[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5325 Public Print (PP)]
<DOC>
114th CONGRESS
2d Session
H. R. 5325
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2017, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 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 Legislative Branch for the fiscal year
ending September 30, 2017, 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 Legislative Branch for the fiscal year ending
September 30, 2017, and for other purposes, namely:
<DELETED>TITLE I</DELETED>
<DELETED>LEGISLATIVE BRANCH</DELETED>
<DELETED>HOUSE OF REPRESENTATIVES</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For salaries and expenses of the House of Representatives,
$1,189,050,766, as follows:</DELETED>
<DELETED>House Leadership Offices</DELETED>
<DELETED> For salaries and expenses, as authorized by law,
$22,278,891, including: Office of the Speaker, $6,645,417, including
$25,000 for official expenses of the Speaker; Office of the Majority
Floor Leader, $2,180,048, including $10,000 for official expenses of
the Majority Leader; Office of the Minority Floor Leader, $7,114,471,
including $10,000 for official expenses of the Minority Leader; Office
of the Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy Minority
Whip, $1,459,639, including $5,000 for official expenses of the
Minority Whip; Republican Conference, $1,505,426; Democratic Caucus,
$1,487,258: Provided, That such amount for salaries and expenses shall
remain available from January 3, 2017 until January 2, 2018.</DELETED>
<DELETED>Members' Representational Allowances</DELETED>
<DELETED>Including Members' Clerk Hire, Official Expenses of Members,
and Official Mail</DELETED>
<DELETED> For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$562,632,498.</DELETED>
<DELETED>Committee Employees</DELETED>
<DELETED>Standing Committees, Special and Select</DELETED>
<DELETED> For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $127,053,373: Provided,
That such amount shall remain available for such salaries and expenses
until December 31, 2018, except that $3,150,200 of such amount shall
remain available until expended for committee room upgrading.</DELETED>
<DELETED>Committee on Appropriations</DELETED>
<DELETED> For salaries and expenses of the Committee on
Appropriations, $23,271,004, including studies and examinations of
executive agencies and temporary personal services for such committee,
to be expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement to
agencies for services performed: Provided, That such amount shall
remain available for such salaries and expenses until December 31,
2018.</DELETED>
<DELETED>Salaries, Officers and Employees</DELETED>
<DELETED> For compensation and expenses of officers and employees,
as authorized by law, $181,487,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000 for
official representation and reception expenses, of which not more than
$20,000 is for the Family Room and not more than $2,000 is for the
Office of the Chaplain, $26,268,000; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency Management, and
including not more than $3,000 for official representation and
reception expenses, $15,505,000, of which $5,618,902 shall remain
available until expended; for salaries and expenses of the Office of
the Chief Administrative Officer including not more than $3,000 for
official representation and reception expenses, $117,165,000, of which
$2,120,000 shall remain available until expended; for salaries and
expenses of the Office of the Inspector General, $4,963,000; for
salaries and expenses of the Office of the General Counsel, $1,444,000;
for salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian, $2,000 for preparing the Digest of
Rules, and not more than $1,000 for official representation and
reception expenses, $1,999,000; for salaries and expenses of the Office
of the Law Revision Counsel of the House, $3,167,000; for salaries and
expenses of the Office of the Legislative Counsel of the House,
$8,979,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $814,000; and for other authorized
employees, $1,183,000.</DELETED>
<DELETED>Allowances and Expenses</DELETED>
<DELETED> For allowances and expenses as authorized by House
resolution or law, $272,328,000, including: supplies, materials,
administrative costs and Federal tort claims, $3,625,000; official mail
for committees, leadership offices, and administrative offices of the
House, $190,000; Government contributions for health, retirement,
Social Security, and other applicable employee benefits, $245,334,000,
to remain available until March 31, 2018; Business Continuity and
Disaster Recovery, $16,217,000, of which $5,000,000 shall remain
available until expended; transition activities for new Members and
staff $2,084,000, to remain available until expended; Wounded Warrior
Program $2,500,000, to remain available until expended; Office of
Congressional Ethics, $1,658,000; and miscellaneous items including
purchase, exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to heirs of
deceased employees of the House, $720,000.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED>requiring amounts remaining in members' representational
allowances to be used for deficit reduction or to reduce the federal
debt</DELETED>
<DELETED> Sec. 101. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members' Representational
Allowances'' shall be available only for fiscal year 2017. Any amount
remaining after all payments are made under such allowances for fiscal
year 2017 shall be deposited in the Treasury and used for deficit
reduction (or, if there is no Federal budget deficit after all such
payments have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).</DELETED>
<DELETED> (b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.</DELETED>
<DELETED> (c) Definition.--As used in this section, the term
``Member of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.</DELETED>
<DELETED>delivery of bills and resolutions</DELETED>
<DELETED> Sec. 102. None of the funds made available in this Act
may be used to deliver a printed copy of a bill, joint resolution, or
resolution to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) unless
the Member requests a copy.</DELETED>
<DELETED>delivery of congressional record</DELETED>
<DELETED> Sec. 103. None of the funds made available by this Act
may be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress).</DELETED>
<DELETED>limitation on amount available to lease vehicles</DELETED>
<DELETED> Sec. 104. None of the funds made available in this Act
may be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members' Representational
Allowance for the leasing of a vehicle, excluding mobile district
offices, in an aggregate amount that exceeds $1,000 for the vehicle in
any month.</DELETED>
<DELETED>limitation on printed copies of u.s. code to house</DELETED>
<DELETED> Sec. 105. None of the funds made available by this Act
may be used to provide an aggregate number of more than 50 printed
copies of any edition of the United States Code to all offices of the
House of Representatives.</DELETED>
<DELETED>delivery of reports of disbursements</DELETED>
<DELETED> Sec. 106. None of the funds made available by this Act
may be used to deliver a printed copy of the report of disbursements
for the operations of the House of Representatives under section 106 of
the House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5535) to the office of a Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress).</DELETED>
<DELETED>delivery of daily calendar</DELETED>
<DELETED> Sec. 107. None of the funds made available by this Act
may be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress) a printed copy of the Daily Calendar of the House of
Representatives which is prepared by the Clerk of the House of
Representatives.</DELETED>
<DELETED>delivery of congressional pictorial directory</DELETED>
<DELETED> Sec. 108. None of the funds made available by this Act
may be used to deliver a printed copy of the Congressional Pictorial
Directory to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress).</DELETED>
<DELETED> adjustments to compensation</DELETED>
<DELETED> Sec. 109. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living
adjustments for Members of Congress) during fiscal year 2017.</DELETED>
<DELETED>overseas travel to accompany members of house
leadership</DELETED>
<DELETED> Sec. 110. (a) Travel Authorized.--</DELETED>
<DELETED> (1) In general.--A member of the Capitol Police
may travel outside of the United States for official duty if--
</DELETED>
<DELETED> (A) that travel is with, or in preparation
for, travel of a Member of the House of Representatives
who holds a position in a House Leadership Office,
including travel of the Member as part of a
congressional delegation; and</DELETED>
<DELETED> (B) the Sergeant at Arms of the House of
Representatives gives prior approval to the travel of
the member of the Capitol Police.</DELETED>
<DELETED> (2) Definitions.--In this subsection--</DELETED>
<DELETED> (A) the term ``House Leadership office''
means an office of the House of Representatives for
which the appropriation for salaries and expenses of
the office for the year involved is provided under the
heading ``House Leadership Offices'' in the act making
appropriations for the Legislative Branch for the
fiscal year involved;</DELETED>
<DELETED> (B) the term ``Member of the House of
Representatives'' includes a Delegate or Resident
Commissioner to the Congress; and</DELETED>
<DELETED> (C) the term ``United States'' means each
of the several States of the United States, the
District of Columbia, and the territories and
possessions of the United States.</DELETED>
<DELETED> (b) Reimbursement From Sergeant at Arms.--</DELETED>
<DELETED> (1) In general.--From amounts made available for
salaries and expenses of the Office of the Sergeant at Arms of
the House of Representatives, the Sergeant at Arms of the House
of Representatives shall reimburse the Capitol Police for the
overtime pay, travel, and related expenses of any member of the
Capitol Police who travels under the authority of this
section.</DELETED>
<DELETED> (2) Use of amounts received.--Any amounts received
by the Capitol Police for reimbursements under paragraph (1)
shall be credited to the accounts established for the general
expenses or salaries of the Capitol Police, and shall be
available to carry out the purposes of such accounts during the
fiscal year in which the amounts are received and the following
fiscal year.</DELETED>
<DELETED> (c) Effective Date.--This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.</DELETED>
<DELETED>JOINT ITEMS</DELETED>
<DELETED> For Joint Committees, as follows:</DELETED>
<DELETED>Joint Economic Committee</DELETED>
<DELETED> For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.</DELETED>
<DELETED>Joint Committee on Taxation</DELETED>
<DELETED> For salaries and expenses of the Joint Committee on
Taxation, $10,095,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.</DELETED>
<DELETED> For other joint items, as follows:</DELETED>
<DELETED>Office of the Attending Physician</DELETED>
<DELETED> For medical supplies, equipment, and contingent expenses
of the emergency rooms, and for the Attending Physician and his
assistants, including:</DELETED>
<DELETED> (1) an allowance of $2,175 per month to the
Attending Physician;</DELETED>
<DELETED> (2) an allowance of $1,300 per month to the Senior
Medical Officer;</DELETED>
<DELETED> (3) an allowance of $725 per month each to three
medical officers while on duty in the Office of the Attending
Physician;</DELETED>
<DELETED> (4) an allowance of $725 per month to 2 assistants
and $580 per month each not to exceed 11 assistants on the
basis heretofore provided for such assistants; and</DELETED>
<DELETED> (5) $2,780,000 for reimbursement to the Department
of the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall
be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other
expenses are payable and shall be available for all the
purposes thereof, $3,838,000, to be disbursed by the Chief
Administrative Officer of the House of
Representatives.</DELETED>
<DELETED>Office of Congressional Accessibility Services</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For salaries and expenses of the Office of Congressional
Accessibility Services, $1,429,000, to be disbursed by the Secretary of
the Senate.</DELETED>
<DELETED>CAPITOL POLICE</DELETED>
<DELETED>Salaries</DELETED>
<DELETED> For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $325,300,000 of which overtime
shall not exceed $35,305,000 unless the Committee on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.</DELETED>
<DELETED>General Expenses</DELETED>
<DELETED> For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $66,000,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2017 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland
Security.</DELETED>
<DELETED>Administrative Provision</DELETED>
<DELETED>authority to dispose of forfeited and abandoned property and
to accept surplus or obsolete property offered by other federal
agencies</DELETED>
<DELETED> Sec. 1001. (a) Section 1003(a) of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1906(a)) is amended by striking
``surplus or obsolete property of the Capitol Police'' and inserting
the following: ``surplus or obsolete property of the Capitol Police,
and property which is in the possession of the Capitol Police because
it has been disposed, forfeited, voluntarily abandoned, or
unclaimed,''.</DELETED>
<DELETED> (b) Upon notifying the Committees of Appropriations of the
House of Representatives and Senate, the United States Capitol Police
may accept surplus or obsolete property offered by another Federal
department, agency, or office.</DELETED>
<DELETED> (c) This section and the amendment made by this section
shall apply with respect to fiscal year 2017 and each succeeding fiscal
year.</DELETED>
<DELETED>OFFICE OF COMPLIANCE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act of
1995 (2 U.S.C. 1385), $3,959,000, of which $450,000 shall remain
available until September 30, 2018: Provided, That not more than $500
