units contributed by a PHA participating in a
regional housing mobility program to a pool of vouchers
that will be project-based within the jurisdiction of
that program are exempt from the percentage limitation
in section 8(o)(13)(B) of the 1937 Act.
(c) Funding for Mobility-Related Services.--In order to provide
mobility-related services, PHAs participating in this demonstration may
use administrative fees under section 8(q) of the 1937 Act (42 U.S.C.
1437f(q)), their administrative fee reserves, and funding from private
entities. Mobility-related services may include but are not limited to
such things as counseling, portability coordination, landlord outreach,
and administrative activities associated with establishing and
operating a regional housing mobility program.
(d) Waivers or Alternative Requirements.--
(1) In order to allow for PHAs to implement and administer
their Plans, the Secretary may waive or specify alternative
requirements for the following provisions of the 1937 Act:
(A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) (related
to the term of a family's assisted lease and associated
mobility requirements).
(B) Section 8(o)(13)(C)(i) (related to the ability
of a PHA participating in a regional housing mobility
program to administer assistance contributed to the
program consistent with the Plan identified in
paragraph (2)).
(C) Section 8(o)(13)(F) (related to the term of a
housing assistance payments (HAP) contract).
(D) Section 8(r)(2) (related to the ability of a
PHA participating in a regional housing mobility
program to administer assistance under section 8(o)
anywhere within the jurisdiction of that program).
(E) Section 8(x)(2) (related to the length of time
a PHA may provide assistance under section 8(o) to
youth participating in the Family Unification Program
(FUP)).
(2) The Secretary must publish by notice in the Federal
Register any waivers or alternative requirements for statutory
provisions no later than 10 days before the effective date of
such notice.
(e) Implementation by Notice.--The Secretary may implement the
demonstration, including its terms, procedures, requirements, and
conditions, by notice.
(f) Evaluation.--No later than five years following implementation
of the regional housing mobility programs, the Secretary must publish
an evaluation of the effectiveness of the demonstration, subject to the
availability of funding to conduct the evaluation.
Sec. 244. The language under the heading Rental Assistance
Demonstration in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), is amended--
(1) in the undesignated paragraph before the first proviso,
by inserting the following before the colon: ``(`First
Component' herein)'';
(2) in the second proviso, by striking ``until September
30, 2018'' and inserting ``for fiscal year 2012 and
thereafter'';
(3) in the fourth proviso, by striking ``185,000'' and
inserting ``250,000'';
(4) in the fourteenth, by--
(A) inserting ``or nonprofit'' before ``entity,
then a capable entity,''; and
(B) striking ``preserves its interest'' and
inserting ``or a nonprofit entity preserves an
interest'';
(5) by amending the eighteenth proviso to read as follows--
`` Provided further, That for fiscal year 2012 and
hereafter, owners of properties assisted or previously
assisted under section 101 of the Housing and Urban
Development Act of 1965, section 236(f)(2) of the
National Housing Act, or section 8(e)(2) of the United
States Housing Act of 1937, for which a contract
expires or terminates due to prepayment on or after
October 1, 2006 has caused or results in the
termination of rental assistance or affordability
restrictions or both and the issuance of tenant
protection vouchers under section 8(o) or section 8(t)
of the Act, or with a project rental assistance
contract under section 202(c)(2) of Housing Act of
1959, shall be eligible, subject to requirements
established by the Secretary, including but not limited
to tenant consultation procedures, for conversion of
assistance available or provided for such vouchers or
assistance contracts, to assistance under a long-term
project-based subsidy contract under section 8 of the
Act, which shall have a term of no less than 20 years,
which shall have initial rents set at comparable market
rents for the market area, with subsequent rent
adjustments only by an operating cost factor
established by the Secretary, and which shall be
eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437f note), or, subject to
agreement of the administering public housing agency,
to assistance under section 8(o)(13) of the Act, to
which the limitation under subparagraph (B) of section
8(o)(13) of the Act shall not apply and for which the
Secretary may waive or alter the provisions of
subparagraphs (C) and (D) of section 8(o)(13) of the
Act (``Second Component'' herein):'';
(6) by inserting the following proviso before the
nineteenth: ``Provided further, That conversions of assistance
under the Second Component may not be the basis for re-
screening or termination of assistance or eviction of any
tenant family in a property participating in the
demonstration:'';
(7) in the twentieth, as amended (reordered) above, by
striking ``previous proviso'' and all that follows through the
end of the proviso and inserting ``Second Component, except for
conversion of Section 202 project rental assistance contracts,
shall be available for project-based subsidy contracts entered
into pursuant to the Second Component:'';
(8) in the twenty-first proviso, as amended (reordered)
above, by striking ``previous two provisos'' and inserting
``Second Component, except for conversion of section 202
project rental assistance contracts,'';
(9) in the twenty-second proviso, as amended (reordered)
above, by striking ``three previous provisos'' and inserting
``Second Component, except for conversion of section 202
project rental assistance contracts,'';
(10) by inserting the following proviso before the twenty-
third proviso, as amended (reordered) above: ``Provided
further, That the Secretary may transfer amounts made available
under the heading `Housing for the Elderly' to the accounts
under the headings `Project-Based Rental Assistance' or
`Tenant-Based Rental Assistance' to facilitate any Section 202
project rental assistance contract conversions under the Second
Component, and any increase in cost for `Project-Based Rental
Assistance' or `Tenant-Based Rental Assistance' associated with
such conversion shall be equal to amounts so transferred:'';
and
(11) in the twenty-fourth proviso, as amended (reordered)
above, by striking ``previous four provisos'' and inserting
``Second Component, as applicable,''.