may be expended on the certification of the Executive Director of the
Office of Compliance in connection with official representation and
reception expenses.</DELETED>
<DELETED>CONGRESSIONAL BUDGET OFFICE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $46,500,000.</DELETED>
<DELETED>Administrative Provision</DELETED>
<DELETED>establishment of senior level positions</DELETED>
<DELETED> Sec. 1101. (a) Notwithstanding the fourth sentence of
section 201(b) of the Congressional Budget and Impoundment Control Act
of 1974 (2 U.S.C. 601(b)), the Director of the Congressional Budget
Office may establish and fix the compensation of senior level positions
in the Congressional Budget Office to meet critical scientific,
technical, professional, or executive needs of the Office.</DELETED>
<DELETED> (b) Limitation on Compensation.--The annual rate of pay
for any position established under this section may not exceed the
annual rate of pay for level II of the Executive Schedule.</DELETED>
<DELETED> (c) Effective Date.--This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.</DELETED>
<DELETED>ARCHITECT OF THE CAPITOL</DELETED>
<DELETED>Capital Construction and Operations</DELETED>
<DELETED> For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all necessary
expenses for surveys and studies, construction, operation, and general
and administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $88,542,234 (reduced by $100,000) (increased by
$100,000) (reduced by $500,000), of which $5,268,000 shall remain
available until September 30, 2021.</DELETED>
<DELETED>Capitol Building</DELETED>
<DELETED> For all necessary expenses for the maintenance, care and
operation of the Capitol, $33,005,499 (increased by $250,000), of which
$9,005,499 shall remain available until September 30, 2021.</DELETED>
<DELETED>Capitol Grounds</DELETED>
<DELETED> For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $12,826,000, of which $2,946,000 shall
remain available until September 30, 2021.</DELETED>
<DELETED>House Office Buildings</DELETED>
<DELETED> For all necessary expenses for the maintenance, care and
operation of the House office buildings, $187,481,000 (increased by
$250,000), of which $61,404,000 shall remain available until September
30, 2021, and of which $62,000,000 shall remain available until
expended for the restoration and renovation of the Cannon House Office
Building.</DELETED>
<DELETED> In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $17,000,000, to remain available until
expended.</DELETED>
<DELETED>Capitol Power Plant</DELETED>
<DELETED> For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and sewer
services for the Capitol, Senate and House office buildings, Library of
Congress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Publishing
Office and Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the Union Station
complex, the Thurgood Marshall Federal Judiciary Building and the
Folger Shakespeare Library, expenses for which shall be advanced or
reimbursed upon request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit of this
appropriation, $104,480,000, of which $27,339,000 shall remain
available until September 30, 2021: Provided, That not more than
$9,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2017.</DELETED>
<DELETED>Library Buildings and Grounds</DELETED>
<DELETED> For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library buildings and
grounds, $47,080,000, of which $22,137,000 shall remain available until
September 30, 2021.</DELETED>
<DELETED>Capitol Police Buildings, Grounds and Security</DELETED>
<DELETED> For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computing
Facility, and Architect of the Capitol security operations,
$26,697,000, of which $9,164,000 shall remain available until September
30, 2021.</DELETED>
<DELETED>Botanic Garden</DELETED>
<DELETED> For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $14,067,000; of which $4,054,000 shall
remain available until September 30, 2021: Provided, That of the
amount made available under this heading, the Architect may obligate
and expend such sums as may be necessary for the maintenance, care and
operation of the National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon
vouchers approved by the Architect of the Capitol or a duly authorized
designee.</DELETED>
<DELETED>Capitol Visitor Center</DELETED>
<DELETED> For all necessary expenses for the operation of the
Capitol Visitor Center, $20,557,000.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED>no bonuses for contractors behind schedule or over
budget</DELETED>
<DELETED> Sec. 1201. None of the funds made available in this Act
for the Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.</DELETED>
<DELETED>scrims</DELETED>
<DELETED> Sec. 1202. None of the funds made available by this Act
may be used for scrims containing photographs of building facades
during restoration or construction projects performed by the Architect
of the Capitol.</DELETED>
<DELETED>working capital fund</DELETED>
<DELETED> Sec. 1203. (a) Establishment.--There is hereby established
in the Treasury of the United States a working capital fund (hereafter
in this section referred to as the ``Fund'') for the Architect of the
Capitol.</DELETED>
<DELETED> (b) Availability of Amounts.--Amounts in the Fund shall be
available to the Architect of the Capitol for such common agency
services, activities, and equipment, such as construction, capital
repairs, renovations, rehabilitation, maintenance of real property, and
similar agency expenses, on a reimbursable basis within the Architect
of the Capitol as the Architect determines to be appropriate,
efficient, and economical.</DELETED>
<DELETED> (c) Contents.--The capital of the Fund consists of--
</DELETED>
<DELETED> (1) amounts appropriated to the Fund;</DELETED>
<DELETED> (2) the reasonable value of stocks of supplies,
equipment, and other assets and inventories on order that the
Architect transfers to the fund, less related liabilities and
unpaid obligations;</DELETED>
<DELETED> (3) receipts from the sale or exchange of property
held in the Fund;</DELETED>
<DELETED> (4) all miscellaneous receipts compensating the
Architect of the Capitol for loss or damage to any Government
property under the Architect's jurisdiction or care, including
but not limited to the United States Botanic Garden;</DELETED>
<DELETED> (5) reimbursements pursuant to subsection (d);
and</DELETED>
<DELETED> (6) amounts transferred to the Fund pursuant to
subsection (e).</DELETED>
<DELETED> (d) Reimbursement.--The Fund shall be reimbursed from
available accounts of the Architect of the Capitol for supplies,
materials, services, and related expenses, at rates which will
approximate the full cost of operations, including--</DELETED>
<DELETED> (1) accrual of employee leave and
benefits;</DELETED>
<DELETED> (2) depreciation of plant, property, and
equipment; and</DELETED>
<DELETED> (3) overhead.</DELETED>
<DELETED> (e) Transfers From Other Accounts.--The Architect is
authorized to transfer amounts from other available Architect of the
Capitol accounts to the Fund in this and each succeeding fiscal year as
the Architect determines to be appropriate, efficient, and economical,
subject to the approval of the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, or both (as the case may be), in accordance with
section 306 of the Legislative Branch Appropriations Act, 1997 (2
U.S.C. 1862).</DELETED>
<DELETED> (f) Continuing Availability of Funds.--Amounts in the Fund
are available without regard to fiscal year limitation.</DELETED>
<DELETED> (g) Effective Date.--This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.</DELETED>
<DELETED>authority for a house office buildings shuttle</DELETED>
<DELETED> Sec. 1204. (a) The proviso in the item relating to
``Capitol Grounds'' in title VI of the Legislative Branch
Appropriations Act, 1977 (90 Stat. 1453; 2 U.S.C. 2163) is amended by
striking ``appropriated under this heading'' and inserting
``appropriated for any available account of the Architect of the
Capitol''.</DELETED>
<DELETED> (b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2017 and each succeeding fiscal year.</DELETED>
<DELETED>use of expired funds for unemployment compensation
payments</DELETED>
<DELETED> Sec. 1205. (a) Available balances of expired Architect of
the Capitol appropriations shall be available to the Architect of the
Capitol for reimbursing the Secretary of Labor for any amounts paid
with respect to unemployment compensation payments for former employees
of the Architect of the Capitol, not withstanding any other provision
of law, without regard to the fiscal year for which the obligation to
make such payments is incurred.</DELETED>
<DELETED> (b) This section shall apply with respect to fiscal year
2017 and each succeeding fiscal year.</DELETED>
<DELETED>flag office revolving fund</DELETED>
<DELETED> Sec. 1206. (a) Establishment.--There is established in
the Treasury of the United States a revolving fund to be known as the
``Flag Office Revolving Fund'' (in this section referred to as the
``Fund'') for services provided by the Flag Office of the Architect of
the Capitol (in this section referred to as the ``Flag
Office'').</DELETED>
<DELETED> (b) Deposit of Fees.--The Architect of the Capitol shall
deposit any fees charged for services described in subsection (a) into
the Fund.</DELETED>
<DELETED> (c) Contents of Fund.--The Fund shall consist of the
following amounts:</DELETED>
<DELETED> (1) Amounts deposited by the Architect of the
Capitol under subsection (b).</DELETED>
<DELETED> (2) Any other amounts received by the Architect of
the Capitol which are attributable to services provided by the
Flag Office.</DELETED>
<DELETED> (3) Such other amounts as may be appropriated
under law.</DELETED>
<DELETED> (d) Use of Amounts in Fund.--Amounts in the Fund shall be
available for disbursement by the Architect of the Capitol, without
fiscal year limitation, for expenses in connection with the services
provided by the Flag Office, including--</DELETED>
<DELETED> (1) supplies, inventories, equipment, and other
expenses; and</DELETED>
<DELETED> (2) the reimbursement of any applicable
appropriations account for amounts used from such
appropriations account to pay the salaries of employees of the
Flag Office.</DELETED>
<DELETED>LIBRARY OF CONGRESS</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance of the
Library's catalogs; custody and custodial care of the Library
buildings; special clothing; cleaning, laundering and repair of
uniforms; preservation of motion pictures in the custody of the
Library; operation and maintenance of the American Folklife Center in
the Library; preparation and distribution of catalog records and other
publications of the Library; hire or purchase of one passenger motor
vehicle; and expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by the Board,
$449,971,000, of which not more than $6,000,000 shall be derived from
collections credited to this appropriation during fiscal year 2017, and
shall remain available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000
shall be derived from collections during fiscal year 2017 and shall
remain available until expended for the development and maintenance of
an international legal information database and activities related
thereto: Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of June 28,
1902, in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That of the
total amount appropriated, not more than $12,000 may be expended, on
the certification of the Librarian of Congress, in connection with
official representation and reception expenses for the Overseas Field
Offices: Provided further, That of the total amount appropriated,
$8,444,000 shall remain available until expended for the digital
collections and educational curricula program: Provided further, That
of the total amount appropriated, $1,300,000 shall remain available
until expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $4,039,000 shall remain available until September 30,
2019 to complete the first of three phases of the shelving replacement
in the Law Library's collection storage areas: Provided further, That
of the total amount appropriated, $24,000,000 shall remain available
until September 30, 2019 to migrate the Library's Primary Computing
Facility (PCF) in the James Madison Building to an alternate
PCF.</DELETED>
<DELETED>Copyright Office</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For all necessary expenses of the Copyright Office,
$68,827,000, of which not more than $31,269,000, to remain available
until expended, shall be derived from collections credited to this
appropriation during fiscal year 2017 under section 708(d) of title 17,
United States Code: Provided, That the Copyright Office may not
obligate or expend any funds derived from collections under such
section, in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That not more
than $5,929,000 shall be derived from collections during fiscal year
2017 under sections 111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of
such title: Provided further, That the total amount available for
obligation shall be reduced by the amount by which collections are less
than $37,198,000: Provided further, That $4,531,000 shall be derived
from prior year unobligated balances: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in the
Copyright Office of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws and
policies: Provided further, That not more than $6,500 may be expended,
on the certification of the Librarian of Congress, in connection with
official representation and reception expenses for activities of the
International Copyright Institute and for copyright delegations,
visitors, and seminars: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any amounts
made available under this heading which are attributable to royalty
fees and payments received by the Copyright Office pursuant to sections
111, 119, and chapter 10 of such title may be used for the costs
incurred in the administration of the Copyright Royalty Judges program,
with the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).</DELETED>
<DELETED>Congressional Research Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2 U.S.C.
166) and to revise and extend the Annotated Constitution of the United
States of America, $107,945,000: Provided, That no part of such amount
may be used to pay any salary or expense in connection with any
publication, or preparation of material therefor (except the Digest of
Public General Bills), to be issued by the Library of Congress unless
such publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate.</DELETED>
<DELETED>Books for the Blind and Physically Handicapped</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For all necessary expenses to carry out the Act of March
3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,248,000:
Provided, That of the total amount appropriated, $650,000 shall be
available to contract to provide newspapers to blind and physically
handicapped residents at no cost to the individual.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED>reimbursable and revolving fund activities</DELETED>
<DELETED> Sec. 1301. (a) In General.--For fiscal year 2017, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $188,188,000.</DELETED>
<DELETED> (b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations Acts
for the legislative branch.</DELETED>
<DELETED>library of congress national collection stewardship
fund</DELETED>
<DELETED> Sec. 1302. (a) Establishment.--There is hereby
established in the Treasury of the United States, as an account for the
Librarian of Congress, the ``Library of Congress National Collection
Stewardship Fund'' (hereafter in this section referred to as the
``Fund'').</DELETED>
<DELETED> (b) Contents of Fund.--The Fund shall consist of the
following amounts:</DELETED>
<DELETED> (1) Such amounts as may be transferred by the
Librarian from available amounts appropriated for any fiscal
year for the Library of Congress under the heading ``Salaries
and Expenses''.</DELETED>
<DELETED> (2) Such amounts as may be appropriated to the
Fund under law.</DELETED>
<DELETED> (c) Use of Amounts.--Amounts in the Fund may be used by
the Librarian as follows:</DELETED>
<DELETED> (1) The Librarian may use amounts directly for the
purpose of preparing collection materials of the Library of
Congress for long-term storage.</DELETED>
<DELETED> (2) The Librarian may transfer amounts to the
Architect of the Capitol for the purpose of designing,
constructing, altering, upgrading, and equipping collections
preservation and storage facilities for the Library of
Congress, or for the purpose of acquiring real property by
lease for the preservation and storage of Library of Congress
collections in accordance with section 1102 of the Legislative
Branch Appropriations Act, 2009 (2 U.S.C. 1823a).</DELETED>
<DELETED> (d) Continuing Availability of Funds.--Any amounts in the
Fund shall remain available until expended.</DELETED>
<DELETED> (e) Annual Report.--Not later than 180 days after the end
of each fiscal year, the Librarian shall submit a joint report on the
Fund to the Joint Committee on the Library and the Committees on
Appropriations of the House of Representatives and Senate.</DELETED>
<DELETED> (f) Initial 5-Year Plan.--Not later than 6 months after
the date of the enactment of this Act, the Librarian shall submit to
the Joint Committee on the Library and the Committees on Appropriations
of the House of Representatives and Senate a report providing a plan
for expenditures from the Fund for the first 5 fiscal years of the
Fund's operation.</DELETED>
<DELETED> (g) Effective Date.--This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.</DELETED>
<DELETED>film preservation programs</DELETED>
<DELETED> Sec. 1303. (a) National Film Preservation Board.--
</DELETED>
<DELETED> (1) Reauthorization.--Section 112 of the National
Film Preservation Act of 1996 (2 U.S.C. 179v) is amended by
striking ``through fiscal year 2016'' and inserting ``through
fiscal year 2026''.</DELETED>
<DELETED> (2) Effective date.--The amendment made by
paragraph (1) shall take effect as if included in the enactment
of the National Film Preservation Act of 1996.</DELETED>
<DELETED> (b) National Film Preservation Foundation.--Section
151711(a)(1)(C) of title 36, United States Code, is amended by striking
``through 2016'' and inserting ``through 2026''.</DELETED>
<DELETED>sound recording preservation programs</DELETED>
<DELETED> Sec. 1304. (a) National Recording Preservation Board.--
Section 133 of the National Recording Preservation Act of 2000 (2
U.S.C. 1743) is amended by striking ``through fiscal year 2016'' and
inserting ``through fiscal year 2026''.</DELETED>
<DELETED> (b) National Recording Preservation Foundation.--
</DELETED>
<DELETED> (1) Authorization of appropriations.--Section
152411(a) of title 36, United States Code, is amended by
striking ``through fiscal year 2016'' and inserting ``through
fiscal year 2026''.</DELETED>
<DELETED> (2) Number of members of board of directors.--
Section 152403(b)(2)(A) of such title is amended by striking
``nine directors'' and inserting ``12 directors''.</DELETED>
<DELETED>GOVERNMENT PUBLISHING OFFICE</DELETED>
<DELETED>Congressional Publishing</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For authorized publishing of congressional information and
the distribution of congressional information in any format; expenses
necessary for preparing the semimonthly and session index to the
Congressional Record, as authorized by law (section 902 of title 44,
United States Code); publishing of Government publications authorized
by law to be distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $79,736,000: Provided,
That this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That
this appropriation shall be available for the payment of obligations
incurred under the appropriations for similar purposes for preceding
fiscal years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code, none of
the funds appropriated or made available under this Act or any other
Act for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended to
print a document, report, or publication after the 27-month period
beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United States
Code: Provided further, That any unobligated or unexpended balances in
this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Publishing Office Business
Operations Revolving Fund for carrying out the purposes of this
heading, subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United States
Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.</DELETED>
<DELETED>Public Information Programs of the Superintendent of
Documents</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide for the
cataloging and indexing of Government publications and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange
libraries as authorized by law, $29,500,000: Provided, That amounts of
not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets
and other related publications for fiscal years 2015 and 2016 to
depository and other designated libraries: Provided further, That any
unobligated or unexpended balances in this account or accounts for
similar purposes for preceding fiscal years may be transferred to the
Government Publishing Office Business Operations Revolving Fund for
carrying out the purposes of this heading, subject to the approval of
the Committees on Appropriations of the House of Representatives and
Senate.</DELETED>
<DELETED>Government Publishing Office Business Operations Revolving
Fund</DELETED>
<DELETED> For payment to the Government Publishing Office Business
Operations Revolving Fund, $7,832,000, to remain available until
expended, for information technology development and facilities repair:
Provided, That the Government Publishing Office is hereby authorized to
make such expenditures, within the limits of funds available and in
accordance with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
programs and purposes set forth in the budget for the current fiscal
year for the Government Publishing Office Business Operations Revolving
Fund: Provided further, That not more than $7,500 may be expended on
the certification of the Director of the Government Publishing Office
in connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with travel
expenses of the advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the provisions
of title 44, United States Code: Provided further, That the Business
Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the Business Operations Revolving Fund may provide
information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.</DELETED>
<DELETED>GOVERNMENT ACCOUNTABILITY OFFICE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses;
temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level IV of the
Executive Schedule under section 5315 of such title; hire of one
passenger motor vehicle; advance payments in foreign countries in
accordance with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and (8) of the
Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and
under regulations prescribed by the Comptroller General of the United
States, rental of living quarters in foreign countries, $533,100,000:
Provided, That, in addition, $23,350,000 of payments received under
sections 782, 791, 3521, and 9105 of title 31, United States Code,
shall be available without fiscal year limitation: Provided further,
That this appropriation and appropriations for administrative expenses
of any other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants: Provided
further, That payments hereunder to the Forum may be credited as
reimbursements to any appropriation from which costs involved are
initially financed.</DELETED>
<DELETED>OPEN WORLD LEADERSHIP CENTER TRUST FUND</DELETED>
<DELETED> For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center under
section 313 of the Legislative Branch Appropriations Act, 2001 (2
U.S.C. 1151), $1,000,000.</DELETED>
<DELETED>JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND
DEVELOPMENT</DELETED>
<DELETED> For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and Development Act
(2 U.S.C. 1105), $430,000.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED>maintenance and care of private vehicles</DELETED>
<DELETED> Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of
Representatives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and
Administration.</DELETED>
<DELETED>fiscal year limitation</DELETED>
<DELETED> Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2017 unless
expressly so provided in this Act.</DELETED>
<DELETED>rates of compensation and designation</DELETED>
<DELETED> Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees
of the Senate and House of Representatives, and clerk hire for Senators
and Members of the House of Representatives shall be the permanent law
with respect thereto.</DELETED>
<DELETED>consulting services</DELETED>
<DELETED> Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
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 under existing
law.</DELETED>
<DELETED>costs of lbfmc</DELETED>
<DELETED> Sec. 205. Amounts available for administrative expenses
of any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by charter on
March 26, 1996, shall be available to finance an appropriate share of
LBFMC costs as determined by the LBFMC, except that the total LBFMC
costs to be shared among all participating legislative branch entities
(in such allocations among the entities as the entities may determine)
may not exceed $2,000.</DELETED>
<DELETED>limitation on transfers</DELETED>
<DELETED> Sec. 206. 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 appropriation
Act.</DELETED>
<DELETED>guided tours of the capitol</DELETED>
<DELETED> Sec. 207. (a) Except as provided in subsection (b), none
of the funds made available to the Architect of the Capitol in this Act
may be used to eliminate or restrict guided tours of the United States
Capitol which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and
Senate.</DELETED>
<DELETED> (b) At the direction of the Capitol Police Board, or at
the direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.</DELETED>
<DELETED>computer network activity</DELETED>
<DELETED> Sec. 208. (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.</DELETED>
<DELETED> (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 to carry out criminal or Congressional
investigations, prosecution, or adjudication activities.</DELETED>
<DELETED>spending reduction account</DELETED>
<DELETED> Sec. 209. 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, excluding Senate items, exceeds the amount of
proposed new budget authority is $0.</DELETED>
<DELETED> Sec. 210. None of the funds made available by this Act
may be used to deliver a printed copy of the United States House of
Representatives Telephone Directory to the office of any Member of the
House of Representatives (including a Delegate or Resident Commissioner
to the Congress).</DELETED>
<DELETED> Sec. 211. None of the funds made available by this Act
may be used to deliver a printed copy of the Budget of the United
States Government; Analytical Perspectives, Budget of the United States
Government; or the Appendix, Budget of the United States Government, to
the office of any Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).</DELETED>
<DELETED> Sec. 212. None of the funds made available by 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 Federal Acquisition
Regulation, that the offeror or any of its principals--</DELETED>
<DELETED> (1) within a three-year period preceding the
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 above in paragraph
(1); or</DELETED>
<DELETED> (3) within a three-year period preceding the
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. 213. None of the funds made available by this Act
may be used to deliver a printed copy of the Federal Register to a
Member of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress) unless the Member requests a
copy.</DELETED>
<DELETED> This Act may be cited as the ``Legislative Branch
Appropriations Act, 2017''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations and
Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2017, and Zika Response and Preparedness Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
Sec. 6. Explanatory statement.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
Title I--Department of Health and Human Services
Title II--Department of State
Title III--General Provisions--This Division
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
DIVISION D--RESCISSIONS OF FUNDS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2017.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to the
Congress.