Sec. 245. The Secretary shall establish by notice such
requirements as may be necessary to implement section 78001 of title
LXXVIII of the Fixing America's Surface Transportation Act (Public Law
114-94), and the notice shall take effect upon issuance: Provided,
That the Secretary shall commence rulemaking based on the initial
notice no later than the expiration of the 6-month period following
issuance of the notice and the rulemaking shall allow for the
opportunity for public comment.
Sec. 246. For fiscal year 2017 and hereafter, the Secretary of
Housing and Urban Development may use amounts made available for the
continuum of care program under the ``Homeless Assistance Grants''
heading under this title to renew the grant originally awarded under
the heading ``Department of Housing and Urban Development--Permanent
Supportive Housing'' in chapter 6 of title III of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2351) in the
continuum of care program, authorized under subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.).
Notwithstanding any provision of law, for purposes of grant application
and renewal, the State of Louisiana may continue to permit a program
participant to receive or retain tenant-based rental assistance outside
the continuum of care's geographic area, and the funding of such
assistance shall not be considered operation of a continuum of care in
more than one geographic area.
Sec. 247. Section 428 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11386b) is amended by adding at the end of the section,
subsection (f) to read as follows:
``(f) Transition for Reallocated Grant.--
``(1) From amounts under this subtitle made available to
carry out subtitle B and this subtitle, the Secretary may award
one-year transition grants to recipients to transition from one
Continuum of Care program component to another.
``(2) In order to be eligible to receive a transition
grant, the project must have the consent of the Continuum of
Care, and meet standards determined by the Secretary.''.
Sec. 248. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its HOME
Investment Trust Fund that otherwise expired or would expire in 2016,
2017, 2018, or 2019 under that section.
Sec. 249. None of the funds made available under this Act shall be
used to provide housing assistance benefits for an individual who is
convicted of--
(1) aggravated sexual abuse under section 2241 of title 18,
United States Code;
(2) murder under section 1111 of title 18, United States
Code; or
(3) any other Federal or State offense involving--
(A) severe forms of trafficking in persons or sex
trafficking, as those terms are defined in paragraphs
(9) and (10), respectively, of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102); or
(B) child pornography, as defined in section 2256
of title 18, United States Code.
Sec. 250. (a) Not later than 90 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall prepare
a report, and post the report on the public website of the Department
of Housing and Urban Development (in this section referred to as the
``Department''), regarding Real Estate Assessment Center (in this
section referred to as ``REAC'') inspections of all properties
assisted, insured, or both, under a program of the Department, which
shall include--
(1) the percentage of all inspected properties that
received a REAC-inspected score of less than 65 within the last
48 months;
(2) the number of properties in which the most recent REAC-
inspected score represented a decline relative to the previous
REAC score;
(3) a list of the 10 metropolitan statistical areas with
the lowest average REAC-inspected scores for all inspected
properties; and
(4) a list of the 10 States with the lowest average REAC-
inspected scores for all inspected properties.
(b) The Comptroller General of the United States shall prepare a
report, and post the report on the public website of the Government
Accountability Office, regarding areas in which REAC inspections of all
properties assisted, insured, or both, under a program of the
Department should be reformed and improved.
Sec. 251. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2017''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,190,000:
Provided, That, notwithstanding any other provision of law, there may
be credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission, as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, $27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2018, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2018 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$106,000,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $135,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,600,000: Provided, That title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11319) is amended by striking ``October 1,
2017'' in section 209 and inserting ``October 1, 2018'' and in section
204(a) by striking ``level V'' and inserting ``level IV''.
Sec. 301. Not later than 24 months after the date of enactment of
this Act, the United States Interagency Council on Homelessness shall
submit to Congress a report that assesses how Federal housing programs
and Federal health programs could better collaborate to reduce costs
and improve health and housing outcomes, in particular for--
(1) chronically homeless individuals;
(2) homeless individuals with behavioral health conditions;
and
(3) homeless children, including infants, in families
that--
(A) receive housing assistance under programs
administered by the Federal Government; or
(B) could benefit from grant programs administered
by the Federal Government.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,000,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced by a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2017, to
result in a final appropriation from the general fund estimated at no
more than $35,750,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in the Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice 915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2017, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement accompanying
this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the Senate and of the House of Representatives to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in the budget appendix for the
respective appropriation; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2017 from appropriations made available for salaries
and expenses for fiscal year 2017 in this Act, shall remain available
through September 30, 2018, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. 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 Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency under this Act 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. 417. (a) 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) 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) 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.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2017''.
DIVISION B--MILITARY CONSTRUCTION, THE DEPARTMENT OF VETERANS AFFAIRS,
AND RELATED AGENCIES
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2017, and for other purposes, namely:
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, $532,359,000, to remain available
until September 30, 2021.
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, $1,087,572,000, to remain available until September 30,
2021.
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, $1,579,798,000, to remain available until September 30, 2021.
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,
$2,038,980,000, 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.
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.
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.
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.
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.
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.
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), $205,237,000, to remain
available until expended.
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 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.
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.
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, $200,735,000, to remain available
until September 30, 2021.
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 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.
Administrative Provisions
Sec. 101. 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. 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.
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. 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. 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. 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. 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. 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. 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.
Sec. 116. 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. 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. 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, 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 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: 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. 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. 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 February 2009, as in
effect on the date of enactment of this Act.
Sec. 123. 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.
Sec. 124. 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. 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'',
$143,000,000;
``Military Construction, Air Force'', $195,465,000;
``Military Construction, Defense-Wide'', $64,364,000;
``Military Construction, Army National Guard'',
$16,500,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $30,000,000;
``Family Housing Construction, Army'', $14,400,000:
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: Provided further, That such funds are subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days after
enactment of this Act, the Secretary of the military department
concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
(rescissions of funds)
Sec. 126. 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'', $30,000,000;
``Military Construction, Air Force'', $22,340,000;
``Military Construction, Defense-Wide'', $132,283,000; and
``North Atlantic Treaty Organization Security Investment
Program'', $15,000,000:
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.
Sec. 127. 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.
Sec. 128. None of the funds made available by this Act may be used
to carry out the closure or transfer of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 129. (a) Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report
evaluating the extent to which the Department of Defense has developed
a comprehensive force structure plan, including military construction
requirements, to meet emerging security threats in Europe.
(b) The report required under subsection (a) shall include an
assessment of the extent to which the Department of Defense has--
(1) identified the near-term and long-term United States
military force requirements in Europe in support of the
European Reassurance Initiative;
(2) evaluated the posture, force structure, and military
construction options for meeting projected force requirements;
(3) evaluated the long-term costs associated with the
posture, force structure, and military construction
requirements; and
(4) developed a Future Years Defense Program for force
structure costs associated with the European Reassurance
Initiative.
(c) The report shall also include any other matters related to
security threats in Europe that the Comptroller General determines are
appropriate, and recommendations as warranted for improvements to the
Department's planning and analysis methodology.
Sec. 130. (a) Of the amounts appropriated by section 132 of the
Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2016 (division J of Public Law 114-13; 129 Stat.
2683), $30,000,000 is hereby rescinded.
(b) Notwithstanding section 123 of this title, for an additional
amount for fiscal year 2016 for ``Military Construction, Army'' in this
title, $30,000,000, to remain available until September 30, 2021, is
provided for advances to the Federal Highway Administration, Department
of Transportation, for construction of access roads as authorized by
section 210 of title 23, United States Code.
(c) This section shall become effective immediately upon enactment
of this Act.
Sec. 131. Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to Congress a
report that includes--
(1) a detailed description of the age and condition of the
aircraft maintenance hangars of the Army's Combat Aviation
Brigade;
(2) an identification of the most deficient such hangers;
(3) a plan to modernize or replace such hangars; and
(4) a description of the resources required to modernize or
replace such hangers.
Sec. 132. Not later than 1 year after the date of the enactment of
this Act, the Secretary of Defense shall conduct a study and submit to
Congress a report on the use of defense access road funding to build
alternate routes for military equipment traveling to missile launch
facilities, taking into consideration the location of local
populations, security risks, safety, and impacts of weather.
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
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''.
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:
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 became 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: 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: 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: Provided further,
That, 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: 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: 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; $495,100,000, which shall be
in addition to funds previously appropriated under this heading that
became available on October 1, 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, $417,959,000, 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: Provided, That up to $2,500,000 may be
available to facilitate the furnishing of legal and other assistance,
without charge, to veterans and other individuals who are unable to
afford the cost of legal representation in connection with a decision
by the Board of Veterans Appeals under chapter 71 of title 38, United
States Code, in accordance with the process and reporting procedures
set forth in Public Law 102-229 under the heading ``Salaries and
Expenses'' under the heading ``Court of Veterans Appeals'': Provided
further, That the Board of Veterans Appeals submits to the Committees
on Appropriations of both Houses of Congress a certification that there
is a substantial unmet need for pro bono representation before the
Board of Veterans Appeals prior to expending funds for this purpose.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information 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:
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: 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: Provided further, That, notwithstanding any other
provision of law, $300,000 shall be available to carry out a matching
program with the Department of Education to identify veterans who are
unemployable due to a service-connected disability and who are also
borrowers of Federal student loans in order to streamline and expedite
the process through which such veterans may discharge their Federal
student loans. 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) 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;
(2) 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;
(3) 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 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;
(4) 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;
and
(5) 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:
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 report 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 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
$448,110,000 shall remain available until September 30, 2021, and of
which $80,000,000 shall remain available until expended: 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: 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:
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) 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) 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.
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: 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.
(including transfer of funds)
Sec. 202. 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: Provided, That any transfers between the ``Medical
Services'' 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 between the ``Medical Services'' 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''.
(including transfer of funds)
Sec. 208. 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: 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 $3,532,000 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. 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) 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.
Sec. 212. 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 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. 213. 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. 214. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment (including rehabilitative equipment for veterans
entitled to a prosthetic appliance under chapter 17 of title
38, United States Code, which may include recreational sports
equipment that provides an adaption or accommodation for the
veteran, regardless of whether such equipment is intentionally
designed to be adaptive equipment, such as hand cycles,
recumbent bicycles, medically adapted upright bicycles, and
upright bicycles); 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. 215. 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. 216. 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. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. 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. 217. 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. 218. 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. 219. 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 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 explanatory statement described
in section 4 in the matter preceding division A of the Consolidated
Appropriations Act, 2016 Public Law 114-113 in title II of Division J
of the consolidated Act in the paragraph entitled ``Quarterly Report'',
under the heading ``General Administration''.
(including transfer of funds)
Sec. 220. 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, 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. 221. 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. 222. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Services'',
``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): 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 is
repealed.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017, for
``Medical Services'', ``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, 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. 224. 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. 225. Of the amounts available in this title for ``Medical
Services'', ``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. 226. 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. 227. 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.