SEC. 6. EXPLANATORY STATEMENT.
(a) The explanatory statement regarding this Act, printed in the
Senate section of the Congressional Record on or about September 22,
2016, by the Chairman of the Committee on Appropriations of the Senate,
shall have the same effect with respect to the allocation of funds and
implementation of divisions A through D of this Act as if it were a
joint explanatory statement of a committee of conference.
(b) Any reference to the ``joint explanatory statement accompanying
this Act'' contained in division A of this Act shall be considered to
be a reference to the explanatory statement described in subsection
(a).
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $513,459,000, to remain available
until September 30, 2021: Provided, That, of this amount, not to
exceed $98,159,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of the Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,021,580,000, to remain available until September 30,
2021: Provided, That, of this amount, not to exceed $88,230,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,491,058,000, to remain available until September 30, 2021:
Provided, That of this amount, not to exceed $143,582,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That none of the funds made available under this heading shall
be for construction of the Joint Intelligence Analysis Complex
Consolidation, Phase 3, at Royal Air Force Croughton, United Kingdom,
unless authorized in an Act authorizing appropriations for fiscal year
2017 for military construction.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,025,444,000, to remain available until September 30, 2021:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further, That
of the amount appropriated, not to exceed $180,775,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $232,930,000, to remain available until September
30, 2021: Provided, That, of the amount appropriated, not to exceed
$8,729,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
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: Provided, That, of the amount appropriated, not to exceed
$10,462,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $68,230,000, to
remain available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $7,500,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $38,597,000, to remain available until September
30, 2021: Provided, That, of the amount appropriated, not to exceed
$3,783,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $188,950,000, to
remain available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $4,500,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $240,237,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $157,172,000, to remain available
until September 30, 2021.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $325,995,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $94,011,000, to remain
available until September 30, 2021.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $300,915,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $61,352,000, to remain available
until September 30, 2021.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $274,429,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $59,157,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$3,258,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Administrative Provisions
Sec. 101. 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. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10 percent
of the total number of members of the regular and reserve
components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5-10 relating to the policy, procedures,
and responsibilities for Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2021:
``Military Construction, Army'', $40,500,000;
``Military Construction, Navy and Marine Corps'',
$227,099,000;
``Military Construction, Air Force'', $149,500,000;
``Military Construction, Army National Guard'',
$67,500,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $30,000,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2017 submitted to
Congress by the Secretary of Defense: Provided further, That such
projects are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided further, That
not later than 30 days after enactment of this Act, the Secretary of
the military department concerned, or his or her designee, shall submit
to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 126. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $89,400,000, to remain available until
September 30, 2021: Provided, That, such funds may only be obligated
to carry out construction projects identified by the Department of the
Navy in its June 8, 2016, unfunded priority list submission to the
Committees on Appropriations of both Houses of Congress detailing
unfunded reprogramming and emergency construction requirements:
Provided further, That, not later than 30 days after enactment of this
Act, the Secretary of the Navy, or his or her designee, shall submit to
the Committees an expenditure plan for funds provided under this
section.
(rescissions of funds)
Sec. 127. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are
hereby rescinded from the following accounts in the amounts specified:
``Military Construction, Army'', $29,602,000;
``Military Construction, Air Force'', $51,460,000;
``Military Construction, Defense-Wide'', $171,600,000, of
which $30,000,000 are to be derived from amounts made available
for Missile Defense Agency planning and design; and
``North Atlantic Treaty Organization Security Investment
Program'', $30,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
(rescission of funds)
Sec. 128. Of the unobligated balances made available in prior
appropriation Acts for the fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374) (other than appropriations designated by law as being for
contingency operations directly related to the global war on terrorism
or as an emergency requirement), $25,000,000 are hereby rescinded.
Sec. 129. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 130. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 131. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force (1) completes an analysis and comparison of the cost
and infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the United
States; (2) provides to the Committees on Appropriations of both Houses
of Congress (``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of the
United States.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$90,119,449,000, to remain available until expended and to become
available on October 1, 2017: Provided, That not to exceed $17,224,000
of the amount made available for fiscal year 2018 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans Benefits
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 become available on October 1,
2016; and, in addition, $44,886,554,000, plus reimbursements, shall
become available on October 1, 2017, and shall remain available until
September 30, 2018: Provided, That, of the amount made available on
October 1, 2017, under this heading, $1,400,000,000 shall remain
available until September 30, 2019: 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; $247,668,000, which shall be
in addition to funds previously appropriated under this heading that
become 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, $345,391,000, of which not to exceed 5 percent
shall remain available until September 30, 2018: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$156,096,000, of which not to exceed 10 percent shall remain available
until September 30, 2018.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information 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 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) submits to the Committees on Appropriations of both
Houses of Congress the VistA Evolution Business Case and
supporting documents regarding continuation of VistA Evolution
or alternatives to VistA Evolution, including an analysis of
necessary or desired capabilities, technical and security
requirements, the plan for modernizing the platform framework,
and all associated costs;
(2) 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;
(3) submits to the Committees on Appropriations of both
Houses of Congress a report outlining the strategic plan to
reach interoperability with private sector healthcare
providers, the timeline for reaching ``meaningful use'' as
defined by the Office of National Coordinator for Health
Information Technology for each data domain covered under the
VistA Evolution program, and the extent to which the Department
of Veterans Affairs leverages the State Health Information
Exchanges to share health data with private sector providers;
(4) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the following:
a report that describes the extent to which VistA Evolution, or
any successor program, maximizes the use of commercially
available software used by DoD and the private sector, requires
an open architecture that leverages best practices and rapidly
adapts to technologies produced by the private sector, enhances
full interoperability between the VA and DoD and between VA and
the private sector, and ensures the security of personally
identifiable information of veterans and beneficiaries; and
(5) certifies in writing to the Committees on
Appropriations of both Houses of Congress that the Department
of Veterans Affairs has met the requirements contained in the
National Defense Authorization Act of Fiscal Year 2014 (Public
Law 113-66) which require that electronic health record systems
of the Department of Defense and the Department of Veterans
Affairs have reached interoperability, comply with national
standards and architectural requirements identified by the DoD/
VA Interagency Program Office in collaboration with the Office
of National Coordinator for Health Information Technology:
Provided further, That the funds made available under this heading
for information technology systems development, modernization, and
enhancement, shall be for the projects, and in the amounts, specified
under this heading in the joint explanatory statement accompanying this
Act.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $160,106,000, of which
not to exceed 10 percent shall remain available until September 30,
2018.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $528,110,000, of which
$478,110,000 shall remain available until September 30, 2021, and of
which $50,000,000 shall remain available until expended: 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 among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2016.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(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 $3,932,000 for
the Office of Employment Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. 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. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
(rescission of funds)
Sec. 217. Of the amounts appropriated in title II of division J of
Public Law 114-113 under the heading ``Medical Services'' which become
available on October 1, 2016, $7,246,181,000 are hereby rescinded.
Sec. 218. 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 paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying this Act.
(including transfer of funds)
Sec. 219. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National Cemetery
Administration'' accounts for fiscal year 2017 may be transferred to or
from the ``Information Technology Systems'' account: Provided, That
such transfers may not result in a more than 10 percent aggregate
increase in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided further, That,
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 220. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
(including transfer of funds)
Sec. 221. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $274,731,000, plus
reimbursements, may be transferred to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): 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. 222. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $280,802,000, plus
reimbursements, may be transferred to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 223. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 224. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 225. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 226. 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. 227. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 228. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying this Act.
Sec. 229. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2017 for ``Medical Support and Compliance'' a
maximum of $40,000,000 may be obligated from the ``Medical Support and
Compliance'' account for the VistA Evolution and electronic health
record interoperability projects: Provided, That funds in addition to
these amounts may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written notification by
the Secretary of Veterans Affairs to the Committees on Appropriations
of both Houses of Congress.
Sec. 230. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 231. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $2,000,000.
(including transfer of funds)
Sec. 232. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2017 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2017, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 233. Amounts made available for the Department of Veterans
Affairs for fiscal year 2017, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 234. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $5,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
(rescission of funds)
Sec. 235. Of the unobligated balances available within the ``DOD-
VA Health Care Sharing Incentive Fund'', $40,000,000 are hereby
rescinded.
(rescissions of funds)
Sec. 236. Of the discretionary funds made available in Public Law
114-113 for the Department of Veterans Affairs for fiscal year 2017,
$134,000,000 are rescinded from ``Medical Services'', $26,000,000 are
rescinded from ``Medical Support and Compliance'', and $9,000,000 are
rescinded from ``Medical Facilities''.