Sec. 228. 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. 229. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report that contains the following information from each Veterans
Benefits Administration Regional Office: (1) the average time to
complete a disability compensation claim; (2) the number of claims
pending more than 125 days, disaggregated by initial and supplemental
claims; (3) error rates; (4) the number of claims personnel; (5) any
corrective action taken within the quarter to address poor performance;
(6) training programs undertaken; (7) the number and results of Quality
Review Team audits; (8) the number of claims completed by each Regional
Office based on the Regional Office being the station of jurisdiction;
and (9) the number of claims completed by each Regional Office based on
the Regional Office being the station of origin: Provided, That each
quarterly report shall be submitted no later than 30 days after the end
of the respective quarter.
Sec. 230. 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: 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. 231. 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.
(including transfer of funds)
Sec. 232. 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:
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.
(rescission of funds)
Sec. 233. Of the unobligated balances available within the ``DOD-
VA Health Care Sharing Incentive Fund'', $52,000,000 are hereby
rescinded.
Sec. 234. 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.
Sec. 235. 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. 236. 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, 2018.''.
Sec. 237. (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. 238. 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. 239. The Department of Veterans Affairs is authorized to
administer financial assistance grants and enter into cooperative
agreements with organizations, utilizing a competitive selection
process, to train and employ homeless and at-risk veterans in natural
resource conservation management.
Sec. 240. The Department of Veterans Affairs shall seek to enter
into an agreement with the National Academy of Medicine for an
assessment on research relating to the descendants of individuals with
toxic exposure and to evaluate the feasibility of a research entity or
entities to conduct research relating to health conditions of
descendants of veterans with toxic exposure while serving in the Armed
Forces.
Sec. 241. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2017 and fiscal year 2018 for ``Medical
Services'', $3,000,000 in each year for carrying out and expanding to
each medical center of the Department the child care program authorized
by section 205 of Public Law 111-163, notwithstanding subsection (e) of
such section.
Sec. 242. Section 5701(l) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
Sec. 243. (a) The Secretary of Veterans Affairs shall, as part of
the hiring process for each health care provider considered for a
position at the Department of Veterans Affairs after the date of the
enactment of this Act, require from the medical board of each State in
which the health care provider holds or has held a medical license--
(1) information on any violation of the requirements of the
medical license of the health care provider; and
(2) information on whether the health care provider has
entered into any settlement agreement for a disciplinary charge
relating to the practice of medicine by the health care
provider.
(b) The Secretary shall prescribe regulations to carry out this
section.
Sec. 244. (a) Notwithstanding section 552a of title 5, United
States Code, the Secretary of Veterans Affairs shall, with respect to
each health care provider of the Department of Veterans Affairs that
has violated a requirement of their medical license, provide to the
medical board of each State in which the health care provider is
licensed or practices all relevant information contained in the State
Licensing Board Reporting File or any successor file of the Department
with respect to such violation.
(b) The Secretary shall provide the information required in
subsection (a) to a medical board described in such subsection
notwithstanding that such board may not have formally requested such
information from the Department.
(including transfer of funds)
Sec. 245. Upon determination by the Secretary of Veterans Affairs
that such action is necessary for providing health care, benefits and
other services, the Secretary may transfer amounts made available to
the Department of Veterans Affairs for fiscal year 2017 by this Act
between any discretionary appropriations accounts for fiscal year 2017:
Provided, That amounts so transferred shall be merged with the account
to which transferred: Provided further, That the total amount that the
Secretary may transfer under this section may not exceed two percent of
the total discretionary appropriations made available to the Department
for fiscal year 2017 by this Act: Provided further, That a transfer of
funds between the ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical Facilities'' accounts
shall not be counted toward the two percent limitation in the previous
proviso: Provided further, That the transfer authority provided by
this section may be exercised only to support activities in an
appropriations account that have a higher priority than those
undertaken in the appropriations account from which budget authority is
transferred, as determined by the Secretary: Provided further, That
such transfer authority may not be used to provide budget authority for
an activity that the Secretary lacks the authority to carry out:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by law:
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.
VA Patient Protection Act of 2016
Sec. 246. (a) Procedure and Administration.--
(1) 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. 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. 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.
``(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) 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) 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) 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) 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) 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) inform the employee of the ability to volunteer for a
transfer in accordance with section 3352 of title 5; and
``(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) 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) 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) 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.
``(5) 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. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints
``(a) 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) 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) An employee against whom an adverse action under paragraph
(1) is proposed is entitled to written notice.
``(B)(i) 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;
``(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. 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) 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) 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) the Secretary determines such repayment appropriate
pursuant to regulations prescribed by the Secretary to carry
out this section; and
``(C) the supervisor is afforded notice and an opportunity
for a hearing before making such repayment.
``Sec. 735. Training regarding whistleblower complaints
``(a) 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) 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) 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. 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
``(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 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) 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) 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 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.--
(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. 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 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. 247. (a) Notwithstanding any other provision of law, of the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account, for fiscal year
2017, not less than $18,000,000, and for fiscal year 2018, not less
than $70,000,000, shall be used for the provision of fertility
treatment and counseling, including treatment using assisted
reproductive technology, to veterans and their spouses if the veteran
has a service-connected condition that results in the veteran being
unable to procreate without the use of such fertility treatment.
(b) In this section, the term ``service-connected condition'' means
a condition that was incurred or aggravated in line of duty in the
active military, naval, or air service (as defined in section 101 of
title 38, United States Code).
Sec. 248. None of the amounts appropriated or otherwise made
available by title II may be used to carry out the Home Marketing
Incentive Program of the Department of Veterans Affairs or to carry out
the Appraisal Value Offer Program of the Department with respect to an
employee of the Department in a senior executive position (as defined
in section 713(g) of title 38, United States Code): Provided, That the
Secretary may waive this prohibition with respect to the use of the
Home Marketing Incentive Program and Appraisal Value Offer Program to
recruit for a position for which recruitment or retention of qualified
personnel is likely to be difficult in the absence of the use of these
incentives: Provided further, That within 15 days of a determination
by the Secretary to waive this prohibition, the Secretary shall submit
written notification thereof to the Committees on Appropriations of
both Houses of Congress containing the reasons and identifying the
position title for which the waiver has been issued.
Sec. 249. None of the funds appropriated or otherwise made
available to the Department of Veterans Affairs in this Act may be used
in a manner that would--
(1) interfere with the ability of a veteran to participate
in a medicinal marijuana program approved by a State;
(2) deny any services from the Department to a veteran who
is participating in such a program; or
(3) limit or interfere with the ability of a health care
provider of the Department to make appropriate recommendations,
fill out forms, or take steps to comply with such a program.
Sec. 250. (a) 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
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. 251. (a) The Secretary of Veterans Affairs shall ensure that
the Readjustment Counseling Service of the Department of Veterans
Affairs coordinates directly with the Office of Rural Health of the
Department on efforts to expand the capacity of Vet Centers (as defined
in section 1712A(h) of title 38, United States Code) in order to ensure
that the readjustment and psychological counseling needs of veterans in
rural and highly rural communities are met.
(b) Not later than one year after the date of the enactment of this
Act, the Secretary shall submit to the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House of
Representatives a report detailing the number of Vet Centers (as so
defined) operated by the Department and a strategic plan to increase
the capacity of such Vet Centers to address unmet readjustment and
psychological counseling needs of veterans in rural and highly rural
communities.
monthly assistance allowance for disabled veterans competing on olympic
teams
Sec. 252. 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 service-connected disability rated
as 30 percent or greater by the Department 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.''.
coverage under department of veterans affairs beneficiary travel
program of travel in connection with certain special disabilities
rehabilitation
Sec. 253. (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.
(c) 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.
inspection of kitchens and food service areas at medical facilities of
the department of veterans affairs
Sec. 254. (a) In General.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than annually
thereafter, the Secretary of Veterans Affairs shall provide for the
conduct of inspections of kitchens and food service areas at each
medical facility of the Department of Veterans Affairs 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) 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 48 hours; and
(B) Conduct a second inspection under subsection
(a) at that medical facility within 7 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 remediation is completed and all
kitchens and food service areas at that medical facility meet
such standards.
(3) 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) Reports.--
(1) Quarterly.--Not less frequently than quarterly, the
Director of each Veterans Integrated Service Network shall
submit to Congress a report on inspections conducted under this
section during that quarter at medical facilities of the
Department under the jurisdiction of that Director.
(2) Subsequent period.--A Director of a Veterans Integrated
Service Network may submit to Congress the report described in
paragraph (1) not less frequently than semiannually if the
Director does not report any failed inspections for the one-
year period preceding the submittal of the report.
inspection of mold issues at medical facilities of the department of
veterans affairs
Sec. 255. (a) In General.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than annually
thereafter, the Secretary of Veterans Affairs shall provide for the
inspection of mold issues at medical facilities of the Department of
Veterans Affairs.
(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.--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 48 hours; and
(2) Conduct a second inspection under subsection (a) at
that medical facility within 90 days of the initial inspection.
(d) Reports.--
(1) Quarterly.--Not less frequently than quarterly, the
Director of each Veterans Integrated Service Network shall
submit to the Secretary of Veterans Affairs and Congress a
report on inspections conducted under this section during that
quarter at medical facilities of the Department under the
jurisdiction of that Director.
(2) Subsequent period.--A Director of a Veterans Integrated
Service Network may submit to Congress the report described in
paragraph (1) not less frequently than semiannually if the
Director does not report any mold issues for the one-year
period preceding the submittal of the report.
coverage under department of veterans affairs beneficiary travel
program of travel in connection with certain special disabilities
rehabilitation
Sec. 256. (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.
(c) 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.
extension of requirement for report on capacity of department of
veterans affairs to provide for specialized treatment and
rehabilitative needs of disabled veterans
Sec. 257. Section 1706(b)(5)(A) of title 38, United States Code,
is amended, in the first sentence, by striking ``through 2008''.
Sec. 258. From the amount made available in this title under the
heading ``Medical Support and Compliance'', up to $18,000,000 shall be
made available for Directors of Veterans Integrated Service Networks to
contract with appropriate non-Department of Veterans Affairs entities
to assess, evaluate, and improve the health care delivery by and
business operations of medical centers of the Department under the
jurisdiction of each such Director.
Sec. 259. (a) Not later than 180 days after the enactment of this
Act, the Secretary of Veterans Affairs shall begin an assessment of
whether the hiring of marriage and family therapists trained at
Commission on Accreditation for Marriage and Family Therapy Education
accredited institutions is adversely impacting the ability of the
Department of Veterans Affairs to hire marriage and family therapists.
(b) The assessment should also include what steps the Department of
Veterans Affairs is taking to increase hiring of marriage and family
therapists.
(c) Not later than one year after the enactment of this Act, the
Secretary of Veterans Affairs shall submit the report to the House and
Senate Veterans Affairs Committees.