Sec. 237. The amounts otherwise made available by this Act for the
following accounts of the Department of Veterans Affairs are hereby
reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and
Prosthetic Research'', $2,000,000.
(2) ``Departmental Administration--Board of Veterans
Appeals'', $500,000.
(3) ``Veterans Benefits Administration--General Operating
Expenses, Veterans Benefits Administration'', $12,000,000.
(4) ``Departmental Administration--Information Technology
Systems'', $8,000,000.
(5) ``Departmental Administration--Office of Inspector
General'', $500,000.
Sec. 238. The Secretary of Veterans Affairs shall ensure that the
toll-free suicide hotline under section 1720F(h) of title 38, United
States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
Sec. 239. (a) The Secretary of Veterans Affairs shall treat a
marriage and family therapist described in subsection (b) as qualified
to serve as a marriage and family therapist in the Department of
Veterans Affairs, regardless of any requirements established by the
Commission on Accreditation for Marriage and Family Therapy Education.
(b) A marriage and family therapist described in this subsection is
a therapist who meets each of the following criteria:
(1) Has a masters or higher degree in marriage and family
therapy, or a related field, from a regionally accredited
institution.
(2) Is licensed as a marriage and family therapist in a
State (as defined in section 101(20) of title 38, United States
Code) and possesses the highest level of licensure offered from
the State.
(3) Has passed the Association of Marital and Family
Therapy Regulatory Board Examination in Marital and Family
Therapy or a related examination for licensure administered by
a State (as so defined).
Sec. 240. 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. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 242. Paragraph (3) of section 403(a) of the Veterans' Mental
Health and Other Care Improvements Act of 2008 (Public Law 110-387; 38
U.S.C. 1703 note) is amended to read as follows:
``(3) Duration.--A veteran may receive health services
under this section during the period beginning on the date
specified in paragraph (2) and ending on September 30, 2017.''.
Sec. 243. (a) Section 1722A(a) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Paragraph (1) does not apply to opioid antagonists
furnished under this chapter to a veteran who is at high risk
for overdose of a specific medication or substance in order to
reverse the effect of such an overdose.''.
(b) Section 1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health services''
and inserting ``with respect to the following:''
``(A) Home health services''; and
(2) by adding at the end the following new subparagraph:
``(B) Education on the use of opioid antagonists to
reverse the effects of overdoses of specific
medications or substances.''.
Sec. 244. Section 312 of title 38, United States Code, is amended
in subsection (c)(1) by striking the phrase ``that makes a
recommendation or otherwise suggests corrective action,''.
Sec. 245. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2017 and fiscal year 2018 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 246. Section 5701(l) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
VA Patient Protection Act of 2016
Sec. 247. (a) Procedure and Administration.--
(1) 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. 248. (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. 249. Section 322(d)(1) of title 38, United States Code, is
amended--
(1) by striking ``allowance to a veteran'' and inserting
the following: ``allowance to--
``(A) a veteran'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(B) a veteran with a VA service-connected disability
rated as 30 percent or greater by the Department of Veterans
Affairs who is selected by the United States Olympic Committee
for the United States Olympic Team for any month in which the
veteran is competing in any event sanctioned by the National
Governing Bodies of the United States Olympic Sports.''.
Sec. 250. (a) In General.--Section 111(b)(1) of title 38, United
States Code, is amended by adding at the end the following new
subparagraph:
``(G) A veteran with vision impairment, a veteran with a
spinal cord injury or disorder, or a veteran with double or
multiple amputations whose travel is in connection with care
provided through a special disabilities rehabilitation program
of the Department (including programs provided by spinal cord
injury centers, blind rehabilitation centers, and prosthetics
rehabilitation centers) if such care is provided--
``(i) on an in-patient basis; or
``(ii) during a period in which the Secretary
provides the veteran with temporary lodging at a
facility of the Department to make such care more
accessible to the veteran.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on the
beneficiary travel program under section 111 of title 38, United States
Code, as amended by subsection (a), that includes the following:
(1) The cost of the program.
(2) The number of veterans served by the program.
(3) Such other matters as the Secretary considers
appropriate.
(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.
Sec. 251. (a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
establish a program to conduct inspections of kitchens and food service
areas at each medical facility of the Department of Veterans Affairs.
Such inspections shall occur not less frequently than annually. The
program's goal is to ensure that the same standards for kitchens and
food service areas at hospitals in the private sector are being met at
kitchens and food service areas at medical facilities of the
Department.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations on
terms acceptable to the Secretary, the Secretary shall seek to
enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to
that of the Joint Commission on Accreditation of
Hospital Organizations.
(c) Remediation Plan.--
(1) Initial failure.--If a kitchen or food service area of
a medical facility of the Department is determined pursuant to
an inspection conducted under subsection (a) not to meet the
standards for kitchens and food service areas in hospitals in
the private sector, that medical facility fails the inspection
and the Secretary shall--
(A) implement a remediation plan for that medical
facility within 72 hours; and
(B) Conduct a second inspection under subsection
(a) at that medical facility within 14 days of the
failed inspection.
(2) Second failure.--If a medical facility of the
Department fails the second inspection conducted under
paragraph (1)(B), the Secretary shall close the kitchen or food
service area at that medical facility that did not meet the
standards for kitchens and food service areas in hospitals in
the private sector until full remediation is completed and all
kitchens and food service areas at that medical facility meet
such standards.
(3) Provision of food.--If a kitchen or food service area
is closed at a medical facility of the Department pursuant to
paragraph (2), the Director of the Veterans Integrated Service
Network in which the medical facility is located shall enter
into a contract with a vendor approved by the General Services
Administration to provide food at the medical facility.
(d) Quarterly Reports.--Not less frequently than quarterly, the
Under Secretary of Health shall submit to Congress a report on
inspections conducted under this section, and their detailed findings
and actions taken, during the preceding quarter at medical facilities
of the Department.
Sec. 252. (a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
establish a program to conduct risk-based inspections for mold and mold
issues at each medical facility of the Department of Veterans Affairs.
Such facilities will be rated high, medium, or low risk for mold. Such
inspections at facilities rated high risk shall occur not less
frequently than annually, and such inspections at facilities rated
medium or low risk shall occur not less frequently than biennially.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations on
terms acceptable to the Secretary, the Secretary shall seek to
enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to
that of the Joint Commission on Accreditation of
Hospital Organizations.
(c) Remediation Plan.--If a medical facility of the Department is
determined pursuant to an inspection conducted under subsection (a) to
have a mold issue, the Secretary shall--
(1) implement a remediation plan for that medical facility
within 7 days; and
(2) Conduct a second inspection under subsection (a) at
that medical facility within 90 days of the initial inspection.
(d) Quarterly Reports.--Not less frequently than quarterly, the
Under Secretary for Health shall submit to Congress a report on
inspections conducted under this section, and their detailed findings
and actions taken, during the preceding quarter at medical facilities
of the Department.
Sec. 253. Section 1706(b)(5)(A) of title 38, United States Code,
is amended, in the first sentence, by striking ``through 2008''.
Sec. 254. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) 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. 255. (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. 256. 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 or required by
Executive Order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 257. Appropriations made available in this Act under the
heading ``Medical Services'' shall be available to carry out sections
322(d) and 521A of title 38, United States Code, to include the payment
of the administrative expenses necessary to carry out such sections. Of
the amount appropriated for fiscal year 2017, up to $2,000,000 shall be
available for the payment of monthly assistance allowances to veterans
pursuant to 38 U.S.C. 322(d) and up to $8,000,000 shall be available
for the payment of grants pursuant to 38 U.S.C. 521A. Of the amounts
appropriated in advance for fiscal year 2018, up to $2,000,000 shall be
available for the payment of monthly assistance allowances to veterans
pursuant to 38 U.S.C. 322(d) and up to $8,000,000 shall be available
for the payment of grants pursuant to 38 U.S.C. 521A.
Sec. 258. (a) In fiscal year 2017 and each fiscal year hereafter,
beginning with the fiscal year 2018 budget request submitted to
Congress pursuant to section 1105(a) of title 31, United States Code,
the budget justification documents submitted for the ``Construction,
Major Projects'' account of the Department of Veterans Affairs shall
include, at a minimum, the information required under subsection (b).
(b) The budget justification documents submitted pursuant to
subsection (a) shall include, for each project--
(1) the estimated total cost of the project;
(2) the funding provided for each fiscal year prior to the
budget year;
(3) the amount requested for the budget year;
(4) the estimated funding required for the project for each
of the 4 fiscal years succeeding the budget year; and
(5) such additional information as is enumerated under the
heading relating to the ``Construction, Major Projects''
account of the Department of Veterans Affairs in the joint
explanatory statement accompanying this Act.
(c) Not later than 45 days after the date of enactment of this Act,
the Secretary of Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress a proposed budget
justification template that complies with the requirements of this
section.
Sec. 259. (a) The Secretary of Veterans Affairs may carry out the
following major medical facility projects, with each project to be
carried out in an amount not to exceed the amount specified for that
project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in San
Francisco, California, in an amount not to exceed $180,480,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West Los
Angeles, California, in an amount not to exceed $105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in an
amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(8) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$16,260,000.
(b) There is authorized to be appropriated to the Secretary of
Veterans Affairs for fiscal year 2016 or the year in which funds are
appropriated for the Construction, Major Projects, account,
$1,113,802,000 for the projects authorized in subsection (a).
(c) The projects authorized in subsection (a) may only be carried
out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (b);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2016 for a category of activity not specific to
a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2016 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2016 for a category of
activity not specific to a project.