Sec. 260. Not later than September 30, 2017, the Secretary of
Veterans Affairs shall--
(1) provide for the conduct by the Office of Inspector
General of the Department of Veterans Affairs of an inspection
or audit of the use of Federal award GU1103 in the amount of
$3,265,487 that was awarded in 2013 to renovate a veteran's
cemetery in Guam under the Veterans Cemetery Grants Program of
the Department of Veterans Affairs, including--
(A) an itemized accounting of the use of such
award; or
(B) if no such itemized accounting is possible, an
explanation of why any amounts in connection with such
award are unaccounted for;
(2) submit to the Committee on Appropriations and the
Committee on Veterans' Affairs of the Senate and the Committee
on Appropriations and the Committee on Veterans' Affairs of the
House of Representatives a report on the results on the
inspection or audit conducted under paragraph (1); and
(3) publish the results on the inspection or audit
conducted under paragraph (1) on a publicly available Internet
website of the Department.
Sec. 261. (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) 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) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 262. Not later than September 30, 2017, the Secretary of
Veterans Affairs shall submit to Congress a plan on modernizing the
system of the Veterans Health Administration for processing claims by
non-Department of Veterans Affairs health care providers for
reimbursement for health care provided to veterans under the laws
administered by the Secretary.
authorization of certain major medical facility projects of the
department of veterans affairs
Sec. 263. (a) Findings.--Congress finds the following:
(1) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2016, which was passed by
the Senate on November 10, 2015, without a single vote cast
against the bill, and the Consolidated Appropriations Act, 2016
include the following amounts to be appropriated to the
Department of Veterans Affairs:
(A) $35,000,000 to make seismic corrections to
Building 208 at the West Los Angeles Medical Center of
the Department in Los Angeles, California, which,
according to the Department, is a building that is
designated as having an exceptionally high risk of
sustaining substantial damage or collapsing during an
earthquake.
(B) $158,000,000 to provide for the construction of
a new research building, site work, and demolition at
the San Francisco Veterans Affairs Medical Center.
(C) $161,000,000 to replace Building 133 with a new
community living center at the Long Beach Veterans
Affairs Medical Center, which, according to the
Department, is a building that is designated as having
an extremely high risk of sustaining major damage
during an earthquake.
(D) $468,800,000 for construction projects that are
critical to the Department for ensuring health care
access and safety at medical facilities in Louisville,
Kentucky, Jefferson Barracks in St. Louis, Missouri,
Perry Point, Maryland, American Lake, Washington,
Alameda, California, and Livermore, California.
(2) The Department is unable to obligate or expend the
amounts described in paragraph (1), other than for construction
design, because the Department lacks an explicit authorization
by an Act of Congress pursuant to section 8104(a)(2) of title
38, United States Code, to carry out the major medical facility
projects described in such paragraph.
(3) Among the major medical facility projects described in
paragraph (1), three are critical seismic safety projects in
California.
(4) Every day that the critical seismic safety projects
described in paragraph (3) are delayed increases the risk of a
life-threatening building failure in the case of a major
seismic event.
(5) According to the United States Geological Survey--
(A) California has more than a 99 percent chance of
experiencing an earthquake of magnitude 6.7 or greater
in the next 30 years;
(B) even earthquakes of less severity than
magnitude 6.7 can cause life threatening damage to
seismically unsafe buildings; and
(C) in California, earthquakes of magnitude 6.0 or
greater occur on average once every 1.2 years.
(6) On January 20, 2016, the Senate passed this legislation
by unanimous consent as S. 2422, 114th Congress.
(b) Authorization.--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.
(c) Authorization of Appropriations for Construction.--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 (b).
(d) Limitation.--The projects authorized in subsection (b) may only
be carried out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (c);
(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
(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. 264. (a) 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) 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) 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. 265. 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 Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a report that contains
an update on the progress of the Department of Veterans Affairs in
completing the Rural Veterans Burial Initiative and the expected
timeline for completion of such initiative.
Sec. 266. Of the funds made available in this title for fiscal
year 2017 for medical support and compliance, not less than $21,000,000
shall be made available to the Secretary of Veterans Affairs to hire
Medical Center Directors and employees for other management and
clinical positions that are critical to the Department of Veterans
Affairs in order to fill vacancies in such positions.
Sec. 267. None 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.
prevention of certain health care providers from providing non-
department health care services to veterans
Sec. 268. (a) In General.--One year after enactment of this Act,
the Secretary of Veterans Affairs shall deny or revoke the eligibility
of a health care provider to provide non-Department health care
services to veterans if the Secretary determines that--
(1) the health care provider was removed from employment
with the Department of Veterans Affairs due to conduct that
violated a policy of the Department relating to the delivery of
safe and appropriate patient care;
(2) the health care provider violated the requirements of a
medical license of the health care provider;
(3) the health care provider had a Department credential
revoked and the Secretary determines that the grounds for such
revocation impacts the ability of the health care provider to
deliver safe and appropriate care; or
(4) the health care provider violated a law for which a
term of imprisonment of more than one year may be imposed.
(b) Permissive Action.--One year after enactment of this Act, the
Secretary may deny, revoke, or suspend the eligibility of a health care
provider to provide non-Department health care services if the
Secretary has reasonable belief that such action is necessary to
immediately protect the health, safety, or welfare of veterans and--
(1) the health care provider is under investigation by the
medical licensing board of a State in which the health care
provider is licensed or practices;
(2) the health care provider has entered into a settlement
agreement for a disciplinary charge relating to the practice of
medicine by the health care provider; or
(3) the Secretary otherwise determines that such action is
appropriate under the circumstances.
(c) Suspension.--The Secretary shall suspend the eligibility of a
health care provider to provide non-Department health care services to
veterans if the health care provider is suspended from serving as a
health care provider of the Department.
(d) Initial Review.--The Secretary shall review the Department
employment status and history of each health care provider providing
non-Department health care services to determine instances of
circumstances described in paragraphs (a) through (c) and shall take
action as appropriate to each circumstance as described in paragraphs
(a) through (c).
(e) Report Required.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the implementation by the
Secretary of this section, including the following:
(1) The aggregate number of health care providers denied or
suspended under this section from participation in providing
non-Department health care services.
(2) An evaluation of any impact on access to care for
patients or staffing shortages in programs of the Department
providing non-Department health care services.
(3) An explanation of the coordination of the Department
with the medical licensing boards of States in implementing
this section, the amount of involvement of such boards in such
implementation, and efforts by the Department to address any
concerns raised by such boards with respect to such
implementation.
(4) Such recommendations as the Comptroller General
considers appropriate regarding harmonizing eligibility
criteria between health care providers of the Department and
health care providers eligible to provide non-Department health
care services.
(f) Non-Department Health Care Services Defined.--In this section,
the term ``non-Department health care services'' means--
(1) services provided under subchapter I of chapter 17 of
title 38, United States Code, at non-Department facilities (as
defined in section 1701 of such title);
(2) services provided under section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-
146; 38 U.S.C. 1701 note);
(3) services purchased through the Medical Community Care
account of the Department; or
(4) services purchased with amounts deposited in the
Veterans Choice Fund under section 802 of the Veterans Access,
Choice, and Accountability Act of 2014.
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 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, $30,945,100: 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 $28,000,000 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.
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
GENERAL PROVISIONS
Sec. 401. 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. 402. 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. 403. 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. 404. Unless 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. 405. 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. 406. (a) 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) 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. 407. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless 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. 408. 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. 409. (a) 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 Act may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017''.
TITLE V
ZIKA RESPONSE AND PREPAREDNESS
CHAPTER 1
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For an additional amount for fiscal year 2016 for ``Primary Health
Care'', $40,000,000 to remain available until September 30, 2017, to
prevent, prepare for, and respond to Zika virus, other vector-borne
diseases, and related health outcomes, domestically and
internationally: Provided, That funds appropriated in this paragraph
shall be used to expand the delivery of primary health services
authorized by section 330 of the Public Health Service (``PHS'') Act in
Puerto Rico and other territories: 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.
health workforce
For an additional amount for fiscal year 2016 for ``Health
Workforce'', $6,000,000 to remain available until September 30, 2017,
to prevent, prepare for, and respond to Zika virus, other vector-borne
diseases, and related health outcomes, domestically and
internationally: Provided, That funds appropriated in this paragraph
may, 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: 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.
maternal and child health
For an additional amount for fiscal year 2016 for ``Maternal and
Child Health'', $5,000,000 to remain available until September 30,
2017, to prevent, prepare for, and respond to Zika virus, other vector-
borne diseases, and related health outcomes, domestically and
internationally: Provided, That funds appropriated in this paragraph
may be awarded for projects of regional and national significance in
Puerto Rico and other Territories authorized under section 501 of the
Social Security Act, notwithstanding section 502 of such 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.
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'', $449,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, other vector-borne diseases, and related health outcomes,
domestically and internationally; and to carry out titles II, III, and
XVII of the PHS Act with respect to domestic preparedness and global
health: 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 PHS
Act: Provided further, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries: Provided
further, That the provisions in section 317S of the PHS Act shall not
apply to the use of funds appropriated in this paragraph: 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 the
State and local level: Provided further, That of the amount
appropriated in this paragraph, $88,000,000 may be used to reimburse
accounts administered by the Centers for Disease Control and Prevention
for obligations incurred 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
For an additional amount for fiscal year 2016 for ``National
Institute of Allergy and Infectious Diseases'', $200,000,000, to remain
available until September 30, 2017, to prevent, prepare for, and
respond to Zika virus, other vector-borne diseases, and related health
outcomes, domestically and internationally, including expenses related
to carrying out section 301 and title IV of the PHS Act: 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.
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'', $150,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, other vector-borne diseases, and related health outcomes,
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 titles II, III, and XVII of
the PHS Act with respect to domestic preparedness and global health;
and for additional payments for distribution as provided for under the
``Social Services Block Grant Program'': 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,
as amended by this Act): 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 countermeasures
related to the Zika virus procured with funds appropriated in this
paragraph shall be deemed to be security countermeasures as defined in
section 319F-2(c)(1) of the PHS Act, and paragraph (7)(C), but no other
provision, of such section 319F-2(c) shall apply to procurements of
such countermeasures: Provided further, That $75,000,000 shall be
transferred to ``Social Services Block Grant'' for health services,
notwithstanding section 2005(a)(4) of the Social Security Act, in
territories with active or local transmission cases of the Zika virus,
as confirmed by the Centers for Disease Control and Prevention:
Provided further, That the Secretary of Health and Human Services shall
distribute funds transferred to the ``Social Services Block Grant'' in
this paragraph to such territories in accordance with objective
criteria that are made available to the public: 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 Chapter
(including transfer of funds)
Sec. 501. For purposes of preventing, preparing for, and
responding to Zika virus, other vector-borne diseases, and related
health outcomes domestically and internationally, the Secretary of
Health and Human Services may use funds provided in this chapter to
acquire, lease, construct, alter, renovate, equip, furnish, or manage
facilities outside of the United States, as necessary to conduct such
programs, in consultation with the Secretary of State, either directly
for the use of the United States Government or for the use, pursuant to
grants, direct assistance, or cooperative agreements, of public or
nonprofit private institutions or agencies in participating foreign
countries.