Sec. 260. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2016 (Public Law 114-113).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $75,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $30,945,000: Provided, That
$2,500,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $70,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2019. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury
to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
Sec. 302. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$18,900,000, to remain available until September 30, 2021, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $59,809,000, to remain available until September 30,
2021, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$88,291,000, to remain available until September 30, 2021, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $5,000,000, to remain available until September 30, 2021, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 504. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 506. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 507. (a) 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. 508. (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. 509. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 511. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017''.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for fiscal year 2016 for ``CDC-Wide
Activities and Program Support'', $394,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, health conditions related to such virus, and other vector-borne
diseases, domestically and internationally: Provided, That products
purchased with these funds may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic National
Stockpile under section 319F-2 of the Public Health Service (``PHS'')
Act: Provided further, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries: Provided
further, That the provisions in section 317S of the PHS Act shall apply
to the use of funds appropriated in this paragraph as determined by the
Director of the Centers for Disease Control and Prevention to be
appropriate: Provided further, That funds appropriated in this
paragraph may be used for grants for the construction, alteration, or
renovation of non-federally owned facilities to improve preparedness
and response capability at State and local laboratories: Provided
further, That of the amount appropriated in this paragraph, $44,000,000
is included to supplement either fiscal year 2016 or fiscal year 2017
funds for the Public Health Emergency Preparedness cooperative
agreement program to restore fiscal year 2016 funds that were
reprogrammed for Zika virus response prior to the enactment of this
Act: Provided further, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``National
Institute of Allergy and Infectious Diseases'', $152,000,000, to remain
available until September 30, 2017, for research on the virology,
natural history, and pathogenesis of the Zika virus infection and
preclinical and clinical development of vaccines and other medical
countermeasures for the Zika virus and other vector-borne diseases,
domestically and internationally: Provided, That such funds may be
transferred by the Director of the National Institutes of Health
(``NIH'') to other accounts of the NIH for the purposes provided in
this paragraph: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Public Health
and Social Services Emergency Fund'', $387,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, health conditions related to such virus, and other vector-borne
diseases, domestically and internationally; to develop necessary
countermeasures and vaccines, including the development and purchase of
vaccines, therapeutics, diagnostics, necessary medical supplies, and
administrative activities; for carrying out section 501 of the Social
Security Act; and for carrying out sections 330 through 336 and 338 of
the PHS Act: Provided, That funds appropriated in this paragraph may
be used to procure security countermeasures (as defined in section
319F-2(c)(1)(B) of the PHS Act): Provided further, That paragraphs (1)
and (7)(C) of subsection (c) of section 319F-2 of the PHS Act, but no
other provisions of such section, shall apply to such security
countermeasures procured with funds appropriated in this paragraph:
Provided further, That products purchased with funds appropriated in
this paragraph may, at the discretion of the Secretary of Health and
Human Services, be deposited in the Strategic National Stockpile under
section 319F-2 of the PHS Act: Provided further, That funds
appropriated in this paragraph may be transferred to the fund
authorized by section 319F-4 of the PHS Act: Provided further, That of
the funds appropriated under this heading, $75,000,000, in addition to
the purposes specified above, shall also be available for necessary
expenses for support to States, territories, tribes, or tribal
organizations with active or local transmission cases of the Zika
virus, as confirmed by the Centers for Disease Control and Prevention,
to reimburse the costs of health care for health conditions related to
the Zika virus, other than costs that are covered by private health
insurance, of which not less than $60,000,000 shall be for territories
with the highest rates of Zika transmission: Provided further, That of
the funds appropriated under this heading, $20,000,000 shall be
awarded, notwithstanding section 502 of the Social Security Act, for
projects of regional and national significance in Puerto Rico and other
territories authorized under section 501 of the Social Security Act:
Provided further, That of the funds appropriated under this heading,
$40,000,000 shall be used to expand the delivery of primary health
services authorized by section 330 of the PHS Act in Puerto Rico and
other territories: Provided further, That of the funds appropriated
under this heading, $6,000,000 shall, for purposes of providing primary
health services in areas affected by Zika virus or other vector-borne
diseases, be used to assign National Health Service Corps (``NHSC'')
members to Puerto Rico and other territories, notwithstanding the
assignment priorities and limitations in or under sections
333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and to make NHSC Loan
Repayment Program awards under section 338B of such Act: Provided
further, That for purposes of the previous proviso, section
331(a)(3)(D) of the PHS Act shall be applied as if the term ``primary
health services'' included health services regarding pediatric
subspecialists: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
direct hires
Sec. 101. Funds appropriated by this title may be used by the
heads of the Department of Health and Human Services, Department of
State, and the United States Agency for International Development to
appoint, without regard to the provisions of sections 3309 through 3319
of title 5 of the United States Code, candidates needed for positions
to perform critical work relating to Zika response for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
transfer authorities
Sec. 102. Funds appropriated by this title may be transferred to,
and merged with, other appropriation accounts under the headings
``Centers for Disease Control and Prevention'', ``Public Health and
Social Services Emergency Fund'', and ``National Institutes of Health''
for the purposes specified in this title following consultation with
the Office of Management and Budget: 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 title may be
transferred pursuant to the authority in section 205 of division H of
Public Law 114-113 or section 241(a) of the PHS Act.
reporting requirements
Sec. 103. Not later than 30 days after enactment of this Act, the
Secretary of Health and Human Services shall provide a detailed spend
plan of anticipated uses of funds made available in this title,
including estimated personnel and administrative costs, to the
Committees on Appropriations: Provided, That such plans shall be
updated and submitted to the Committees on Appropriations every 60 days
until September 30, 2017.
oversight
Sec. 104. Of the funds appropriated by this title under the
heading ``Public Health and Social Services Emergency Fund'', up to--
(1) $500,000 shall be transferred to, and merged with,
funds made available under the heading ``Office of the
Secretary, Office of Inspector General'', and shall remain
available until expended, for oversight of activities supported
with funds appropriated by this title: Provided, That the
Secretary of Health and Human Services shall consult with the
Committees on Appropriations prior to obligating such funds:
Provided further, That the transfer authority provided by this
paragraph is in addition to any other transfer authority
provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: Provided, That the Comptroller
General shall consult with the Committees on Appropriations
prior to obligating such funds.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Diplomatic and
Consular Programs'', $14,594,000, to remain available until September
30, 2017, for necessary expenses to support response efforts related to
the Zika virus, health conditions related to such virus, and other
vector-borne diseases: Provided, That such funds may be made available
for medical evacuation costs of any other department or agency of the
United States under Chief of Mission authority, and may be transferred
to any other appropriation of such department or agency for such costs:
Provided further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 for ``Emergencies in
the Diplomatic and Consular Service'', $4,000,000 for necessary
expenses to support response efforts related to the Zika virus, health
conditions related to such virus, and other vector-borne diseases, to
remain available until September 30, 2017: Provided, That such amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
repatriation loans program account
For an additional amount for fiscal year 2016 for ``Repatriation
Loans Program Account'' for the cost of direct loans, $1,000,000, to
support response efforts related to the Zika virus, health conditions
related to such virus, and other vector-borne diseases, to remain
available until September 30, 2017: Provided, That such costs,
including costs of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize an additional amount of gross
obligations for the principal amount of direct loans not to exceed
$1,880,406: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for fiscal year 2016 for ``Operating
Expenses'', $10,000,000, to remain available until September 30, 2017,
for necessary expenses to support response efforts related to the Zika
virus, health conditions related to such virus, and other vector-borne
diseases: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for fiscal year 2016 for ``Global Health
Programs'', $145,500,000, to remain available until September 30, 2017,
for necessary expenses to prevent, prepare for, and respond to the Zika
virus, health conditions related to such virus, and other vector-borne
diseases: Provided, That funds appropriated under this heading shall
be made available for vector control activities, vaccines, diagnostics,
and vector control technologies: Provided further, That funds
appropriated under this heading may be made available as contributions
to the World Health Organization, the United Nations Children's Fund,
the Pan American Health Organization, the International Atomic Energy
Agency, and the Food and Agriculture Organization: Provided further,
That funds made available under this heading shall be subject to prior
consultation with the Committees on Appropriations: Provided further,
That none of the funds appropriated under this heading may be made
available for the Grand Challenges for Development program: Provided
further, That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Funds appropriated by this title under the headings
``Diplomatic and Consular Programs'', ``Emergencies in the Diplomatic
and Consular Service'', ``Repatriation Loans Program Account'', and
``Operating Expenses'' may be transferred to, and merged with, funds
appropriated by this title under such headings to carry out the
purposes of this title.
(b) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(c) 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.
(d) No funds shall be transferred pursuant to this section unless
at least 5 days prior to making such transfer the Secretary of State or
the Administrator of the United States Agency for International
Development, as appropriate, notifies the Committees on Appropriations
in writing of the details of any such transfer.
notification requirement
Sec. 202. Funds appropriated by this title shall only be available
for obligation if the Secretary of State or the Administrator of the
United States Agency for International Development, as appropriate,
notifies the Committees on Appropriations in writing at least 15 days
in advance of such obligation.
consolidated reporting requirement
Sec. 203. Not later than 30 days after enactment of this Act and
prior to the initial obligation of funds made available by this title,
the Secretary of State and the Administrator of the United States
Agency for International Development shall submit a consolidated report
to the Committees on Appropriations on the anticipated uses of such
funds on a country and project basis, including estimated personnel and
administrative costs: Provided, That such report shall be updated and
submitted to the Committees on Appropriations every 60 days until
September 30, 2017.
oversight
Sec. 204. Of the funds appropriated by this title, up to--
(1) $500,000 shall be transferred to, and merged with,
funds available under the heading ``United States Agency for
International Development, Funds Appropriated to the President,
Office of Inspector General'', and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: Provided, That the transfer
authority provided by this paragraph is in addition to any
other transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: Provided, That the Secretary of
State and the Comptroller General, as appropriate, shall
consult with the Committees on Appropriations prior to
obligating such funds.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
extension of authorities and provisions
Sec. 301. Unless otherwise provided for by this division, the
additional amounts appropriated pursuant to this division are subject
to the requirements for funds contained in the Consolidated
Appropriations Act, 2016 (Public Law 114-113).
personal service contractors
Sec. 302. Funds made available by this division may be used to
enter into contracts with individuals for the provision of personal
services (as described in section 104 of part 37 of title 48, Code of
Federal Regulations (48 CFR 37.104)) to support the purposes of titles
I and II of this division, within the United States and abroad, subject
to prior consultation with, and the notification procedures of, the
Committees on Appropriations: Provided, That such individuals may not
be deemed employees of the United States for the purpose of any law
administered by the Office of Personnel Management: Provided further,
That the authority made available pursuant to this section shall expire
on September 30, 2017.
designation retention
Sec. 303. Any amount appropriated by this division, designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this division
shall retain such designation.
effective date
Sec. 304. This division shall become effective immediately upon
enactment of this Act.
This division may be cited as the ``Zika Response and Preparedness
Appropriations Act, 2016''.
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2017, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2016 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2016, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2016
(division A of Public Law 114-113), except section 728.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016 (division B of Public Law 114-113).
(3) The Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2016 (division D of Public Law 114-113).
(5) The Financial Services and General Government
Appropriations Act, 2016 (division E of Public Law 114-113),
which for purposes of this Act shall be treated as including
section 707 of division O of Public Law 114-113.
(6) The Department of Homeland Security Appropriations Act,
2016 (division F of Public Law 114-113).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2016 (division G of Public
Law 114-113).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2016
(division H of Public Law 114-113).
(9) The Legislative Branch Appropriations Act, 2016
(division I of Public Law 114-113).
(10) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2016 (division K of Public
Law 114-113), except title IX.
(11) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L of Public
Law 114-113), except section 420.
(b) The rate for operations provided by subsection (a) is hereby
reduced by 0.496 percent.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2016 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2016 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line
item in a budget activity within an appropriation account and an R-1
line item that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2016.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2016.
Sec. 105. Appropriations made and authority granted pursuant to
this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in the
applicable appropriations Act for fiscal year 2017, appropriations and
funds made available and authority granted pursuant to this Act shall
be available until whichever of the following first occurs: (1) the
enactment into law of an appropriation for any project or activity
provided for in this Act; (2) the enactment into law of the applicable
appropriations Act for fiscal year 2017 without any provision for such
project or activity; or (3) December 9, 2016.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this Act may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2017 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would
impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2016, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2016, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2016 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2016, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act
that was previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985 or as
being for disaster relief pursuant to section 251(b)(2)(D) of such Act
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of such Act or
as being for disaster relief pursuant to section 251(b)(2)(D) of such
Act, respectively.
(b) The reduction in section 101(b) of this Act shall not apply
to--
(1) amounts designated under subsection (a) of this
section;
(2) amounts made available by section 101(a) by reference
to the second paragraph under the heading ``Social Security
Administration--Limitation on Administrative Expenses'' in
division H of Public Law 114-113; or
(3) amounts made available by section 101(a) by reference
to the paragraph under the heading ``Centers for Medicare and
Medicaid Services--Health Care Fraud and Abuse Control
Account'' in division H of Public Law 114-113.
(c) Section 6 of Public Law 114-113 shall apply to amounts
designated in subsection (a) for Overseas Contingency Operations/Global
War on Terrorism.
Sec. 115. During the period covered by this Act, discretionary
amounts appropriated for fiscal year 2017 that were provided in advance
by appropriations Acts covered by section 101 of this Act shall be
available in the amounts provided in such Acts, reduced by the
percentage in section 101(b).
Sec. 116. (a) In addition to the amounts otherwise provided by
section 101, and notwithstanding section 104, an additional amount is
provided to the Secretary of Health and Human Services to carry out the
authorizations in the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198), at a rate for operations of $17,000,000.
(b) In addition to the amounts otherwise provided by section 101,
and notwithstanding section 104, an additional amount is provided to
the Attorney General to carry out the authorizations in the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198),
at a rate for operations of $20,000,000.
(c) Notwithstanding any other provision of this Act, in addition to
the purposes otherwise provided for amounts that become available on
October 1, 2016, under the heading ``Department of Veterans Affairs--
Veterans Health Administration--Medical Services'' in division J of
Public Law 114-113, such amounts shall be used to implement the Jason
Simcakoski Memorial and Promise Act (title IX of Public Law 114-198)
and the amendments made by that Act.
Sec. 117. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Domestic Food Programs--Food and Nutrition
Service--Commodity Assistance Program'' at a rate for operations of
$310,139,000, of which $236,120,000 shall be for the Commodity
Supplemental Food Program.
Sec. 118. Amounts provided by section 111 to the Department of
Agriculture for ``Corporations--Commodity Credit Corporation Fund--
Reimbursement for Net Realized Losses'' may be used, prior to the
completion of the report described in section 2 of the Act of August
17, 1961 (15 U.S.C. 713a-11), to reimburse the Commodity Credit
Corporation for net realized losses sustained, but not previously
reimbursed, as reflected in the June 2016 report of its financial
condition.
Sec. 119. Amounts made available by section 101 for ``Department
of Agriculture--Rural Housing Service--Rental Assistance Program'' may
be apportioned up to the rate for operations necessary to pay ongoing
debt service for the multi-family direct loan programs under sections
514 and 515 of the Housing Act of 1949 (42 U.S.C. 1484 and 1485).
Sec. 120. Section 529(b)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff(b)(5)) shall be applied by substituting
the date specified in section 106(3) of this Act for ``September 30,
2016''.
Sec. 121. Notwithstanding sections 101 and 102, within amounts
provided for ``Department of Defense--Operation and Maintenance,
Defense-Wide'' and ``Department of Defense--Research, Development, Test
and Evaluation, Defense-Wide'', except for amounts designated for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the Secretary of Defense may develop, replace, and
sustain Federal Government security and suitability background
investigation information technology system requirements of the Office
of Personnel Management at a rate for operations of $95,000,000.
Sec. 122. Section 1215(f)(1) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 113 note), as
most recently amended by section 1221 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), shall be
applied by substituting ``2017'' for ``2016'' through the earlier of
the date specified in section 106(3) of this Act or the date of the
enactment of an Act authorizing appropriations for fiscal year 2017 for
military activities of the Department of Defense.
Sec. 123. (a) Funds made available by section 101 for ``Department
of Energy--Energy Programs--Uranium Enrichment Decontamination and
Decommissioning Fund'' may be apportioned up to the rate for operations
necessary to avoid disruption of continuing projects or activities
funded in this appropriation.
(b) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate not later
than 3 days after each use of the authority provided in subsection (a).
Sec. 124. (a) Notwithstanding any other provision of this Act,
except section 106, the District of Columbia may expend local funds
under the heading ``District of Columbia Funds'' for such programs and
activities under the District of Columbia Appropriations Act, 2016
(title IV of division E of Public Law 114-113) at the rate set forth
under ``Part A--Summary of Expenses'' as included in the Fiscal Year
2017 Local Budget Act of 2016 (D.C. Act 21-414), as modified as of the
date of the enactment of this Act.
(b) During the period in which this Act is in effect, the authority
and conditions provided in the Financial Services and General
Government Appropriations Act, 2016 (division E of Public Law 114-113)
which were applicable to the obligation or expenditure of funds by the
District of Columbia for any program, project, or activity during
fiscal year 2016 shall apply to the obligation or expenditure of funds
by the District of Columbia with respect to such program, project, or
activity under any authority.
Sec. 125. (a) Notwithstanding section 101, amounts are provided for
``General Services Administration--Expenses, Presidential Transition''
for necessary expenses to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note), at a rate for operations of $9,500,000, of
which not to exceed $1,000,000 is for activities authorized by sections
3(a)(8) and 3(a)(9) of such Act: Provided, That such amounts may be
transferred and credited to the ``Acquisition Services Fund'' or
``Federal Buildings Fund'' to reimburse obligations incurred prior to
enactment of this Act for the purposes provided herein related to the
Presidential election in 2016: Provided further, That amounts
available under this section shall be in addition to any other amounts
available for such purposes.
(b) Notwithstanding section 101, no funds are provided by this Act
for ``General Services Administration--Pre-Election Presidential
Transition''.
Sec. 126. Notwithstanding section 101, for expenses of the Office
of Administration to carry out the Presidential Transition Act of 1963,
as amended, and similar expenses, in addition to amounts otherwise
appropriated by law, amounts are provided to ``Presidential Transition
Administrative Support'' at a rate for operations of $7,582,000:
Provided, That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of the
President and the Office of the Vice President in this Act or any other
Act, to carry out such purposes.
Sec. 127. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``District of Columbia--
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia'' for costs associated with the Presidential
Inauguration, at a rate for operations of $19,995,000.
Sec. 128. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``National Archives and
Records Administration--Operating Expenses'' to carry out the
Presidential transition responsibilities of the Archivist of the United
States under sections 2201 through 2207 of title 44, United States Code
(commonly known as the ``Presidential Records Act of 1978''), at a rate
for operations of $4,850,000.
Sec. 129. Amounts made available by section 101 for ``Small
Business Administration--Business Loans Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
increased demand for commitments for general business loans authorized
under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
Sec. 130. Amounts provided by section 101 for the Department of
Homeland Security may be obligated in the account and budget structure
set forth in the table provided by the Chief Financial Officer of the
Department to the Committees on Appropriations of the Senate and the
House of Representatives prior to the end of fiscal year 2016 pursuant
to section 563(e) of the Department of Homeland Security Appropriations
Act, 2016 (division F of Public Law 114-113).
Sec. 131. (a) Amounts made available by section 101 for
``Department of Homeland Security--U.S. Customs and Border Protection--
Operations and Support'' may be apportioned up to the rate for
operations necessary to maintain not less than the number of staff
achieved on September 30, 2016.
(b) Amounts made available by section 101 for ``Department of
Homeland Security--Transportation Security Administration--Operations
and Support'' may be apportioned up to the rate for operations
necessary to maintain not less than the number of screeners achieved on
September 30, 2016.
Sec. 132. The authority provided by section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) shall continue in effect through
the date specified in section 106(3) of this Act.
Sec. 133. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) is amended by striking ``September 30, 2017'' and
inserting ``September 30, 2018''.
Sec. 134. (a) The authority provided by subsection (m)(3) of
section 8162 of the Department of Defense Appropriations Act, 2000 (40
U.S.C. 8903 note; Public Law 106-79) shall continue in effect through
the date specified in section 106(3) of this Act.
(b) Section 419(b) of division G of Public Law 114-113 shall not
apply during the period covered by this Act.
Sec. 135. Notwithstanding section 101, subsection 35(d) of the
Mineral Leasing Act (30 U.S.C. 191(d)) shall be applied, at a rate for
operations, through the date specified in section 106(3), as if the
following new paragraph were added at the end--
``(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money
in the Treasury not otherwise appropriated, $26,000,000 for
fiscal year 2017, to remain available until expended, for the
coordination and processing of oil and gas use authorizations,
to be reduced by amounts collected by the Bureau and
transferred to such Fee Account pursuant to subsection
(d)(3)(A)(ii) of this section, so as to result in a final
fiscal year 2017 appropriation from the general fund estimated
at not more than $0.''.
Sec. 136. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Department of the
Interior--National Park Service--Operation of the National Park
System'' for security and visitor safety activities related to the
Presidential Inaugural Ceremonies, at a rate for operations of
$4,200,000.
Sec. 137. In addition to amounts otherwise made available by
section 101, and notwithstanding section 104, amounts are provided for
``Environmental Protection Agency--Environmental Programs and
Management'' at a rate for operations of $3,000,000, to remain
available until expended, and such amounts may be apportioned up to the
rate for operations needed, for necessary expenses of activities
described in section 26(b)(1) of the Toxic Substances Control Act (15
U.S.C. 2625(b)(1)): Provided, That fees collected pursuant to such
section of such Act and deposited in the ``TSCA Service Fee Fund'' as
discretionary offsetting receipts in fiscal year 2017 shall be retained
and used for necessary salaries and expenses under the above heading
and shall remain available until expended: Provided further, That the
sum provided by this section of this Act from the general fund for
fiscal year 2017 shall be reduced by the amount of discretionary
offsetting receipts received during fiscal year 2017, so as to result
in a final fiscal year 2017 appropriation from the general fund
estimated at not more than $0: Provided further, That to the extent
that amounts realized from such receipts exceed $3,000,000, those
amounts in excess of $3,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in fiscal year
2017, shall be retained and used for necessary salaries and expenses in
this account, and shall remain available until expended: Provided
further, That of the amounts provided under this heading by section
101, the Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any fees made
available, not less than the amount of appropriations for that program
project for fiscal year 2014.