Sec. 502. Funds appropriated by this chapter may be used by the
heads of the Department of Health and Human Services, Department of
State, and the Agency for International Development to appoint, without
regard to the provisions of sections 3309 through 3319 of title 5 of
the United States Code, 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.
Sec. 503. Funds appropriated in this chapter 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'', ``Health Resources and Services
Administration'', and ``National Institutes of Health'' for the
purposes specified in this chapter following consultation with the
Office of Management and Budget: Provided, That the Committees on
Appropriations shall be notified 10 days in advance of any such
transfer: 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 chapter may be
transferred pursuant to the authority in section 206 of division G of
Public Law 113-235 or section 241(a) of the PHS Act.
Sec. 504. Not 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 chapter,
including estimated personnel and administrative costs, to the
Committees on Appropriations: Provided, That such plans shall be
updated and submitted to the Committee on Appropriations of the Senate
every 90 days until September 30, 2017, and every 180 days thereafter
until all funds have been fully expended.
CHAPTER 2
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
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 and related health outcomes, other vector-borne
diseases, or other infectious diseases: Provided, That up to
$4,000,000 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 and
related health outcomes, other vector-borne diseases, or other
infectious diseases, to remain available until expended: 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 and related health
outcomes, other vector-borne diseases, or other infectious diseases, to
remain available until expended: 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.
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 and related health outcomes, other vector-borne diseases, or
other infectious 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'', $211,000,000, to remain available until expended, for
necessary expenses for assistance or research to prevent, treat, or
otherwise respond to the Zika virus and related health outcomes, other
vector-borne diseases, or other infectious diseases: Provided, That
such funds may be made available for multi-year funding commitments to
incentivize the development of global health technologies, following
consultation with the Committees on Appropriations: Provided further,
That none of the funds appropriated in this chapter 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.
International Security Assistance
department of state
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for fiscal year 2016 for
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
$4,000,000, to remain available until September 30, 2017, for necessary
expenses to support response and research efforts related to the Zika
virus and related health outcomes, other vector-borne diseases, or
other infectious 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.
Multilateral Assistance
funds appropriated to the president
international organizations and programs
For an additional amount for fiscal year 2016 for ``International
Organizations and Programs'', $13,500,000, to remain available until
September 30, 2017 for necessary expenses to support response and
research efforts related to the Zika virus and related health outcomes,
other vector-borne diseases, or other infectious diseases: Provided,
That section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated under this heading: 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 Chapter
(including transfer of funds)
Sec. 505. (a) Funds appropriated by this chapter under the headings
``Global Health Programs'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``International Organizations and
Programs'', and ``Operating Expenses'' may be transferred to, and
merged with, funds appropriated by this chapter under such headings to
carry out the purposes of this chapter.
(b) Funds appropriated by this chapter under the headings
``Diplomatic and Consular Programs'', ``Emergencies in the Diplomatic
and Consular Service'', and ``Repatriation Loans Program Account'' may
be transferred to, and merged with, funds appropriated by this chapter
under such headings to carry out the purposes of this chapter.
(c) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(d) Upon a determination that all or part of the funds transferred
pursuant to the authorities provided by this section are not necessary
for such purposes, such amounts may be transferred back to such
appropriations.
(e) No funds shall be transferred pursuant to this section unless
at least 15 days prior to making such transfer the Secretary of State
or the Administrator of the United States Agency for International
Development (USAID), as appropriate, notifies the Committees on
Appropriations in writing of the details of any such transfer.
notification requirement
Sec. 506. Funds appropriated by this chapter that are made
available to respond to the Zika virus outbreak, other vector-borne
diseases, or other infectious diseases shall not be available for
obligation unless the Secretary of State or the USAID Administrator, as
appropriate, notifies the Committees on Appropriations in writing at
least 15 days in advance of such obligation.
spend plan requirement
Sec. 507. Not later than 45 days after enactment of this Act and
prior to the obligation of funds made available by this chapter to
respond to the Zika virus outbreak, other vector-borne diseases, or
other infectious diseases, the Secretary of State and the USAID
Administrator, as appropriate, shall submit spend plans to the
Committees on Appropriations on the anticipated uses of funds on a
country and project basis, including estimated personnel and
administrative costs: Provided, That such plans shall be updated and
submitted to the Committee on Appropriations every 90 days until
September 30, 2017, and every 180 days thereafter until all funds have
been fully expended.
comptroller general oversight
Sec. 508. Of the funds appropriated by this chapter, up to
$500,000 shall be made available to the Comptroller General of the
United States, to remain available until expended, for oversight of
activities supported pursuant to this chapter with funds appropriated
by this chapter: Provided, That the Secretary of State and USAID
Administrator, as appropriate, and the Comptroller General shall
consult with the Committees on Appropriations prior to obligating such
funds.
rescission
Sec. 509. 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), $10,000,000 are rescinded: 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.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
extension of authorities and provisions
Sec. 510. Unless otherwise provided for by this title, the
additional amounts appropriated pursuant to this title for fiscal year
2016 are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
personal service contractors
Sec. 511. Funds made available by this title to support response
efforts related to the Zika virus and related health outcomes, other
vector-borne diseases, or other infectious diseases 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)), 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.
designation requirement
Sec. 512. Each amount designated in this title 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 be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
effective date
Sec. 513. This title shall become effective immediately upon
enactment of this Act.
Passed the House of Representatives June 9, 2015.
Attest:
KAREN L. HAAS,
Clerk.
Passed the Senate May 19, 2016.
Attest:
JULIE E. ADAMS,
Secretary.