Sec. 138. Section 114(f) of the Higher Education Act of 1965 (20
U.S.C. 1011c(f)) shall be applied by substituting the date specified in
section 106(3) of this Act for ``September 30, 2016''.
Sec. 139. The first proviso under the heading ``Department of
Health and Human Services--Administration for Children and Families--
Payments to States for the Child Care and Development Block Grant'' in
title II of division H of Public Law 114-113 shall not apply during the
period covered by this Act.
Sec. 140. (a) The second proviso under the heading ``Department of
Health and Human Services--Administration for Children and Families--
Children and Families Services Programs'' in title II of division H of
Public Law 114-113 shall be applied during the period covered by this
Act as if the following were struck from such proviso: ``, of which
$141,000,000 shall be available for a cost of living adjustment
notwithstanding section 640(a)(3)(A) of such Act''.
(b) Amounts made available in the third proviso under the heading
``Department of Health and Human Services--Administration for Children
and Families--Children and Families Services Programs'' in title II of
division H of Public Law 114-113 shall not be included in the
calculation of the ``base grant'', as such term is used in section
640(a)(7)(A) of the Head Start Act (42 U.S.C. 9835(a)(7)(A)), during
the period described in section 106 of this Act.
Sec. 141. (a) Section 529 of division H of Public Law 114-113 shall
be applied by substituting ``in the Child Enrollment Contingency Fund
from the appropriation to the Fund for the first semi-annual allotment
period for fiscal year 2017 under section 2104(n)(2)(A)(ii) of the
Social Security Act'' for ``or available in the Child Enrollment
Contingency Fund from appropriations to the Fund under section
2104(n)(2)(A)(i) of the Social Security Act''; and
(b) Section 530 of division H of Public Law 114-113 shall be
applied by substituting ``$541,900,000'' for ``$4,678,500,000'' and by
adding at the end the following: ``and of the funds made available for
the purposes of carrying out section 2105(a)(3) of the Social Security
Act, $5,669,100,000 are hereby rescinded''.
Sec. 142. Notwithstanding any other provision of this Act, there
is appropriated for payment to Sami A. Takai, widow of Kyle Mark Takai,
late a Representative from the State of Hawaii, $174,000.
Sec. 143. (a) Amounts made available by section 101 for
``Department of Transportation--Federal Railroad Administration--
Operating Grants to the National Railroad Passenger Corporation'' and
``Department of Transportation--Federal Railroad Administration--
Capital and Debt Service Grants to the National Railroad Passenger
Corporation'' shall be obligated in the account and budget structure,
and under the authorities and conditions, set forth for ``Department of
Transportation--Federal Railroad Administration--Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and
``Department of Transportation--Federal Railroad Administration--
National Network Grants to the National Railroad Passenger
Corporation'' in H.R. 5394 and S. 2844, as introduced in the One
Hundred Fourteenth Congress.
(b) Amounts made available pursuant to subsection (a) are provided
for ``Department of Transportation--Federal Railroad Administration--
Northeast Corridor Grants to the National Railroad Passenger
Corporation'' at a rate for operations of $235,000,000, to remain
available until expended, and for ``Department of Transportation--
Federal Railroad Administration--National Network Grants to the
National Railroad Passenger Corporation'' at a rate for operations of
$1,155,000,000, to remain available until expended.
Sec. 144. Amounts made available by section 101 for ``Maritime
Administration--Maritime Security Program'' shall be allocated at an
annual rate across all vessels covered by operating agreements, as that
term is used in chapter 531 of title 46, United States Code, and the
Secretary shall distribute equally all such funds for payments due
under all operating agreements in equal amounts notwithstanding title
46, United States Code, section 53106: Provided, That no payment shall
exceed an annual rate of $3,500,000 per operating agreement.
Sec. 145. (a) In addition to the amount otherwise provided by
section 101 for the ``Community Planning and Development, Community
Development Fund'', there is appropriated $500,000,000 for an
additional amount for fiscal year 2016, to remain available until
expended, for necessary expenses for activities authorized under title
I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) related to disaster relief, long-term recovery, restoration of
infrastructure and housing, and economic revitalization in the most
impacted and distressed areas resulting from a major disaster declared
in 2016, and which the disaster occurred prior to the date of enactment
of this Act, pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That
funds shall be awarded directly to the State or unit of general local
government at the discretion of the Secretary: Provided further, That
as a condition of making any grant, the Secretary shall certify in
advance that such grantee has in place proficient financial controls
and procurement processes and has established adequate procedures to
prevent any duplication of benefits as defined by section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155), to ensure timely expenditure of funds, to maintain
comprehensive websites regarding all disaster recovery activities
assisted with these funds, and to detect and prevent waste, fraud, and
abuse of funds: Provided further, That prior to the obligation of
funds a grantee shall submit a plan to the Secretary for approval
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure and housing and economic
revitalization in the most impacted and distressed areas: Provided
further, That such funds may not be used for activities reimbursable
by, or for which funds are made available by, the Federal Emergency
Management Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not be considered
relevant to the non-disaster formula allocations made pursuant to
section 106 of the Housing and Community Development Act of 1974 (42
U.S.C. 5306): Provided further, That a State or subdivision thereof
may use up to 5 percent of its allocation for administrative costs:
Provided further, That in administering the funds under this heading,
the Secretary of Housing and Urban Development may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), if the Secretary finds that good
cause exists for the waiver or alternative requirement and such waiver
or alternative requirement would not be inconsistent with the overall
purpose of title I of the Housing and Community Development Act of
1974: Provided further, That, notwithstanding the preceding proviso,
recipients of funds provided under this heading that use such funds to
supplement Federal assistance provided under section 402, 403, 404,
406, 407, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without
review or public comment, any environmental review, approval, or permit
performed by a Federal agency, and such adoption shall satisfy the
responsibilities of the recipient with respect to such environmental
review, approval or permit: Provided further, That, notwithstanding
section 104(g)(2) of the Housing and Community Development Act of 1974
(42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request
for release of funds and certification, immediately approve the release
of funds for an activity or project assisted under this heading if the
recipient has adopted an environmental review, approval or permit under
the preceding proviso or the activity or project is categorically
excluded from review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.): Provided further, That the Secretary
shall publish via notice in the Federal Register any waiver, or
alternative requirement, to any statute or regulation that the
Secretary administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the effective date
of such waiver or alternative requirement: Provided further, That
amounts provided under this section shall be designated by Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and
Urban Development for administrative costs of the Office of Community
Planning and Development associated with funds appropriated to the
Department for specific disaster relief and related purposes and
designated by Congress as an emergency requirement pursuant to a
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act, including information technology costs
and costs for administering and overseeing such specific disaster
related funds, shall be transferred to the Program Office Salaries and
Expenses, Community Planning and Development account for the
Department, shall remain available until expended, and may be used for
such administrative costs for administering any funds appropriated to
the Department for any disaster relief and related purposes in any
prior or future act, notwithstanding the purposes for which such funds
were appropriated: Provided, 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.
(c) This section shall become effective immediately upon enactment
of this Act.
This division may be cited as the ``Continuing Appropriations Act,
2017''.
DIVISION D--RESCISSIONS OF FUNDS
Sec. 101. (a) Of the unobligated balances available from prior year
appropriations under the heading ``Department of Commerce, Economic
Development Administration, Economic Development Assistance Programs''
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, $10,000,000 is rescinded
immediately upon enactment of this Act: Provided, That such amounts
are designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Of the unobligated balances available from amounts provided
under the heading ``Department of Commerce, National Oceanic and
Atmospheric Administration, Operations, Research, and Facilities'' in
title II of Public Law 111-212 for responding to economic impacts of
fisherman and fishery dependent businesses, $13,000,000 is rescinded
immediately upon enactment of this Act: Provided, That such amounts
are designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Of the unobligated balances available from amounts provided
under the heading ``Department of Homeland Security, Office of the
Secretary and Executive Management'' in Public Law 109-148, $279,045 is
rescinded immediately upon enactment of this Act: Provided, That such
amounts are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(d) Of the unobligated balances available under the heading
``Department of Homeland Security, U.S. Customs and Border Protection,
Salaries and Expenses'' from emergency funds in Public Law 107-206 and
earlier laws transferred to the Department of Homeland Security when it
was created in 2003, $39,246 is rescinded immediately upon enactment of
this Act: Provided, That such amounts are designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(e) Of the unobligated balances available from amounts provided
under the heading ``Department of Homeland Security, United States
Coast Guard, Acquisition, Construction, and Improvements'' in Public
Law 110-329, Public Law 109-148 and Public Law 109-234, $48,075,920 is
rescinded immediately upon enactment of this Act: Provided, That such
amounts are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(f) Of the unobligated balances available under the heading
``Department of Homeland Security, Federal Emergency Management Agency,
Administrative and Regional Operations'' in Public Law 109-234,
$731,790 is rescinded immediately upon enactment of this Act:
Provided, That such amounts are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(g) Of the unobligated amounts made available under section
1323(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C.
18043(c)(1)), $168,100,000 is rescinded immediately upon enactment of
this Act.
(h) Of the unobligated balances available under the heading
``Operating Expenses'' in title IX of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division J
of Public Law 113-235), $7,522,000 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(i) Of the unobligated balances of appropriations made available
under the heading ``Bilateral Economic Assistance, Funds Appropriated
to the President'' in title IX of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division J
of Public Law 113-235), $109,478,000 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(j) Of the unobligated balances available from amounts provided
under the heading ``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment'' in Public Law 109-148,
$4,384,920 is rescinded immediately upon enactment of this Act:
Provided, That such amounts are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(k) Of the unobligated balances available from amounts provided
under the heading ``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment'' in Public Law 102-368,
$990,277 is rescinded immediately upon enactment of this Act:
Provided, That such amounts are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(l) Of the unobligated balances available to the Department of
Transportation from amounts provided under section 108 of Public Law
101-130, $37,400,000 is rescinded immediately upon enactment of this
Act: Provided, That such amounts are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Passed the House of Representatives June 10, 2016.
Attest:
KAREN L. HAAS,
Clerk.
Passed the Senate September 28, 2016.
Attest:
JULIE E. ADAMS,
Secretary.